20150931 Ver 4_USACE Correspondence_20170628

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
June 23, 2017
Regulatory Division
Action ID No.: SAW-2012-00156
North Cazolina Department of Transportation,
Project Development and Environmental Analysis Unit
Attn: Mr. Plulip S. Harris III, P.E,
1548 Mail Service Center
Raleigh, North Cazolina 27699-1598
Dear Mr. Harris:
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JUN 2 8 2017
�nno�+a��
Please reference the Depaztment of the Arrny permit issued on January 28, 2016 and the
permit modificarions issued May 20, 2016 and November 24, 2016 for the I-77 High Occupancy
Toll (HO� lanes project (TIP #s I5405, I4750AA and I3311 C) which starts north of NC I50 in
Iredell County and continues south along I-77, deviating from I77 at the I-277 interchange and
following I-277 to terminate at North Brevazd Street in Charlotte, Mecklenburg County, Norfh
Cazolina. The January 28, 2016 permit authorized final impacts far the Central Section of the
project and preliminary impacts for the South and Nor[h Sections. T'he May 20, 2016 permit
modification authorized the final impacts for the North Section and the November 24, 2016
permit modification authorizeci the final impacts for the South Section. Total impacts authorized
include the permanent impact to 4,1621inear feet of stream channel (of which 2251ineaz feet is
bank stabilization), <0.01 acre of wefland, and <0.01 acre of open water. Temporary impacts
include impacts to 4911ineaz feet of stream channel, 0.1 acre of wetland, and 0.06 acres of open
water. Please additionally reference your May 19, 2017, letter requesting authorization for .
minor modificarions to the final permitted plans for the Central and South Sections. The
modifications will result in the following changes to previously pernutted impacts:
*Changes to impacts highlighted in yellow.

_2_
Total modified impacts for each section are shown below: .
Permanent Temporary Permanent Temporary '
Wetland Impact Wetfand Stream �mpac�X Stream 7mpacf
Im aci
Cenri-al <0,1 .46 404 � 491 �
North 0 0 50 298
South 0 0.17 1400 2368
Tofal <0.1 0.23 1854 3157
*Pex'naa�xent Stream Impact includes both permanent f�ll and permanent impact
After review of tYze fiIe and the modification request we have determined that the proposed
changes to the pei�nit are minor, and that a supplemental public notice is not necessary.
Accozdzngly your permii is hereby modified and a copy of the modified plans axe enclosed.
The total im�acts authorized by the January 28, 2016, permit the Ma� 20, 2016 and
the Navember 24, 2016 permrt znodifications and this modifica�ion include the permanent
inapacts to ].,8541inear feet of stream cb�annel (o�vvhich 2S81ineaz- feet is bank
stabilizaiion), <Q.OI acre of wetland, and <0.01 acre of open rvater. Temporary impacts
incIude 3,157 linear feet of stream channel, 0.23. acre of wetland, and 0.12 acres of open
vvater. �
The decrease of 61f of permane�t stxeatx� fill ixn.pacts �vithin the Cen�ral Section resulting
from this modification will require reduced compensatoxy mitigation at a 2:1 z•atio (mitigatioza to
zmpacts). In order to compensafie for impacts for this project, mitigation sha11 be provided by the
Division of Mitigation Seivices (DMS) in accordan.ce with the provisions outlined on the most
recent version of the attached Compensatory Mitigation Responsibility Transfer Fortrz. Tb.e
requirements of this forrn, including any special conditions listed on this form, are hereby
incozpoxated as special conditions of tlazs pezxnit autharization. Only mitigatio� for the Central
Section will be effected by this naodi�cation and mitigation requirements for the South and
North Seciion vvili remain the same. . �
It is understood ihat all other conditions of the origzn.al permit rexx�ain�applzcable. You
should address a]I questions z•egarding ihis authorization to Ms. Crystal Arnschler at the
Ash�ville Regulatory Field Off'ice, teleplaone [phone] extension 4231.
Sincerely,
. �c. � �-- . __-_�� --�--�..__.
I�evin P. Lan.dex•s, 5�:.
Colonel, U.�. Army
IDist�•ict Commander

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cc (with enclosures):
Mr. John Sullivan, III, PE
Division Adminisl�ator
FHWA — NC Divisian
310 New Bern Avenue, Suite 4l 0
Raleigh, North Carolina 27601
NOAA/Naiional Ocean Service
1315 East-west Hwy., Rm 7316
Silver Spring, Maryland 20910-3282
Mr. Fritz Rohde
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Ms. Amy S. Chapman
Transportation Peimitting Unit
NC Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Ms. Marla Charnbers ,
Wesiern Region Highway Project Coordinator
NCWRC
12275 Swift Road
Oakboro, North Carolina 28129
US Fish and Wi1dli�e Seivice
Asheville Ecological Services Field Off'ice
Attn: Marella Buncick
160 Zillicoa Street
Asheville, North Carolina 28801-1082
Mr. Todd Bowers .
Wetlands Protection Section — Region IV
Water Management Division
U.S. Environmental Proiection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

-4-
Dr. Pace Wilber
National Marine Fishexies Service ,
219 Foi�t Sol�nson Road
Charleston, South Carolina 29�12-9110
North Carolina Dept. of Environmental Quality
Division of Water Resoiirces
Tz•ansportation Pez•mitting Unii
Ms. Donna Hood
6I0 E. Center Ave, Ste 301.
Mooresville, North Carolina 28115
Western Region Environmental Program Supervisor II
Natural Environment Secrion
Project Deveiopznent and Environmental Analysis
NC Departtx�ent of Trazispo�tation
Attn: Ms. Carla Daguino �
1598 Mail Se�vice Center
Raleigh, North Carolina 27699 -1598 `
cc without enclosures
NC Department Of Transportation
Mr. Rager Rochell, P.B.,
Technical Seivices Adininistrator,
1516 Mail Service Center, .
Raleigh, North Carolina 27699-1516

Applicant: North Carolina Department Of File Number: SAW-2012-00156 Date: 5/19/2016
Transportation, Project Development and
Environmental Analysis Unit Attn: Mr. Philip S. Harris
III, P.E.
Attached is: See Section below
n INITIAL PROFFERED PERMIT (Standard Permit or Letter of permissionl A
PROFFERED PERMIT (Standard Permit or Letter of perm
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
:
�
0
�
TION I- The followmg identifies your rights and options regarding an administrative' appeal ofthe above decision. °
tional information may be fo..und at �:Uwww.usace.armyrnil/ineUfianctionslcw/cecwo/reg or :` .'
° � � � �.
n .,. , ., _ x
�s re�ulatioris at 33 GFR Part 331. �° " • °'
A: INITIAL PROFFERED PERMIT: 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 work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate ybur
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating 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 the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice. .
C: PERMIT DENIAL: You may appeal the denial of a 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.
D: APPROVED JURISDICTIONAL DETEItMINATION: You may accept or appeal the approved JD or provide new
information. ,
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form� and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY 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 further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION TI`- REQLTEST FOR APPEAL or OBJECTIONS TO AN INITIAL 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 information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division, CESAD-PDO
Attn: Crystal Amschler, Project Manager U.S. Army Corps of Engineers, South Atlantic Division
Asheville Regulatory Field Office 60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801 Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the o portunity to artici ate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ms. Crystal Amschler, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-
8801
Phone: [phone]

U.S. ARMY CORPS OF EIVGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation Action ID: SAW-SAW-2012-00156
Project Name: The I-77 High Occupancy Toll (HOT) County: Mecklenburg
lanes project (TIP #s I5405, I4750AA and I3311C) For Central Section
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requirin� Miti�ation* 8-digit HUC and Basin: 0305'0101, Catawba River Basin
Stream Impacts (linear feet
Warm Cool Cold Riparian Riverine Ri
179 .
Wetland Im
Non-Riverine I Non-Riparian I Coastal
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor
satory Mitigation Requirements:
Stream Mitigation (credits)
Warm Cool Cold
358
HUC and Basin: 03050101, Catawba River Basin
Wetland Mitigation (credits)
Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
Mitigation Site Debited: •
(List the name ofthe bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if�the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Mame of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 .Form Updated 12 September, 2014

USACE Wilmington Distrid
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for 7ransfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requiremen[s listed herein. For authorized impads conduded by the North
Carolina Department of Transportation (NCDOT), construction within jurisdic[ional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must abtain 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 Dis[rict guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is for the Central Section oniv. Seuarete forms for the Northern and Southern Sections will be oreoared
subseauent of the finalization of these plans and the modification of the permit.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor shou/d provJde topies of thls form a/ong with an updated bank ledger to: 3) the Cermittee,lJ the USACE
Vro%ed Manager at the address below, and 3J the Wilmington District Mitigation �ce, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (emaiL• todd.tugwell�Ausace.army.milJ. Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Crystal Amschler
USACE Field Offlce: Asheville Regulatory Field Office
Email:
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Click here to enter a date.
USACE Project Manager Signature Date of Signature
Current Wilmington Distrid mitigation guidance, including information on mitigation retios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at htto://ribits.usace.armv.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of suppon to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our we6site at htto://reaulatorv.usacesurvev.com/ to complete the survey online.