HomeMy WebLinkAbout20170057 Ver 1_USACE Permit_20170417Carpenter,Kristi
From: Steffens, Thomas A CIV USARMY CESAW (US)
<Thomas.A.Steffens@usace.army.mil>
Sent: Thursday, Apri) 27, 2017 11:58 AM
To: Rivenbark, Chris
Cc: Ward, Garcy
Subject: B-4598 Pamlico 16 NWP 12 23 33
Attachments: Mitigation transfer form.pdf; NWP 12, 23 33
Tearsheet.pdf
As requested
Thomas Steffens
Regulatory Project Manager
Washington Regulatory Field Office
2407 West 5th Street
Washington, NC 27889
o) (910)-251-4615
The Wilmington District is committed to providing the highest level of support to the
public. We would appreciate your feedback on how we are performing our duties. Our
automated Customer Service Survey is located here:
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatorv Miti�ation Responsibilitv Transfer Form
Permittee: NCDOT/Phil Harris
Project Name: Pamlico Bridge 16 over Mason Creek
Action ID: SAW-2017-00154
County: Pamlico
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 Ecosystem Enhancement Program (NCEEP), 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 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 appropriate ledger
and provide a copy of the signed form to the Permittee and to the USACE Bank/In-Lieu Fee Program Manager. The Sponsor
must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requirine Mitieation* 8-dieit HUC and Basin:
Stream Imoacts (linear
Warm I Cool
Wetland I
Cold Riparian Riparian
Riverine Non-riverine
Neuse River Basin
cts (acres
Non-Riparian � Coastal
� � � � � � 0.09
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Stream Miti�ation
Warm I Cool
uirements: 8-digit HUC and Basin: 03020202, Neuse River Basin
Wetland Mitigation (credits)
Riparian Riparian
Cold Non-Riparian Coastal
Riverine Non-riverine
0.18
Mitigation Site Debited: Len�yel Miti�ation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
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 NCEEP), 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 Date of Signature
Page 1 of 2 Form Updated 18 September, 2012
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.
• 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.
• 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: The Lengyel Site is located in Craven County within the USGS hydrologic unit 03020202
of the Neuse River. NCDOT acquired the 11.9 acre brackish marsh site to mitigate for unavoidable, jurisdictional impacts
associated with TIP B-2531. Monitoring requirements were performed from 1999 to 2003 and the site was closed out in
2004. The site has been placed on the NCDOT On-site Debit Ledger for use within HUC 03020202.
In order to offset 0.09 acres of unavoidable brackish marsh impacts, the Lengyel Mitigation Site will be debited at a 2:1
ratio, totaling 0.18 acres of brackish marsh mitigation.
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form
or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager: Tom Steffens
USACE Field Office: Washington Regulatory Field Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
Email:
STEFFENS.THOMAS.ANCRUM.1284 DigitallysignedbySTEFFENS.THOMAS.ANCRUM.1284706273
DN: c=US, o=U.S. Government, ou=DoD, ou=PKl, ou=USA,
7062 73 cn=STEFFENS.THOMAS.ANCRUM.1284706273
Date: 2017.04.26 092427 -04'00'
Click here to enter a date.
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
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.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00154 County: Pamlico U.S.G.S. Quad: NGVANDEMERE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
Location description:
NC Department of Transportation
Phil Harris
1598 Mail Service Center
Raleigh, NC, 27699-1598
2.0 Nearest Town Florence
Pamlico Sound River Basin Neuse
03020204 Coordinates Latitude:35.1318742253185
Longitude: -76.6845070407986
Brid�e 16 over Mason Creek on SR 1324 near Florence, Pamlico County, NC.
Description of projects area and activity: Applicant proposes to replace structurallv de�cient and functionallv obsolete 61'
brid�e with a 100' x 34' new brid�e on existin� location utilizin� an offsite detour. Zero stream impacts and 0.09 acres of
estuarine coastal marsh �11 is authorized bv this veri�cation.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
� Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 23 Aqproved Cate�orical Exclusions,
NWP 12 Utility Line Activities, NWP 33 Temporary Access and Dewatering.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 03/06/2017. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Thomas Steffens at (910) 251-4615 or Thomas.A.Steffens(u)usace.armv.mil.
STEFFENS.THOMAS.ANCRUM.128470 DNIc=I'US'onU,bYoveFFENS,YHOMDoD,ouRPKl,ou$USA273
Corps Regulatory Official: ��-� I'ia��sT� 7� ��U/A.7284706273
4` Date: 2017.04.26 09:14:58 -04'00'
Expiration Date of Verification: 03/18/2022
Determination of Jurisdiction:
A. � There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any wark
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. � There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW- .
Basis For Determination: This area exhibits a High Tide Line as indicated by physical markings on structures
and is part of the Pamlico Sound.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, ar anticipate participation in USDA programs, you should request
a certified wetland deternunation from the local office of the Natural Resources Conservation Service, prior to starting work.
F. APpCa1S InfOrmatl0n (This information applies only to approved jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria far appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
STEFFENS.THOMAS.ANCRUM.1284 DigitallysignedbySTEFFENS.THOMAS.ANCRUM.1284706273
DN: c=US, o=U.S. Government, ou=OoD, ou=PKl, ou=USA,
Corps Regulatory Official: ��� rn=STEFFENS.THOMAS.AN�RUM.1284706273
Thomas Steffens ate:2017.04.2609:14:30-0400
Date of JD: 04/26/2017
Expiration Date of JD:
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 our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.
sAw-zoi�-ooisa
SPECIAL CONDITIONS
1. SILT-FENCING: The permittee 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. 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 or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4).
2. ANADROMOUS FISH: To avoid adverse impacts to spawning populations of fish species at this project site, no in-water work
will be conducted between Apri101 and Sept 30 at Mason Creek, and its associated perennial tributaries. For the purpose of this
moratarium, in water is defined as those waters within Mason Creek, and its associated perennial tributaries, and its adjacent wetlands
that during periods of inundation have an active connection to these tributaries.
3. MANATEE CONDITION: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant
must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at http://www.fws.�ov/nc-es/mammal/manatee �uidelines.pdf.
NCDOT will implement "Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction
Activities in North Carolina Waters," during work for this project. Design Standards in Sensitive Watersheds will be implemented
during construction.
4. NAVIGATION: No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at
or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all
navigable waters of the United States.
5. UTILTIY CROSSINGS: Prior to construction within any jurisdictional areas, the permittee must correctly install silt fencing
(with or without safety fencing) parallel with the utiliry line corridor, on both sides of the jurisdictional crossing. This barrier is to
serve both as an erosion control measure and a visual identifier of the limits of construction within any jurisdictional area. The
pernuttee must maintain the fencing, at minimum, until the wetlands have re-vegetated and stabilized.
6. TEMPORARY FILLS: Temporary fills must be removed in their entirety and the affected areas returned to pre-construction
elevations. The affected areas must be revegetated, as appropriate.
7. MITIGATION: The permittee will provide compensatory mitigation for the impacts to jurisdictional wetlands associated with this
project utilizing the Lengyel Site is located in Craven County within the USGS hydrologic unit 03020202 of the Neuse River.
NCDOT acquired the ll.9 acre brackish marsh site to mitigate for unavoidable, jurisdictional impacts associated with TIP B-2531.
Monitoring requirements were performed from 1999 to 2003 and the site was closed out in 2004. The site has been placed on the
NCDOT On-site Debit Ledger for use within HLJC 03020202.
In order to offset 0.09 acres of unavoidable brackish marsh impacts, the Lengyel Mitigation Site will be debited at a 2:1 ratio, totaling
0.18 acres of brackish marsh mitigation.
Action ID Number: SAW-2017-00154 County: Pamlico
Permittee: NC Department of Transportation
Phil Harris
Project Name: NCDOT B-4598 Brid�e 16 SR 1324 Florence Road
Date Verification Issued: Apri126, 2017
Project Manager: Thomas Steffens STEFFENS.THOMAS.ANCRUM.128 DN!rIUS,Io=USGovemmentooMDoD,ouRPKI,ouBUSAZ�3
4706273 cn=STEFFENS.THOMAS.ANCRUM.1284706273
Date: 2017.0426 09:13:58 -04'00'
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Thomas Steffens
Washington Regulatory Field Office
2407 West Sth Street
Washington, North Carolina
27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date