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.