The URL can be used to link to this page

Home My WebLink About20131291 Ver 1_USACE Correspondence_20170822Regulatory 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 R.idge 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 4481f of stream channel and 0.24 acres of wetlands. Please additionally reference your June 15, 20171etter requesting a permit modification for an additional culvert length that will result in the additional impact to 4 lf of stream channel. After review of the file and the modification request we have determined that the proposed changes to the pertnit 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 sha11 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. FOR THE COMMANDER Sincerely, i�`- � '�� rystal C. schler 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 -3- 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 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatorv Miti�ation Responsibilitv Transfer Form Permittee: CMSWS, Ms. Erin Shanaberger Action ID: SAW-2012-00058 Pro�ect 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, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Stream Warm 8 uirements: Cool I Cold 8-digit HUC and Basin: 03040 Wetland M Yadkin River Basin Riverine � Riparian Non-Riverine � Non-Riparian � Coastal Mitigation Site Debited: CMSWS, Upper Stonev (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 of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Consfruction 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 thet 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 p.rovided 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 compfeted 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 IVlitigation Sponsor on Page 1. Once signed, the Sponsorshould provide copies of this form along with an updated bank ledger to:1) the Permittee, 2J the USACE Project Manager at the address below, and 3J the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Fal/s of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: 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 Ciick here ic� enier a c�aie. 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.armv.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://re�ulatorv.usacesurvev.com/ to complete the survey online. O r,.��xv'mocwn�s �c u]�W GL E51 �a oa xo a A 1 i �g 5p t �N Vlqa YAFA4LdIS liC i� IX LXWMFI � ��,m �M �.s rwv. :e u . � �1 v� i � �, . i ,. /� � i K �ri �° u^` /4�[0 / O9 HPL� M�4N� P�CP �e�AM+��.� `� � �m .-� � B � 09.W4iC d �l� � � ( / � I � � � � we4'K ��+w�� + .� �� /. ' / �j � � � y� � /, a �/� / i` � /�. /./j Y / �,U / . � � ,'f ., F a6s�H��•�4v �.�/ �f'/� ti ° l' . � . , ��.,` ` � � T �tiTaf a� �: Ep 5 \ ' OfR .0. IL ut �..u.�[ wc \. . .. 50N K=iav 6Mx lx. \ � • �. V�,1`;;;�`/�/ � 45 r � •y �\{/�� u ,; - • — �, ' ` _ —/�� / ''1 �f / � / �! � '"E '•.°�` \ �'� ` ---_ SEE ROADWAY PLAN / $ � �1'�—/VL �� "Z / _. �1e ��w�a � / V AN� PROFlLE SHEET FOR �' /(' � /% � , � �O�j aue..r �. � � " PROP. IIAPRD`hMENTS � r- _ `�'< �� \ �a� � � 2 . ro RiocE aolo nno Y/��'r / � � PftOSPEftITY BIDGE RDAD / ./'P � / ' '�.,� � �� roinv � / // � / \ � / i�p �P'� :Y � \ � % � . �,'% . �, � / �' � G � _ , �o�P � ,a � � /` �iW Q� � t 1 � Q/� �� / � 4�,? �x� h r r ` .3 � °� e /I I �� % i J� % z�/�' �/� 5, oe' C,, . - ¢ 9 �� ,"i:9 �� . SEE SHEET 5�-3 i FDR RIDGE R�. � b.i$ �� IUPROVEMENTS � � 4' y g ��o a-wuann�w�'. rd , "� / n `i � �� / / ,�' i ez �7 ��_ �.•<�i' �\ �� . ��/ cmc �� ' anro w�� ssr o vx onik �'� � /:. , T a,�,°: �� v` � �� 1 ' �,� . � � yc u,.. mrr Fy�, / � � J . / ' �.•' M1 < ' s `\ ti.. 1\ O n// �. �/%l� \\ SS� �i � ` ' �i �' � I _ - � � . ,� z� � a, � '� -- �/ � � '�� IVI[[C E/..R LWR \ / / \ f Cn'l�a �OLLVOo`IIM� \ 1f . ' ` ♦. \ fS H� . � _ � \��%4\� '� � o..a.� ��, e -... � . .''N�\ 'tab� � .. ..i �� ',`�,;� � � --' ' ��_ � • �; s` 5 � �� . U - ' �Z��S; P �`n�'N ,S' �04'.$�: x g' � a ZU'�Ne 6 �u.�7� _ pO�S� u�� Q2 ��a � o�= ��B 4AI.�[ pfp 10 CAILI � f `. \ f n OZ�� 10 SINCNPC 1B '� � � � a n Y ./�'` \ p ' .� C — e . . . . ' rv i (� P ._'. "� ! . .\ �%—` . . .-�. — . � � �y g �J T \ � it - 'E""�' �. \ \ � o rx �+ow z , . \� � Gio�naro ourw¢ � oo aov 'ronomone-`i � � t � ) ..0 +.`.� . \ . �� /- . I �.' nc io ri rn.wua \ � a .m s Y . 'r� ° � - �� 'N; -t-,�„ � � _ � _ � o� „- � 4�, � � , � � ��✓ � —" �' \ � � '�"' r.. 1 .. #�,�' . � .. �� \ ,/`-+_J� f�ua0w�.w ' � . .. � ' � ��— a 9 �� lPIV IG%'GIRR I'� '� y � . �. .� . ' ' � .c'~�a�Mn�l� .� — �rf5a�-, ..:F �b \� '— 0 4 - � ' � r e ar s� u - \ � \ � � �� \ Py�� ;� i f �'a. ti� O �� ' �p \ W.n � aplN.1 S1pE wu(FI p -5}fiP: �- >ROnLPT[$ lLC ' :e MB9 oyU �ee aoee nu ","r2" � s —� �- G� , '_ . , � . i / � vxor ��x s'�—�r 6 �.� J ! •Pf � ,,�— — 55 — � 1�� O �.- . �__ +D�;u^ qs _ a F . ��S' �.. v.•< ��-�" s —� �� W Z � �+ - �� . - AW _ . �^+ �t-�- io e ... . . _ � � �� — A a[.. 9:FJ� �_�__� _ �+ J �•�, ` �� u..-t � . - _ '_ ' E O y , ��' C �Q� '\ c osv m , �� ooro.xu � - `J� _ __ a L GeliC � \q .\ \ \\ \ .. _ oe`ie:eiac�±a ___'—i � .+ ,Ric P ��`"�. ` >acurn�rm an \�� r�� F R59 SEE SNEET SD-2 j"j- POR PROSPERITV RiOCE Q \ RD. IMPRO�fMENTS {s1 � .7 } (z. ^ O a< � F � z a e! F ^1 N a + � � O Q � � G Q �