The URL can be used to link to this page

Home My WebLink About19961190 Ver 3_401 Application_20171002ATKINS Atkins North America, Inc. 1616 East Millbrook Rd, Suite 310 Raleigh, North Carolina 27609 Telephone: +1.919.876.6888 Fax: +1.919.876.6848 www.atkinsglobal.com/northamerica September 20, 2016 D � @ Jean Gibby V D US Army Corps of Engineers 0C T 2017 Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 DEQ -WATER RESOURCES Wake Forest, NC 27587 401 g BUFFER P KNITTING Re: Request for Permit 199501141 Modification for the Town of Hillsborough - West Fork Eno Reservoir Phase 2 project in Cedar Grove, Orange County, NC Dear Mrs Gibby, Atkins North America, acting as an authorized agent for the Town of Hillsborough, respectfully requests your authorization to modify permit 199501141 (see Book 286 Page 297) associated with the West Fork Eno Reservoir (WFER). This request, is to provide revised information on temporary dewatering impacts associated with spillway improvements in support of efforts by the Town to raise the normal pool from the Phase I elevation (632.2 feet [NAVD88]) to the Phase II elevation (642.2 feet [NAVD88]) already authorized under this permit (see Figure 1). For your ease of use, we have separated this request into the following sections: Revised Impacts, Reconciliation of Section 401 Certification, and Supporting Information. Revised Impacts For the purposes of this request, two temporary areas of proposed dewatering are needed to facilitate the other construction improvements necessary for the dam spillway. Collectively, these improvements will upgrade the dam spillway to accommodate the Phase II normal pool for the WFER. Besides these two areas of dewatering, the other dam and spillway improvements will occur outside of waters of the U.S. The location and details of these two temporary impacts are provided in Figure 2. These two temporary impacts are most likely already covered in the original permit 199501141, since it allows for the overall impacts related to improving Phase I to Phase II. Also, both temporary impact areas fall within the Phase I construction limits or normal pool level. However, the Town is interested in providing the Corps and N.C. Division of Environmental Quality with details on these impacts to ensure permit compliance. Table 1 summarizes the impacts of these two temporary impacts. This requested revision remains consistent with the overall permit schedule, and will result in no changes to the overall permit impacts. Since no new areas of impact are proposed, the mitigation required for these impacts are described in Special Permit Condition (x). Page 1 of 5 ATKINS Spillway Diversion Cofferdam Upon its original construction, the WFER earthen dam was originally built to the necessary size to support the development of both Phases I and II. However, the spillway and pool control structure will require modification so the normal pool elevation can be increased to the Phase II elevation. To facilitate this modification, the pool elevation of the WFER will be lowered 4 feet to temporary elevation of 628.2 feet [NAVD88], and then a temporary diversion cofferdam will be built in the dry. The elevation of the base of the cofferdam will be at approximately 629 feet [NAVD88], and the top of the cofferdam will be 633 feet [NAVD88]. This will result in temporary fill impacts from the cofferdam, and temporary dewatering impacts within the interior of the cofferdam. The area of these impacts is provided in Table 1. Turbidity curtains will be installed within the lowered pool to provide sedimentation protection to the reservoir and downstream waters. These impacts will be temporary in nature, and will be removed once the spillway improvements are complete and the WFER is raised to the new Phase II normal pool elevation. Outlet Cofferdam for Filter Diaphragm Installation A filter diaphragm is an important component of design for both new construction and the renovation of older embankment dams. The design engineer for the Phase II improvements recommends the installation of a filter diaphragm around the outlet conduit at the base of the WFER dam. The intent of the filter diaphragm is to intercept flow that can occur in the interface between the conduit and soil and filter it to prevent the migration of fine soil particle out of the embankment.. To facilitate this modification, the outlet conduit will be plugged with sandbags, and a temporary cofferdam will be constructed around the outlet within the West Fork Eno River. The plugged flow in the outlet conduit will be pumped around the dewatered area during construction. These activities will result in temporary fill impacts from the cofferdam, and temporary dewatering impacts within the interior of the cofferdam. The area of these impacts is provided in Table 1. Table 1. Summary of impacts to waters of the U.S. associated with modifrcotion to permit 199501141 Wetland Tributary Project Impact Open Water Impact Length Component Feature Name Feature Type Permit Drawing Impact Type Duration (ACRES) Impact (ACRES) (FT) Spillway Site 01 Open Water Figure 2 Fill Temporary N/A 0.19 N/A Diversion Cofferdam Site 02 Open Water Figure 2 Dewatering Temporary N/A 0.42 N/A Cofferdam for Filter Site 03 Tributary Figure Fill Temporary N/A N/A 38 Diaphragm TOTAL 0 0.61 38 Page 2 of 5 Request for Permit 199501141 Modification for the Town of Hillsborough Reconciliation of Section 401 Certification As noted by N.C. Division of Environmental Quality in their certification of the permit modification issued in June 2016, "the Water Quality Certification was issued to construct Phase 1 of the proposed reservoir and authorized wetland impacts that correspond to Phase 1 and stream impacts that correspond to Phases 1 and 11 of the reservoir". Since the Phase II impacts currently included in the Water Quality Certification do not match the impacts authorized by the 404 permit, this modification request attempts to reconcile these documents. It is believed that the original Water Quality Certification was issued based upon the initial permit application materials, rather than the supplemental information provided by the Town during review that led to the 404 -permit authorization in September 1998. Table 2 itemizes the impacts summarized in the original application (leading to the Water Quality Certification), as well as the supplemental information provided by the Town of Hillsborough (leading to the 1998 404 permit). Figure 3 provides the wetland locations associated with the 404 permit issued in 1998 that need to be included in the modified Water Quality Certification. The Town of Hillsborough desires to proceed with raising the WFER to the Phase II normal pool elevation originally authorized, in accordance with the schedule as noted in Figure 4. Table 2. Wetland impact information from 1998 404 permit application and supplemental information provided to the Corps Streams (See units Total Phase I Phase 11 Date Item below) (ACRES) (ACRES) (ACRES) 12/19/1995 Town submitted original 404/401 Application 12.42 acres 15.85 acres 3/25/1996 Town submitted additional information, increasing impacts 7.54 miles 28.72 acres 16.65 12.07 4/11/1996 Town submitted revised Application (Phase I only) 6.39 miles 17 acres 4/25/1996 Corps letter to NCDWQ requesting 401 review 9/25/1997 NCDWQ issues Water Quality Certification 9.94 miles 16.65 acres Various Applicant continues to coordination with Corps 10/21/1998 Corps Issues Permit 7.1 miles 22.96 Acres 16.40 5.7•' *Source: Special condition (b) '* Source: Special condition (x) Supporting Information Bald Eagle permits During 2017, Atkins has continued to coordinate with the USFWS and has performed an additional winter 2017 aerial helicopter survey. The 2017 re -survey confirmed that the two bald eagle nests, one active since 2015 and the other inactive nest since 2013 remain in the same locations as previously observed (see Figure 5). No other alternative bald eagle nests were identified. The Town recognizes that an Eagle Nest Take Permit (Take Permit) in accordance with 50 CFR 22.27 will be required, and that coordination is underway. Once coordination with the USFWS for the Take Permit is complete, the inactive nest, which occurs within the Phase II clearing limits, will be destroyed. See Figure 6 for a draft Phase II Page 3 of 5 ATKINS clearing plan. This nest take will occur as soon as the Take Permit is authorized (see Figure 4). Conditional Letter of Mapping Revision (CLOMR) A CLOMR letter has been submitted and is currently under review by the N.C. Division of Emergency Management for the Phase II construction. The Phase II dam modifications are planned to start construction in October 2017, and the completion of this construction will lead to the authorized impacts to Waters of the U.S. at some time during the second half of 2018 once the Efland Cedar Grove, Mill Creek, and Cedar Grove Road improvements have been completed. The road improvements have been designed to accommodate the proposed new Phase II pool, and these improvements will not be at risk since they have incorporated this issue into their design. Mitigation In the June 2016 permit modification, the proposed Phase 2 mitigation was approved, which included a surplus of 1.8 acre of wetland credits from the completed Water Quality Impoundments developed for Phase 1 mitigation, and 7.8 acres of wetland credits from the North Carolina Division of Mitigation Services. This mitigation would offset the 5.7 acres of wetland impact for Phase 2 described in Special Permit Condition (x) of the original permit. Table 3. Summary of wetland mitigation for Phases I and 11 of the West Fork Eno Reservoir. In the "Credit Transaction" column, wetland impacts are tracked using F ed, while mitigation credits are tracked using black. Credit Phase Item Description Transaction A Phase I Mitigation Created from Water Quality Impoundments 15.8 Phase I B Phase I Impacts (Special condition: section n. Book 286, Page 301) C Phase I Remaining Mitigation Credits (A -B) 1.8 D Phase II Impacts (Special condition: section x: Book 286, Page 303) 4 e Phase II C Phase I Remaining Mitigation Credits 1.8 E Phase II Remaining Impact (D -C) 3,S Total F Phase II Required Mitigation Credits (E ' 2) using 2:1 Ratio 7.8 Since this permit modification seeks to reconcile Water Quality Certification for Phase II wetland impacts, the mitigation payments have not been made. The Town of Hillsborough is also considering whether mitigation bank credits within the Neuse 01 River Basin may come available during the dam improvements and roadway construction projects but prior to raising the WFER normal pool above the Phase 1 level. The NC Division of Mitigation Services has extended their acceptance (see Attachment 2), so that the Water Quality Certification could be reconciled and the final roadway improvement designs could be completed and prepared for construction. The mitigation payment to NCDMS will be completed prior to raising the normal pool the Phase II elevation. As stated in earlier documents, the wetland mitigation for Phase I, as well as the stream and riparian buffer mitigation for Phases I and II have already been satisfied (see Special Permit Condition (y)). Page 4 of 5 ATKINS If you wish to schedule a meeting at the project site, please contact me at 919-431-5255 or matt.cusack@atkinsglobal.com. Thank you for your consideration of this request. If any additional information is needed, please do not hesitate to contact me (919-431-5255) or Rebecca Berzinis. Sincerely, h6b�&4tA� Matt Cusack Atkins North America, Inc. Cc (electronic): Rob Ridings, NC DWR Jennifer A. Burdette, NC DWR Kenny Keel, Town of Hillsborough Dean Goodison, Atkins Attachment 1: Figures Figure 1. Project Location Figure 2. Temporary Waters of the U.S. Impacts Figure 3. Wetland Impacts from Original 404 Permit Figure 4. Proposed schedule for completing permit related activities Figure S. Nest Locations and Surrounding Land Use Figure 6. Reservoir Clearing Plan Attachment 2: Mitigation acceptance extension letter from N.C. Division of Mitigation Services Page 5 of 5 ATTACHMENT 1 m - I14, — - --r Project Location rr 1 Hillsborough ' Chir'. Hill'. 0 1,000 2,000 3,000 N Feet 1 in = 2,000 feet ' SD 9y Legend Phase I Wetland Mitigation (Existing) Ridpp T,1 - Phase I (Existing) Phase II (Proposed) Prepared By: Prepared For Project Location Tows STK I N 515 West Fork Eno River Reservior Phase II ORANGE COUNTY, NORTH CAROLINA Dwn By: FIGURE RSG Ckd By: MTC Date: &18/2017 Project No.: 100041454 cwse-gresamu+uneur—t:orp\oneurwe-Atkins Ltd\DesktopVle dump\WEER\Fig7_Location. Md Prepared By: Prepared For Temporary Waters of the US Impacts A Town `TK I N sWest Fork Eno River Reservior Phase II ORANGE COUNTY, NORTH CAROLINA D'A'R By: Source: RLG Legend Ckd By: MTC Schnabel Engineering Dam Safety Submittal Date: g 2 Project No.: May 2017 Erosion & Sediment Control - Site Plan rtoTEs: Drawing No. C-14 Sheet 16 of 42 1 SASEDRAW'NGTmENFROM• HII1P8oR000IA NORTH 4AROt.RN, Temporary Stream Impacts - 38 LF FFNFNfF AT1FAST ONF WEEK PRIOR TOSTARTING CONSTRUCTION ANONOTIFY NEW NIDOETAOB',BfEEr/q $$ NG OAIEDJLNE Y000 ' HE MEETING AND START OF PROJECT OATES. 1, CONTROL OF WATER SYSTEM IB COP Temporary Dewatering Impacts - 0.42 AC �ANCZS A9 rECE59ARY 10 ABATE TRACKING OF REDIMENR ON PUBl1C ROADS CAUL NORTH CARGLK4et1TGrARK UTILITIES, ACTUAL CONTROL OF WATCR SVOTE. ® Temporary Fill Impacts 0.19 AC _ - CONTROL MFAYUHEA' IO/JENTIONCES STABILIZATION _ L.B6 DUST fSTONE 8701E OURE78 '- &05 TOPOOIJNG tENI.'E W ACCORDANCC WITH THE EIS CONTROL PERMIT BDE TEMPORARY GRAVEL Fil CONBTRIR]LgN ENTRANCE II i[� 11 SST APPIKIABLE ELS CONTROL FORMS CAN BC DOWNLOADED FROM: - . BIDNSeWRGY1 WML-LAM4W-sOURCE34EROSIONSCDkCT.CONTROUFORVA ET 11MC OF EXPOSURE AND PRGVW ORO— CO— UPPER GUIDELINES OF THE 0,L8, tF TEEOEO. SI—L BE LOG7EDIN AREAB.OF EJPECTm DISTURBANCE Vr71FRc INIM COVER SURFACE WITH 6EOTEKTSE ELRBB.O — KM DSTWDEDAREAS DOWNSTREAM Oft VEGETATED SPILLWAY COFFERDAM CONCEPT SECTION ��' .. , IGNM y COFFERDAM !`'• ( 1 WEST MAN ELRASETH W. �, \•�' vlNe NMmtzpp COFFERDAM FOR FILTER FOR FILTER DMAtKilIiN6TALLATK)N /� TOP E1 BBF.O AIIN ;site 0 FLOW FROM CONWR P TORESLOCKED WRH \, ( / PUMrAND •.. I FILTEN 4 SANDBAGS r ..• 1(f (LK: \ / LNNT OF DBTVROANCC �• I PNMPWATERTO DOWNSTRFAMf!F i COrrCROAM n1 .. 70�16�..15.50.: ISMO 14M0 '14i00 R% 1SM0 -R'S-. 12tp- 1Y50 .. 1I+W 10.50... 10MD _ 8-5p. S+W ,'. 150... L.pO ... 1•r4. ]yp 6M0 S ,-�O It '.SiDo t@1�2 1 E Stte TURBIDITY CLIRTAN -- �' ACCESS RDAD ', '1 TURMOM Cl1RTAN i.•. Y. ] . . OV9rLAYEO WITH! VEL AS NEEDED. ` L IL 1 SPILLWAY STREAM WERSION COFFERDAM !�`7 � \ IOP RL6U.0IAHI /T _ t DONTR0. BTRUOTUriE , NET 1 / LCNFER 1rESENONl M+TTO ELx®2 1 . 1 1 -. •') ', ,� IOPORARY SEDIMENTTRAP ST-01 TOP , ''� 1 '. I BOTTOM EL 6165. WEIR EL f5l1 \\\ SLIRFACCARCAI,]O6 Or VOLUME 17,160 Cr EROSION & SEDIMENT CONTROL - SITE PLAN DRAINAGE AREA FOR EgOL1ON 1 CONTROL MVICE ASAC 0 100 200 300 Feet ^ Prepared By: Prepared For Temporary Waters of the US Impacts A Town `TK I N sWest Fork Eno River Reservior Phase II ORANGE COUNTY, NORTH CAROLINA D'A'R By: FIGURE RLG Ckd By: MTC Date: 9/19/2017 2 Project No.: 100041454 P .Puserslgresao/uluneurl a t;orptuneurve -ADInS LtOlDesktoplfle-dump\WFER\Temp_WoUS_Impacts. rto 40-47 Y 0 500 1,000 1,500 N iiiiiiiVOMOMMM Feet 1 in = 1,000 feet Legend Phase I Phase II Alluvial Forest - Headwater Seeps - Beaver Marsh Note: 110-129 Impacted wetlands digitized from 404 Permit Application 199501141 from Book 286 pages 297-307. Wetlands within one vertical foot of Phase I or Phase II elevation are considered impacted by that phase. Phase I and Phase II boundaries shown here are updated layers based on 2009 USGS 3D Elevation Program (3DEP) Mapping. 17-20 K 35,;9: V Prepared By: Prepared For. Jurisdictional Wetlands lbws of TK I N S west Fork Eno River Reservior Phase II ORANGE COUNTY, NORTH CAROLINA Dwn By: RLG FIGURE Ckd By: MTC Date: 9/8/2017 3A Project No.: . 100041454 „yu.. vwva-q vvren_rnZ Ftanuesigmuu-CommonlEnvoronmentalXBackgroundkOriginal_404\404 update. mzd OJ K ,,393(9 / V rD 0 0 500 1,000 1,500 N Feet A 1 in = 1,000 feet Legend Phase I Phase II Alluvial Forest - Headwater Seeps - Beaver Marsh Note: Impacted wetlands digitized from 404 Permit Application 199501141 from Book 286 pages 297-307. Wetlands within one vertical foot of Phase I or Phase II elevation are considered impacted by that phase. Phase I and Phase II boundaries shown here are updated layers based on 2009 USGS 3D Elevation Program (31DEP) Mapping. LB L � LA Mt: Prepared By: Prepared For. Jurisdictional Wetlands Tower ATKINS West Fork Eno River Reservior Phase II ORANGE COUNTY, NORTH CAROLINA 1+G Ff Dwn By: RLG FIGURE Ckd By: MTC Date: '3B 9/8/2017 Project No.: 100041454 vi_ninsoorougmiuwqisoq_wrtt[_rnG_rianues,gmuu-uommon\tnvnonmental\Background\Original 404\404_update. mkd Figure 4. Proposed construction schedule for remaining tasks associated with West Fork Eno Reservoir Start Date End Date Dam Structural Modifications 10/15/2017 10/31/2011 Borrow Area 3/1/2018 9/30/2018 Clearing 2/1/2018 2/28/2018 Excavation 3/1/2018 7/31/2018 Restoration 10/1/2018 10/31/2011 Phase 2 Pool Tree gearing 2/1/2018 10/31/2011 Construct Access/Egress Roads 2/1/2018 3/31/2018 Construct Skid Roads 2/1/2018 3/31/2018 Tree Clearing 8/1/2018 9/30/2018 Restoration 10/1/2018 10/31/2018 Elland Cedar Grove Road 3/1/2018 9/30/2018 Carr Store Road / Mill Creek Road 3/1/2018 9/30/2018 onmental Tasks Inactive Eagle Nest Take Permit Review 10/1/2017 11/1/2017 Inactive Eagle Nest - REMOVAL WINDOW 11/1/2017 11/15/201; Active Eagle Nest Disturbance Permit Review 10/1/2017 11/1/2017 Window for Winter 2018 Eagle Nest Helicopter Survey 1/15/2018 1/31/2018 Active Eagle Nest Protection: Tree Clearing within 660 -foot buffer requires monitoring per Eagle Disturbance Permit 11/1/2017 7/31/2018 404/401 Permit expiration 12/31/2018 12/31/2011 2017 Permit 1S These dates are approximate, and may be affected by construction or 2018 2019 Prepared By: Prepared For. 'hwa if Ckd By: Nest Location and Surrounding Land Use West Fork Eno River Reservior Phase II ORANGE COUNTY, NORTH CAROLINA Dwn By: RLG FIGURE Ckd By: BEC Date: 6r14/2017 5 Project No.: 100041454 O'.\Projects\Town_of_Hillsbomugh\700041454_MER_Ph2_PI anD esign\00.Common\GIS\MXD\Eagle_ Vicinhy_Aerial. mx4 DAM REHIBILIATION AREA �y — I NO CLEARING ACTIVITY PERMITTED �y� !a -♦ / I �J \MINIMCARUTHA AC' \ / �r�\? PIN#98s714 .��♦\ \ I \ — I\\— ,��6>� 1 `\�.. I/I [JAY, JO .6 '1 \`� ��\ 3 I/ �� ♦ / I/' IVE"R_ ON. SAN H.o/'EFLAND-CEDAR GRAD�- - J Ld / f l / PERMANENT ACCESS ROAD Al J o 20-FT EXISTING ESMT (E2) 1 , TO TEMPORARY ACCESS Al ci ULI \ \ I 1 \ ACCESS ROAD A2 \ , / �, / / ( I °a m 1/ QO PROPOSED 20-FT ESMT Et ! `\ J / I 1 w _ \ ( ) / 1 ) 0 TOWN OF HILLSBOROUGH WATER QUALITY BMP #X426-- LL >. \\ \ ♦�_ .� ` ,` S \ 1 \ / �r / / ` \ ( - I LY7� Ob4NEl� - �L ice\ co ! _ �` '.i \\. - !�_\ I BARK PIN p� PP' PI POE ,Er A3 LEES . / _ �` \ ` \ _ , \�: ' ` - , / - _ ! / �' \ UAC OWNER: CHAPEL R —� ♦ v� ��' �� I��BA cHRlsnsooucus \ HEMINGTON E ) f ZS9 IN# 9847839262 t7 S $ ri i ' `�"� I I 1 I ♦ _ `� 1 !ll _ �'1 \ \ \I i / EF ANTHONY M G m) qr W g z aA AME PIN#98476: m // CZ zw — — — — - i / \ " ♦ ) ��` i -\. _ \� U \ . - 1 I PIN# 7843064 iSClil '/ — w m 4� I—� N# 984763338147634 O !/ u= � z _ \ / \ t J4ff �sscowa , n A _ _ � 1 �- � ♦ .= I ACCESS ROAD A7 I 1 {�,'�`(' PROPOSED 20.FT `~ � - l ♦ I - ACCESS ROAD A350.FT \ �� I �� \ �/ I } - �r 1� ��` / 1 / \& Hca / \ \ PRIVATE ESMT (E5) \ —— y' / i / \` OWNER 0 a b Ii / ( ( j,�\ \� CHRISTOPNERJS'\ A \ ACCESS ROAD All I Ir -� `� _ OWNED.. 1 / J\ • l �// \ �--. 1_� J ,% \\ \ _ ` 7 BR JEe..I� &WILt1AMJ Pih EDWARDS AM' \PIN# 984754, QO `\ - Z IU' 1 ) ee- G0 W Of in O J \\ \ I \ \ �/ � � l I 1 - I 1 TOWN OF HILLSBOROUGH ,_ ACCESS ROAD A4 > WATER QUALITY BMP #X ur p W = F � \� i✓! /� - ♦\ \ 6 ` 1 / , 1 \ T TOWN OF HILLSBOROUGH \ - \ - 5 ( (� - �%�— 0 N W Lu WATER QUALITY BMP #X f — - W Of F- 2 i TOWN OF HILLSBOROUGH ' f ^� / 1 / WATER QUALITY BMP #03 / ♦ `/ ! I FIGURE 6 GENERAL NOTES: � 1 AREA TO BE MANAGED - ♦�_ / / 1 - 1. LOCATION OF PROPOSED SKID TRAILS ARE APPROXIMATE. CONTRACTOR SHALL PROPOSED SKID TRAIL DURING BRIDGE/CULVERT / ♦ \\l` /` I ! RENOVATIONS DETERMINE THE LOCATION OF THE TRAILS SO AS TO FOLLOW THE NORTH \ / \ / -- \ .1 ♦ , CAROLINA FORESTRY BMP MANUAL STANDARDS FOR SKID TRAILS SO AS TO LIMIT —ROADS y THE DISTURBANCE OF THE VEGETATION AND SOIL. ACCESS ROAD A5 \ - I DECKS /LANDINGS ♦ + /" \ \� . I 2. EROSION CONTROL MEASURES SHALL BE IMPLEMENTED AS SHOWN AND AS NEEDED AND SHALL BE INSTALLED AS DESCRIBED IN THE NORTH CAROLINA \�� a PROJECT: 13821015.02 R / 1 C\.\`♦1V CLEARING LIMITS C EEK R ! \ FORESTRY BMP MANUAL. € DATE: MAY 2017 OigO \ / CONSTRUCTION ENTRANCES t DRAWING NO. 3. ORANGE COUNTY GIS DATA WAS USED FOR CLEARING PLAN VIEWS EXCEPT w WHERE SURVEY DATA COLLECTED BY CH ENGINEERING IS SHOWN, SURVEY C-01 DRAWINGS DENOTING THESE AREAS WILL BE INCLUDED WITH FINAL DRAWING Sc 1'-- >! SET. x SHEET 1 o 66W 10 03 OF 12 ATTACHMENT 2 Mitigation Services ENVIRONMENTAL QUALITY July 6, 2017 Kenny Keel Town of Hillsborough PO Box 429 Hillsborough, NC 27278 Project: Permit 199501141 Mod. for WFER Reservoir Ph. 2 ROY COOPER MICHAEL S. REGAN Expiration of Acceptance: January 6, 2018 County: Orange The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 0213 .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Matt Cusack, agent Sincerely, Je . B Stanfill Asset Management Supervisor State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 9976 T River CU Location Stream (feet) Wetlands (acres) Buffer I -" Buffer II Basin (&digit HUC) (Sq. Ft.) __ Impact _ Cold Cool Warm RI avian Non-Ri avian Coastal Marsh 03020201 0 0 0 3.9 0 W0 _Neuse 0 D Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 0213 .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Matt Cusack, agent Sincerely, Je . B Stanfill Asset Management Supervisor State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 9976 T