HomeMy WebLinkAbout20131291 Ver 1_USACE Permit_20170810Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
Action ID: SAW -2012-00058
August 7, 2017
Ms. Erin Shanaberger
Charlotte -Mecklenburg Storm Water Services
600 East Fourth Street
Charlotte, North. Carolina, 28202
Dear Ms. Shanaberger:
Please reference the Department of the Army permit issued on May 5, 2014 for the
Prosperity Ridge Road connector project, which connects two segments of Prosperity Ridge
Road, beginning approximately 0.1 acres northwest of where Prosperity Ridge Road
intersections Ridge Road in Charlotte, Mecklenburg County, North Carolina. The May 5, 2014
permit authorized the permanent impact to 448 if of stream channel and 0.24 acres of wetlands.
Please additionally reference your June 15, 2017 letter requesting a permit modification for an
additional culvert length that will result in the additional impact to 41f of stream channel.
After review of the file and the modification request we have determined that the proposed
changes to the permit are minor, and that a supplemental public notice is not necessary.
Accordingly your permit is hereby modified and a copy of the modified plans are enclosed.
The total impacts authorized by the original permit and this modification include the
permanent impact to 452 if of stream channel and 0.24 acres of wetlands.
Mitigation for the additional impact will be required at a 2:1 ratio via payment to the City of
Charlotte's Umbrella Bank, Upper Stoney Mitigation Site. Please note Special Condition "p"
from the May 5, 2014 permit regarding mitigation which states as follows: "In order to
compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer From. The requirements of this form, including any special conditions
listed on this form, are hereby incorporated as special conditions of this permit authorization."
This condition is still applicable, and a revised Mitigation Responsibility Transfer Form is
enclosed. Mitigation for impacts from the May 5, 2017 permit has already been completed so the
enclosed Mitigation Responsibility Transfer From is for the new impacts authorized by this
modification only.
-2 -
It is understood that all other conditions of the original permit remain applicable.
If you have questions, please contact Crystal Amschler of the Asheville Regulatory Field
Office, at telephone 828-271-7980, extension 4231.
Sincerely,
I l
Crystal C. mschler
Project Manager
Asheville Regulatory Field Office
Enclosures
cc:
USEPA — Region 4
Wetlands Regulatory Section
Sam Nunn Atlanta Federal Center
Attn: Mr. Todd Bowers
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
US Fish and Wildlife Service
Asheville Ecological Services Field Office
Attn: Byron Hampstead
160 Zillicoa Street
Asheville, NC 28801-1082
Habitat Conservation Division - Atlantic Branch
NOAA Fisheries Service
Attn: Dr. Ken Riley
101 Pivers Island Road
Beaufort, North Carolina 28516
North Carolina Department of Environmental Quality
Division of Coastal Management
Mr. Doug Huggett
400 Commerce Avenue
Morehead City, North Carolina 28557
National Marine Fisheries Service
Attn: Dr. Pace Wilber
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
North Carolina Department of
Environmental Quality
Division of Water Resources
Central Office
Attn: Ms. Karen Higgins
401 and Buffer Permitting Unit
1617 Mail Service Center,
Raleigh, North Carolina 27699-1617
ARMY CORPS ENGINEERS
Wilmington
LoKS14A W J r • • • i' • •
Permittee: CMSWS, Ms. Erin Shanaberger
Action ID: SAW -2012-00058
Project Name: Prosperity Ridge Road Connector County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03040105 yadki R' B
n Iver o,,,,
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool
Cold Riparian Riverine
I Riparian Non-Riverine Non -Riparian
Coastal
4
8
-11U1 e Ll 11311 U1Ic iiiiusauon sponsor Will oe usea tor the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Reauirements: R-dicit Hi Ira„d Ancin- n2nnnl nc: v.,A]A:
Stream Mitigation (credits) WetlandMitigation (credits)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian Coastal
8
Mitigation Site Debited:_ CMSWS, Upper Stoney
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
® Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
o Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
® Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
lb If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC 27587 (email: todd.tugweli@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: Crystal Amschler
USACE Field Office: Asheville Regulatory Field Office
Email:
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
USACE Project Manager Signature
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
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