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HomeMy WebLinkAbout20160787 Ver 1_USACE Correspondence_20161220Carpenter,Kristi From: Chapman,CA�my Sent: Tuesday,�ecember[�0,[�016�:09[�AM To: Ward,QSarcy;Qiarpenter,Kristi Subject: FW:�t-3826�'Villiamston�ypass Attachments: R3826_Final.pdf Follow Up Flag: Follow[�p Flag Status: Completed FYI. Sorry. Just got to this in my email after vacation. -----Original Message----- From: Barnes, Kyle W CIV USARMY CESAD (US) [mailto:Kyle.W.Barnes@usace.army.mil] Sent: Friday, December 09, 2016 12:49 PM To: Jordan, Gary <garyJordan@fws.gov>; Chapman, Amy <amy.chapman@ncdenr.gov>; Wilson, Travis W. <travis.wilson@ncwildlife.org>; Van Der Wiele, Cynthia <VanDerWiele.Cynthia@epa.gov> Subject: R-3826 Williamston Bypass AI I, I have attached the 2nd Time Out package for Corps of Engineers project SAW-2016-01671, TIP No. R-3826 as you are CC'd on the Department of the Army permit. If you have any questions or if you need a copy of the plans please let me know. Kyl e Kyle Barnes Regulatory Specialist US Army Corps of Engineers Wilmington District Washington Field Office 910-251-4584 We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0> Thank you for taking the time to visit this site and complete the survey. Regulatary Division/1200A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 89 DARLINGTON AVENUE � WILMINGTON, NORTH CAROLINA 28403-1343 December 6, 2016 Action ID: SAW-2016-01671, TTP No. R-3826 Mr. Philip S. Harris III, P.E., C.P.M. North Carolina Department of Transportation Project Development and Environmental Analysis Natural Environment Section 1598 Mail Seivice Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: Enclosed is a Department of the Army permit to construct a three-lane typical road section (two through lanes and a center turn lane) from SR 1182 (East College Road) to the CSX rail line. North of the raiIroad, a two-lane typical road section is proposed. Project conshuction includes several new location culverts. The length of the project is approximately 2.6 miles. The Corps is issuing this permit in response to your written request of August 17, 2016, and the ensuing admiuistrative recard. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, yon should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modiffed. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violafion o£ Federal law. Cert�in significant conditions require that: a. You must camplete eonstruction before December 31, 2021. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this o�ce to make period'ac visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. Printed on � Recycled Papef -a- d. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington Disirict, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorparated as special conditions of this permit authorization. You should address all questions regarding this authorization to Kyle Barnes at the WashingCon Regulatory Field Office, telephone (910) 251-4584. �� Enclosures cc w/encls (via email): Sincerely, �� Kevin . Landers, Sr. Colonel, U.S. Army District Commander Gary Jordan—U.S. Fish and Wildlife Service Dr. Cynthia Van Der Wiele—U.S: Environmental Protection Agency Amy Chapman—NC DEQ —Aivision of Water Resources Travis Wilson—NC WildlifaResources Commission Prinled on � Racycled Paper DEPARTMENT OF THE ARMY PERMIT Permittee North Carolina Pepatfinent of Transportation (NCDOT) Attn: Mr. Philip S Harris III 1020 Branch Ridge Drive Raleigh, North Carolina 27610 PermitNo. SAW-2016-01671 �ssuing office CESAW-RGWashington NOTE: The term "you" and its derivarives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appxopriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The applicant proposes to construct a three-lane typical section (two through lanes and a center turn lane} from SR 1182 (East College Road) to the CSX rail line. North of the railroad, a two-tane typioal section is proposed. Twelve- foot lanes and eight-foot grassed shoulders (four-foot paved) will be provided. Project construction includes several new location culverts. Total permanent impacts az•e 1.31-acres of wetlands and 2701inear feet of streams. Tota] temporary impacts are 0.02-acre of wetlands, hand-clearing of 0.05-acre of weHand, and 37 linear feet of sheam channel. The length of the project is approximately 2.6 miles and is identified as TIP R-3826. ProjectLocation: The site location follows a new alignment from SR 1182 (East College Road) southwest of the town of Williamston to NC 125 northwest of Williamston, in Martin County, North Carolina. Permit Conditions: ' General Condilions: 1. The time limif for completing the work authorized ends on December 31, 2021. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain tlie activity authorized by tliis permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith tr•ansfer to a third parry in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith hansfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown ]ustoric or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and fof ward a copy of the permit to this office to validate the hansfer of this authoiization, 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspecf the authorized activity at any time deemed necessary to ensure that it is beiixg or has been accomplished in accordance with the terms and condirions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: O Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( X) Section 404 of the Clean Water Act (33 U.S.C. 1344). O Section 103 of the Marine Protecrion, Research and Sanc[uaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization, a. This pe�mit does not obviate the need to obtain other Federal, state, or bcal authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This peimit does not authorize any injury to the property or rights oFothers. d. This permit does not authoiize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the pe�mitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other pe�mitted or unpermitted activities or slructures caused by the activily authorized by this pei7nit. d. Design or construction deficie�cies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on ApplicanPs Data: The determination ofthis office that issuance ofthis permit is not contrary to the public interest was made in reliance on the information you provided. 5, Reevalua[ion of Permit Decision. This office may reevaluate its decision on this permit a[ any time the circumstances warrant. Circumstances that could require a reeval�ation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the origina] public interest decision. Such a reevaluation may result in a detenuination that it is appropriate to use the suspension, modification, and revocation procedm•es containad in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your pe�mit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by cont�•aot or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps wi(l normally give favorable consideration to a request for an extension oFthis time limit. Yom� signature below, as pennittee, indicates that you accept and agree to comply with the terms and conditions of this permit. � � �Z-U6- �� �, f Philip S. Harris !!I, NCDOT (DATE) This permit bewmes effective when the Federa] official, designated to act for the Secretazy of the Army, has signed below. ' ) �' `�� C/(L� d/�C ZO/% Kevin P. Lar �lers Sr., Calonel, U5Aru�,7�, Distrrct Commander (DATE) When the structures or work authoxized by this peimit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the propeMy. To validate the transfer of tlus permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. ('L'R�INSFEREE) (DATE) "[1.5. GOVEItNMENT PRIN77NG OFFICE: 1986 - 717-425 NOTIFICATION OF ADIVIINISTRATIVL APPEAL OPTIONS AND PROC�SS AND REQUEST POR APPEAL A licant: Mr. Phili S. Harris NCDOT rile Number: SAW-2016-01617 Date: December 6 2016 Attached is: See Section below � INi i'IAL PROFFEI2ED PERMIT Standard Permit or Letter of ermission A ❑ PROFFERED PERIVIIT Standard Permit or Letter af ermission B ❑ PERMTT D�NIAL C ❑ APPROVI�:DJURISDICTIONALD�TEIiNIINATION D ❑ PI2�LINIINARY JURISDICTIONAL DETERMINATION E SECTION I- Tl�e following identifies your riglits and options regard'uig an administrative appeal ofthe above decisiou. AdditionaLinformation may be found at http•//www usace armv mil/ineUfunctions/cw/cecwo/reQ or Co s re ulations at 33 CFR Pait33 L A: INITIAL PROFFERED P�RMIT: You may accept or object to 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 wa�k is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its eutirety, and waive all rights to appeal the peimit, 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 tlie permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer withiu 60 days of the date of this notice, or you will foifeit 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 tl�e pennit l�aving determined that the permit should be issued as previously written. After evaluating your 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 tl�e permit document and retu�n it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your wark is authorized. Your signature on the Standard Permit or acoeptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and couditions, 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 conditiovs therein, you may appeal the decliued 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: PERMIT DEMAL: You may appeal the denial of a pe�7nit under the Corps of Engineers Admiuistrative Appeal Process by completing Section II of this form aud 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 JiJRISDICTIONAL 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 tliat you accept the approved ID in its enrirety, 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 wmpleting Section II ofthis form azid sending the fonn to the district engineer. This form must be received by the division engineer witlun 60 days of the date ofthis notice. E: PRELII�IINARY JURISDICTIONAL DETERMINATION: 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 district for furtl�er instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II- REQUEST FOR APPEAL or OBJECTIONS TO AN II�ITIAL PROFFERED PERMIT 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 form to clarify where your reasons or objections are addressed in the administrative 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 informatiov 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 COIVTACT FOR QUESTI.ONS.OR INFORMATION: , If you have questious regarding tliis decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatoiy Division, Mr. Jason Steele, Administrative Appeal Review Off'icer Atfi: Mr. Kyle Barnes CESAD-PDO 2407 West S�h Street U.S. Army Corps of Engineers, South Atlantic Division Washington, No��th Carolina 27889 60 Forsyth Street, Room l OM15 910-251-4584 Atlavta, Georgia 30303-8801 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 wvduct iuvestigations of the project site during the course of the appeal process. You will be provided a 15 da notice of any site investi ation, and will have the o orkunit 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 �ngineer, Wilmington Regulatory Division, Attn: Mr. Kvle Barnes, 2407 West 5�' Street, Washington, North Carolina 27889 For Permit denials, Proffered Permits and approved Jm•isdictional Determinations send this form to: Division �ngineer, Commander, U.S. Army Engineer Division, South Atlantic, AtM: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Fm•syth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Pl�one: (404) 562-5137 SPECIAL CONDITIONS Action I.D. # SAW-2016-01671; NCDOT TIP No. R-3826; construction of the NC 125 Williamston Bypass from SR 1182 (East College Road) southwest of Williamston to NC 125 northwest of Williamston, Martin County, North Carolina. WORK LIMITS 1. CONSTRUCTION PLANS: All work authorized by this permit must be performed in shict compliance with the plans that were attached to the application submitted on August 11, 2016 and received by the US Aimy Corps of Engineers (USACE) on August 17, 2016. Any modification to these plans must be approved by the US Aimy Corps of Engineers (USACE) prior to implementation. 2. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authm�ize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with tlus project. 3. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this permit, no excavation, iill ar mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. DEVIATION FROM PERMITTED PLANS: Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in the consttuction or maintenance of this project, within waters or wetlands, or shall any activities take place that cause the degradation of waters or wetlands. There shall be no excavation fi•om, waste disposal into, or degradation of, jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit, including appropriate compensatoiy mitigation. This prohibition applies to all boirow and fill activities connected with this project. In addition, except as speci�ied in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any flme in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within, into, or out of waters or wetlands or to reduce the reach of waters or wetlands. 5. BORROW AND WASTE: To ensure that all boi7•ow and waste activities occur on high ground and do not result in the degradation of adjacent waters and wetlands, except as authorized by this permit, the permittee shall require its contractors and/ar agents to identify all areas to be used to bonow material or to dispose of dredged, fill or waste material. The permittee shall provide the Coips of Engineers with appropriate maps indicating the locations of proposed borrow or waste sites as soon as such information is available. The permittee will coordinate Special Conditions Action I.D. # SAW-2016-01671; NCDOT TIP No. R-3826 with the Corps of Engineers before approving any boirow or waste sites that are within 400 feet of any stream or wetland. All jurisdictional wetland delineations on borrow and waste areas shall be verified by the Corps of Engineers and shown on the approved reclamation plans. The peimittee shall ensure that all such areas comply with Special Condition 4 of this permit and shall require and maintain documentation of the location and characteristics of all bon•ow and disposal sites associated with this project. This documentation will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance with Special Condition 4. All infarmation will be available to the Corps of Engineers upon request. The peirnittee shall require its contractors to complete and execute reclamarion plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the complefion of the reclamation work. 6. PRECONSTRUCTION M��TING: The permittee shall schedule and attend a preconstivction meeting between its representatives, the contractors representatives, and the Corps of Engineers, Washington Regulatory Field Office, NCDOT Regulatory Project Manager, prior to any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all the terms and conditions contained with this Department of Army Permit. The permittee shall provide the USACE, Washington Regulatory Field Office, NCDOT Project Manager, with a copy of the final permit plans at least two weeks prior to the preconshuction meeting along with a description of any changes that have been made to the projecYs design, construction methodology or construction timeframe. The permittee shall schedule the preconstruction meeting for a time frame when the Corps and NCDWQ Project Managers can attend. The permittee shall provide the Corps and NCDWQ Project Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedules and paiticipate in the required meeting. RELATED LAWS 7. SEDIMENTATION/EROSION CONTROL PLAN: a.) Dw•ing the clearing phase of the project, heavy equipment must not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be conshucted of non-erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. b.) No fill or excavation unpacts for the purposes of sedimentation and erosion control shall occur withiu jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and specifically authorized by this permit. Special Conditions Action I.D. # SAW-2016-01671; NCDOT TIP No. R-3826 c.) The permittee shall remove all sed'unent and erosion control measures placed in wetlands or waters, and shall restore natm�al grades on those areas, prior to proj ect completion. d.) The permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to assure compliance with the appropriate turbidity water quality standard. Erosion and sediment conhol practices must be in fixll compliance with all specifications govetning the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance ar the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects ofthe Sed'vnentation Pollution Control Act of 1973 (North Carolina Genera] Statutes Chapter 113A Ai4icle 4). Adequate sedimentation and erosion control measures must be implemented prior to any ground disturbing activities to rninimize impacts to downstream aquatic resources. These measures must be inspected and mainYained regularly, especially following rainfall events. All fill mateiial must be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. 8. WATER CON'TAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands fi•om fuels, lubricants, hydraulic fluids, ar other foxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 707-8787 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Contro] Act will be followed. PROJECT MAINTENANCE 9. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee sha11 advise the Corps in writing prior to beginning the wark authorized by this peirnit and again upon completion of the wark authorized by this perxnit. 10. CLEAN FILL: Unless otherwise authorized by this perrnit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. 11. PERMIT DISTI2IBUTION: The permittee shall require its contractors and/or agents to comply with the terms and condirions of this permit in the construction and maintenance of this project, and sha11 provide each of its contractors and/or agents associated with the construction or Special Conditions Action I.D. # SAW-2016-01671; NCDOT TIP No. R-3826 maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during constnxcflon and maintenance of this project. 12. SILT-FENCING: The pernuttee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. Measures shall be completely removed upon project completion. 13. PERMIT REVOCAT`ION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the wark will, without expense to the United States and in such time and manner as the Secretary of the Army or his autharized representative may direct, restore the water or wetland to its pre-project condition. 14. EROSION CONTROL MEASURES IN VVETLANDS: The pernuttee shall remove all sediment and erosion control measares placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. 15. TEMPORARY DISCIIARGES: Temporary discharge of excavated or fill materia] into wetlands and waters of the United States will be for the absolute minimum period of time necessary to accomplish the work. All authorized temporary wetland, sh•eam, and h•ibutaiy impacts will be returned to pre-disturbance grade and contoLu, and re-vegetated. ENFORC�MENT 16. R�PORTING ADDRESS: All reports, documentation and con•espondence required by the conditions ofthis permit shall be submitted to the following address: U.S. Atrny Corps of Engineers, Regulatory Division, Washington Regulatory Field Office, c/o Ms. Tracey Wheeler 2407 West Sth Street, Washington , North Carolina 27889, and by telephone at: 91�-251-4627. The Permittee shall reference the following permit number, SAW-2016-01671 on all submittals. 17. REPORTING VIOLATIONS OF THE CL�AN WATER ACT AND RIVERS AND IIARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean Water Act must be reparted in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the discovety of the violation. 18. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the worlc for compliance with these conditions. Deviations frorn these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. Special Conditions Action LD. # SAW-2016-01671; NCDOT TIP No. R-3826 COMP�NSATORY MITIGATION 19. North Carolina Division of Mitigation Services (NCDMS) In-Lieu Fee program: In order to compensate for impacts associated with this pernut, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigarion Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incoiporated as special conditions of tlus permit authorization. 20. The permittee shall take measures to prevent live or fi•esh concrete, including bags of uncured concrete, fi�om coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). 21. CULVERTS: For consttuction of culvei�ts, measures will be included in the construction that will promote the safe passage of fish and other aquatic organisms. For all culvert conshuction activities, the dimension, pattern, and proiile of the stream, (above and below a pipe ar culvei�t), should not be modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts will be baried at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the sh•eam to a depth equal to or greater than 20 percent of the diameter of the culvert. 22. NOTE: All utility work perfoimed under a non-reporting Nationwide Permit 12 (N WP 12 - Utility Lines) associated with this project is subject to all applicable terms and conditions of the N WP 12 and Wilmington District Regional Conditions. Failure to institute and carry out the details of special conditions 1-22, may result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with TIP No. R-3826, or such other remedy as the District Engineer or his authorized representatives may seek. �a '�;-; ;; , , ,`.3 1;':) 6nvironmen tal QUQ��C�/ Mr. Philip S, H�rris, III, P.G., CPM Nattual Environment Section Hcad Project Development and L'nvironmental Anelysis North Carolina Deparlment of Trans�o�iation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 PAT MCCRORY (iovernnr DONALD R. VAN DER VAART Secretary JAY 7_IMM�RMAN D\VR Direclor November 28, 2016 Subjech 401 Wnter Qualiry Cerlificntion Pursuant ro Section 401 oPthc Feder�l Clc�n Water Act with ADUITIONAL CONDITIONS for proposed construction of the NC 125 Wllliamston By��nss from SR I 182 south�vest of Williamston to NC 125 norlhwest of Willi�mston in Martin County, TIP R-382G. NCD W R Project No. 201 G0787 Dear Mr. I l�n is: Att�ched lierclo is a copy of Certification No.00407G issued to The Nm•th Carolina Deparement of Trnnsportetion (NCDOT) daled November 28, 201G. If we can be of Turtlier assistnnce, Ao not hesiMte to contect us. Sincerely, � � ����� S. Jay Ziminarman, Director Division of Water Resources Attachments Glectronic copy only distribution: Kyle Barnes, US Army Corps of Engineers, Wnshington Pield O�cc Clny Willis, Division I Environment�l Officcr Rodger Rochclle, NC Dcparunen[ of Tr�nsporlation Chris Rivenbark, NC Department of Trnnsporintion Dr. Cynthin Van Dcr Wiele, US Gnvironment�l Protection Agency GaryJordnn, US �ish �iid Wildlife Service Travis Wilson, NC Wildlife Resoarces Conunission Beth Hannon, Division of Mitigation Services G�rcy W�rd, NC Divisiou of Water Resources W�shington Regional Office ! i lc Copy ""Nr,thi�q C:nmpare� "- Slalc ol'Nonh Cnralina I F.nvimmnenlnl Qanlily I GI I Mnil Scrcicc Cenlcr � Italrigh, Norlh Ovolina 27G99-IG I I 919�707-9000 401 Water Quality CertiGcation Pursuant to Section 401 of the rederal Clean Water Act, �vith ADDITIONAL CONDITIONS TH15 CERTIFICATION is issued in conformity with the reqnirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject ro the Noi�th Carolina Division oF Water Resources (NCD WR) Regulations in I S NCAC 2H ,0500. This certification zuthorizes tlte NCDOT to itnpact 1,38 acres ofjurisdictional wetlands, and 307 linear feet ofjurisdictional sheams in Martin Connly. The project shall be construcked pursuant to the application dated received August t I, 2016. The authorized impacts are as described Uelow: Stream Im acts tn the Roanoke River liasin Permanent Fill in Temporary Fill In Total Stream Stream Impacts Site Perennial5tream Perennial Streem Impact Requiring (linear f't) (linear ft) (linear ft) Mitigation (linear ft) 2-culveM I&0 37 2I7 180 2- bank 90 -- 90 90 stabilization Total Z�0 37 307 270 Site Type Fill (ac) 1 riverine 0.56 2 riverine 0.5G Total � I 1.12 -�otn� sn•eam impac� ror rro�ecr. avi unear roc� Wetland Ln aets in the Ronnoke River Basin ['ill Mechanized Hand (femporary) Extavation Llearing Clearing Total Wetland (ac) �ae) (ac) ���� ImPact (ac) 0.02 0.02 -- 0.12 -- -- 0.07 0.05 -- 0.19 0.05 Total Wetland Impaet far Pruject: 1.38 ncres. 0.68 0.7 L38 Impacts Requiring Mitigation (ac) 0.68 0.G3 1,31 The application provides adequate assurance tUat the discharge of fill material into the wateis and wetlands of tha Roanoke River Basin in conjunction with the proposed development will not resWt in a violation af applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate lhe applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter sat forth, Tliis approval is only valid for the puryose and design that you submitted in your application dated received August 1 I, 2016, Should your project change, you are required to notify the NCDWR and submit a new application. If the prope�4y is sold, the new owner must be given a copy of this Certification and appraval letter, and is thereby t•esponsible for complying with all the conditions, If any additional wetland impacts, or stream impaets, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigafion may be required as described in ISA NCAC 2H ,0506 (h) (6) Tnd (7). For this approval to remein valid, you are required ro compty with all the conditions listed below. In addition, you should obtain all other federal, st�te or local permits befare proceeding with your project including (but not Iimited to) Sediment and Erosion cantrol, Coastal Stormwater, Non-discharge and Water Supply watershad regulations. This CertiPication shall expire on the same day as the expii�ation date of the corresponding Corps of Engineers Permit. Condition(s) of Certi�cation: 1. Compensatory mitigation for 270 linear feet of impact to streams is required. We tmderstand that you have chosen to perform compensatory mitigation for impacts to streams ihrough the NortU Carolina Division of Mitigation Service (DMS) (formedyNCEEP), and that the DMS has agreed to implement the mitigation for the project. The �MS has indicated in a Ietter dated July 6, 2016, that they will assume responsibility for satisfying tUe federal Clean Water Act compensatoxy mitigation requirements for the above-referenced project, in accordance with the DMS Mitigation Banking Insirument signed July 28, , 2010. 2. Compensatory mitigation for impacts to 1.31 acres oFriverine wetlands is required. We understand that you have chosen to perform compensarory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly 7QCEEP), and that the DMS has agreed to implement the mitigation for thc project. DMS Iras indicated in a letter dated July 6, 2016 that they will assume responsiUility for satisfying the fedaral Clean Water Act compensatory mitigation requirements for the aboveaeferenced project, in accordance with DMS's Mitigation Banking InsU-umant signed July 28, 2010, 3. The issuance of tltis ceitification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 4. Tfie Permittee shall ensure tliat the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [15A NCAC 02H .0507 (c) and I SA NCAC 02H .OSOb (b)(2) and (c)(2)] 5. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, 'v�eluding all non-commercial borrow and wuste sites associatad with the project, shall be clearly marked by highly visible fencing priar to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otl�e»vise ai�tliorized by this certification. [I SA NCAC 02H.0501 and .0502] 6. During the construc[ion of the project, no staging of equipment af any kind is permitted in waters of the U.S, or protected riparian biiffers. [15A NCAC 02H,0506(b)(2)] 7. Heavy equipment shall be operated from the banks rather than in the stream channel in oider to minimize sedimentation and reduce the introduction of otlier pollu[ants into ihe stream. [I SA NCAC 02H.0506(b)(?)] 8. All mechanized equipment operated near surface waters must be regularly inspected and maintained m prevent contamination of stream waters from fiiels, lubricants, hydraulic fluids, or other toxic materials. [ISANCAC 02H.0506(b)(3)J 9. No rock, sand or other materials shall be dredged from the sheam channel except where authorized by this certificatioi�. [15A NCAC 02H.0506(b)(3)] 10. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot fnr aIl culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter fm culverts having a diameter less than 48 inches, to allow low Flow passage of water and aquatic life. Design and placement of culverts snd other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downsheam of tlie above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during constn�ction, please contact NCDWR for guidance on how to proceed and to determine wliether or not a permit modification will be required [ISA NCAC 02H2OSOG{b)(2)] 11. Pipes and culveds used exclusively to maintain equilibriwn in wetlands, where aquatic life passage is not a concern, shal I not Ue buried. These pipes shall be installed at namral ground elevation. 12. [f mul[ipla pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flnod plain elevation andlor sills where appropriate. W idening the stream channel should be avoided. Stream channel widening at tha inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance aud disrupts aquatic life passuge. [15A NCAC 02H.0506(N)(2)] 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other dive�sion sGuctures shall he used to prevent excavation in flowing water. [i5A NCAC 02H.0506(b)(3) and (c)(3)] t4, If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters duc to the potential for elevated pH and possible aquatic life and �sh kills. [ I SA NCAC 026.0200] 15. The dimension, pattern and profife of the stream above and below the crossing shall not he modified. Disturbed floodplains and sireams shall be restored to natural geomorphic conditions. [ISA NCAC 02H.0506(b)(2)] I6. The use of rip-raU above the Normal High Water Mark shall be rninimizcd. Any rip-rap placed for stream stabilization shall not be placed in the active thalweg channel or placed in the streambad in a manner that precludes aquatic life passage. (15A NCAC 02H.0506(b)(2)] 17. Any rip-rap used for stream stabilization shall be of a size and density so as not to be abla to be oarried off by wave, wrrent action, or stream flows and consist of dean rock or masonry material free of debris or toxic pollutants. All rip-rap shall be buried and/or keyed in such that the oPiginal stream elevation and streambank contours are restored and meintained. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downsfream of the area. [15A NCAC 02H.0506(b)(2)] 18. Erosion and sediment control prackices must be in Full compliznce with all specifications gaverning the proper design, installation and operation and maintenance of such Best Management Practiees in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the Na•di Carolina Sediment ai�d Erosion Contro( P(anning nnd Design Manual. b. The design, installation, operation, and maintenance of the sediment nnd erosion control measares must be such ihat thay equal, or exceed, the requirements specified in the most recent versio� ofthe Nar/h Cnro(ina Sedime�zf and Erosion Conn•o! A9antrnl. The devices sltall be maintained on all construction sites, borrow sites, and waste pile (spoil) prujects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pi[ sites, the erosion and sediment control meusures must be designed, installed, operated, and maintained in accordance with the most recent version of tha Nor1h Carolina St�rjace Mining Manual. d. The reclamation measures and implementation must eomply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 19. Erosion control matting in riparian areas shall not contain a nylon mesh grid which cnn impinge and entrap smull animals. Matting should 6e secured in place by staples, stakes, or wherever possiUle live stakes of native trees. Riparian areas are defined as a distance 25 feet from rop of stream bank. [ISA NCAC 028.0224,.0225] 20. Sedimen[ and erosion control measw•es shall not be placed in wetlnnds or waters Lmless otherevise approved by this Certificatioa [ISA NCAC 02H.0506(b)(3) and (c)(3)] 21. All sediment and erosion control de�ices s6all be removed and the natural grade restored within lwo (2) months of the date the Division of Land Resources (DLR) or bcally delegated program has released the specific area within tha projeck [l5A NCAC 02H.0506(b)(3) and (c)(3)] 22. The NoMh Carolina Department of Transportation (NCDOT) shall be required to be in ful( compliance with the conditions related ro conshuction nctivities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 23. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated wilh this permit withont appropriate modification. Should waste or borrow sites, or acaess roacis to waste or borrow sites, be located in wetlaitds or streatns, compensatory mitigation will be required since that is a direct impact from road eonstruction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 24, Native riparian vegetation must be reestablished in the riparian areas within the cmistruction limits of tha project by the end of the growin� season following completion of construction. [ l5A NCAC 028.0506(b)(2)] 25. Discharging liydroseed mixtures and washing out hydroseeders and other eqnipment in or adjacent to surfaca watars is prohibited. [15A NCAC 02H.0506(b)(3)] 26. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting fram compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. Ifthe NCDWR determines that such standards or laws u•e not being met (including the fTilnre to sustain a designated or achieved use) ar that State or federal law is being violated, or thaz further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [I SA NCAC 028.0200] 27, The Aermittee sha11 report any violations of this cartification to [he Division of Water Resources �vithin 24 hours of discovery. [15A NCAC 02B.0506(b)(2}] 28. Upon completion of the project (including any impacts at associated borrow or waste sites), tlie NCDOT Division Engineer shall complete and return the enclosed "Certification of Comple[ion Form" to noti£y the NCD WR when all work included in the 40l Certification has been completed. [15A NCAC 02H.0502(�] 29. A copy of this Water Quality Certificution shall be maintained on the constmction site at all times. In addition, the Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer and the on-site project manager. [15A NCAC OZH .0507(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)] V iolations of any condifion herein set forth may result in revocation of this Certification and may result in criminal and(or civil penalties. This Certification sliall become null and void imless the above conditions are made conditions of the Federal 0.04 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must Pile the petition with the office of Administrative Hearings within sixty (60) days of reoeipt of this notice. A petition is considered filed wl�en it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hea�•ings accepts filings Monday [hrough Friday betwaen the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one ( l) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided t1Te original end one copy of tl�e document is recefved by the OPtice of Administrative Hearings within flve (5) business days following the faxed trnnsmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mt�il Service Center Raleigh, NC 2T699•6714 Ttlephone: (419) 431-300Q Facsint(le: (919) 43 (-3100 A copy of Ihe petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Comisel Depaiiment of Environnrentnl Quality IG01 Mail Service Canter This the 28t1� dny of November 2016 DIVISION OF WATER RESOURCES C� �;/� l�/.�,,,�� �', S. Jay Zimmerman, Qirector WQC No. 004076 �Y+�� � : �� , � i .� Mif , Envlronmental Q!lQ��C}� NCDWR Project No.: Applicant: Projcct Namc: Dnfe of Issuauce of 401 W�ter Quality Certilicatlon: County: PA"I' MCCRORY Gavcrnor DONALD R. VAN DCR VAART Secrotnry JAY ZIMMERMAN DWR Direclnr Ccrtificate of Completion Upon completion of all work npproved �vithin the 401 WTter Qunlity Certificatimi or applicable Buffer Rides, nnd any subsequent modiFlc�tions, the npplicnnt is required to return this certificate to the 401 Transportntion Pennitting Unit, Na�th Cnrolina ➢ivision oFWater Resources, 1G17 Mail Service Centcr, Raleigh, NC, 27699•1617. This form may be returned to NCDWR by the applicanl, the applicant's authorized agcnt, m• the project engincer. II is not necessary to send certificztes from all of these. �rn���«„rs Cerllficatiou 1, , hereby stnte that, ro the best of my aUilities, due care and diligence was «sed in the observation of the construction such that the construction was observed to be built within snbstantial compliancc and intent of tBe 401 Water Quality Certification and 6uffcr Rulcs, llie approved pinns and specifications, and other sup��orting m�terials. Signature: Dntc: �ge�iYs Cerlifrcntion I, , hereby state Ihnt, ro �he best of my abilities, due c�re and diligence was used in the observation of the consuuction such ihat pic conshuctiou �vas observed to be built within substantial compliance and intent of the 401 Water Quality Certificatimi and Buffer Rules, the approved plans nnd specifications, and other supporfing mnterials. Signnture: Gnglneer's Cerl1,/Icntlou Partinl �inal 1, , ns 2 didy registered Professional Engineer in the St�te ofNorth C�rolina, having becn authorized ro observe (periodic�Ily, �veekly, full time) the conshuction of the project,for the Perinittee hereby slate Ih��, to the best of iiiy abilitics, duc cme and diligence �vns used in Ihc obscrvation of the construction such that the conshuction was observed ro bc built �vithin subsiantiel wmpliauce and intent of the 401 Water Quality Certificntion ancl I3uffer Rides, lhe approveA plans end specific�tions, and other supportiug nnteri�ls. Signattu•e �: ) � .yl�.s4 6.�F� �. S RegishalionNo. Date . �.Nothing C:rn'npara� �._ � Slatc ol'Nnnh Cnrolinn I Gnvironmcnlnl Qunliry, IGI I A1nil Scrvicc Ccnlcr � Raleigh, nonh Carolina 27G99-IGI I 919-707A000 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatorv Miti�ation Responsibilitv Transfer Form Permittee: Mr. Philip S. Harris III/NCDOT Action ID: SAW-2016-01671 Project Name: R3826 County: Martin 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 wlll then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibllity 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/orthe 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 toSponsor: The Sponsor mustverify 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 paymentfrom the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy ofthe 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: 0301( Stream Impacts (linearfeet) Wetland Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 180 1.31 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Stream Warm 360 Cold HUC and Basin: 03010107, Roanoke River 8asin Wetland.Mitieation (creditsl 3n Riverine � Riparian Non-Riverine 2.62 � Coastal MitigationSiteDebited: Nc'JM,( (List the name of the ban k to be debited. For um brella ban ks, also list the specific site. For NCDMS, list NCDMS. If the N CDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to Be completed by the Mitiqatlon 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 responsi6ility 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 credlts (and/or advance credits for NCDMS), as approved by the USACE, are currently availa6le 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 wiCh the mitigation requirements. Mitigation Sponsor Name of Sponsor's Authorized Signature af Date 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 (n 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 forthe mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for provlding 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. CommentsJAdditional Conditions: This form is not valid unless signed 6elow by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsorshould provide copies of this form along with an updated bank ledger to:1J the Permittee, 2J the USACE Project Manager at the address below, and 3J the Wilmington District MRigatiort Office, Attn: Todd Tugwell, 3331 Heritage Trade Orive, Suite SOS, Wake Forest, NC 27587 (emaiL• fadd.j.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. Kyle Barnes USACE Field Office: Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth SCreet Washington, NC 27889 Email: BARNES.KYLE.WILLIA op��°°gs'o°�SbGa��mekY`oW�a'po�3PK°3539� M.1388035397 Date2016]2WN9:� 8A5'OOIAM.136803539J USACE Project Manager Signature December 1, 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 sYream temperature and wetland groupings) is available at http://ribits.usace.armv.mil. Page 2 of 2 The Wilmington �is[rict is mmmitted to providing the highest level of support [o the pu611u To help us ensure we continue [o do so, please complete the Customer Satisfaction Survey loca[ed at our websi[e a[ htto://reeulatorv.usacesurvev.com/ to complete the survey online.