HomeMy WebLinkAbout20130918 Ver 10_2005-21386 Permit Modification 9_20171129•' ���/j ' Department of the Army
fl� WiLMtNG74N DISTRICT, CORPS 4F ENGINEERS
69 DARLI�VG70N AVENUE
� WfLMINGTON, NORTH CAROLINA 28403-1343
Novernber 28, 2017
Regulatory Division
ActionID: SAW-2005-21386
Mr. FhiIip S. Harris III, P.E., C.P.M.
Natural Envirozunent Section Head
North Carotina Department of Transportation Division of Highways
1598 Mail Service Center
RaIeigh, North Carolina 27699-159$
Dear Mr. Ha.i�ris:
Reference the Department of the Army (DA) perinit issued on ApriI 15, 2014, to Ms.
Deborah Baxbour of the Nort}i Carolina Depastrnent of Transportation, for impacts associated
with the project iden�ified as U-2525BC, The pz•oject is a 9.7 mile, four-lane/six-lane divided
facility on new location extending from the US 70 relocation to SR 2303 (Lawndale Drive) in
Greensboro, Guilford County, North Carolina. Section B of this project begins at the US 70
relocation and terminates at U� 29, and Section C begins at U� 29 and ends at SR 2303
(Lawndale Drive). Coordinates (in decimal degx•ees} for the site are: 36.089772° North,
-79.b97302° West for the eastern terminus and 36.141773° North, -79.825120° West for the
westez� tenminus. The site conta�ins portions of four (4) unnamed tributaries to South Buffalo
Creek, twenty {20) i���named tributaries to North Buffalo Creek, five (5) unnamed tributaries to
an unnamed tributary at Camp Hei�-nan, fourteen (14) unnamed tributaries to Reedy Forle, a
poi-�ion of Ricl�and Creek, and ten (10) unnanned tributaries to Richland Creek, as we�l as 50
(50) adjacent wetland areas and five (5) open water ponds in the Cape Fear River Basin {8-Digit
Cataloging Unit 03030002).
Impacts authorized by the perrnit (including U-2525C conceptual impacts) as well as
subsequent pei7nit modifications dated June 18, 2014, �ctober 31, 2014, December 4, 2014,
March 12, 2015, July 24, 2015, and Ma�rch, 18, 2016 inctuded: 1} the permanent placement of fill
material into 23,4671inear feet of jurisdictional stream channel, 9.95 acres of adjacent ripa�•ian
wetlands, and 2.32 acres of jurisdictional open waters and, 2) the temporazy placexnent of fill
material into 785 linear feet of jurisdictional streaxn channel and 031 acre of adjacent riparian
we#lands associated with const�-uction access and the relocation of utility lines, Iii addition,
pennit modifications dated August 11, 2016 and December 19, 2016 released U-2525C Permit
Sites 1-3, 11, and 12 for const�•uction, zz�cluding 1) fihe permanent placement of fill material 'vrato
7771inear feet of ju.risdictional stream chanx�el and 0.62 acres of adjacent riparian wetlands, and
2) the temporary placernent of fill material into 30 linear feet of jurisdictional stream channel
associated with construction access. Since impacts to waters of the US for U-2525C were
ariginally pe�itted as a conceptual suzn, refinement of impacis to Permit Sites 1-3, 11, and 12
could not be used to 1Furtl�er update the toial impact amount for the entire U-2525BC project.
Compensatory mitigation was implemented for the unavoidable impacts by payment into the
North Carolina Ecosysiem Enhancement Program, now known as the North Carolina Division of
Mitigation Services {NCDMS}, as well as permittee respon.sible mitigation referenced in tl�e
perrnit special conditions.
Also reference youz• peimit modification request letter submitted by e-mail and dated
Navember 14, 2017, proposing the following:
Release o�the re�ainder of Section C of TIP U-2525 for construction, consisting o�Permit Sites
4, 4A, 5-9, 9A, 10, 10A, 13, 13A and B, 14, 15, 15A, 16, 17, 17A, 18, 18A, 19, 19A, and 20-23,
per Special Condition 2 of the DA permit issued on Api71 15, 2014;
Autharization of permanent discl�arge of fill material into 11,4b 1 linear feet of stream channel,
2.96 acres of wetlands, and 1.52 acres of open waters related to:
Placing 11,134 Iinear feet of stream channel in culverts and other fills resulting in permanent loss
of waters; �
Adding x7p rap bank stabilization ta 3271inear feet of stream cl�annel;
Placing fill nr�aterzal, conducting mechanized land clearing andlor excavation, and/or draining
2.34 acres of wetlands;
Placing fill material into and/ar draining 1.52 acres o� apen water ponds;
Authorization af tempora�.y discharge of fill material in 1,029 lineaz• feet (0.18 acre} o� stream
channel and OA3 acre of wetlands related to:
Disturbing 956 Iinear feet (Q.17 acre} of strearn channel for temporary constiuction access and
dewatering;
Disturbin.g 73 linear feet (O.Q1 acre) of sfream channel associated wit1� the relocation/installation
of water rnains and sewer lines;
Tempo�•ary wetlaild excavation in OA3 acre of wetlands associated with the
relocation/installation of water mains and sewer lines;
Authorization of indirect impacts to 751 linear feet of stream char�el, resulting in reduced
aquatic function fi•om "isolating" a 5681inear �oot reach and a 1831inear foot reach of stream
cl�annel between two long culvert segments.
Following evaluation of the infonnation submitted in your modification request, the U,S.
Army Corps af Engineers, Wilmingion District has determined that it is appropriate and
reasonable and not cantrary to the public interest. 'l�erefore, the permii is modified to release the
above referenced Permit Sites for Section C of U-2525 for const�•uction, including the requested
additional stream, wetland, and open water impacts. This work must be constructed as follows:
3
for U-2525C Pei�nit Sites 4, 4A, 5-9, 9A, 1 Q, 1 QA, 13, 13A and B, 14, 15, 15A, 16, 17, 17A, 18,
18A, 19, 19A, and 2Q-23, as shown on the Wetland and Streain Impacts drawings for U-2525C
(Permit Drawing Sheets 1-70) submitted in tl-ie "Request for Modification to the Section 404
Individual Permit..." letter dated November 14, 2017;
for U-2525C utility Sites 1- 6 as shown on the Utility Const�•uction sheets UC-9, UC-1 lA, UC-
12, UC-15, and UC�23 for U-2525C, included in the "Request for Modification to the Section
404 Tndividual Permzt.. ," letter dated November 14, 2017.
In addition, the following special canditions regardFng additional compensatory miiigation,
endangered species, and archeological resources have been incorporated:
x) In order to compensate for impacts associated with this permit, mitigation shall be provided
in accordance with the pravisions outlined on the inost recent version of the attached
Compensatory Miiigation Responsibility Transfer Foi�n. The requ�rements of this form,
including any special conditions listed on this farm, are hereby incorporated as special conditions
of this permit authorization.
�) This USACE permit does not authorize you to talce a i1u•eatened or endangered species, in
particulax, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In arder to legally talce
a listed species, you must have separate authorization under the Endangered Species Act (ESA)�
(e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental talce" provisions
with which you �nust comply). The U.S. Fish and Wildlife Service's {USFWS's) Prograiaunatic
BO titled "Northern Long-eared Bat {NLEB) Progran�.matic Biological Opinion for North
Carolina Department of Transportation (NCDOT) Activities in Eastein North Carolina
(DivisFons 1-S)," dated March 25, 2015, and adopted on May 4, 2015, contains mandatory terms
and conditions to implement the reasonable and prudent measures �hat are associated with
"incidental talce" that are specified in the BO. Your authorFzation under this USACE permit is
canditioned upon your co�npliance with all the mandatory terms and conditions (incarporated by
reference into this permit) associated with incidental take of the BO. Failnre to comply with the
tei7ns and conditions associated with incidental take of the BO, where a take of the listed species
occurs, would constitute an unauthor�zed tal�e, and would also constitute nan-campliance with
your USACE permit. The USFWS is the appropx•iate authority to determine compliance with the
terms and co�ditions of its BO and with ihe ESA.
xxx) The Per�nittee shall fully implement the Amended Memorandum of Agreement between the
Permittee, the North Carolina State Historic Preservation Officer and the Wilmington District US
Army Corps of Engineers, finalized on Nove�nber 21, 2016, which is incorporated herein by
reference. {see E�h'rbit A)
All other conditio�s of the permit, including the permit expzratian date of December 31,
2019, femain in effect as written. The U-2525BC project now totals permanent impacts to
23,059 iinear feet of jurisdictzonal stream channei, 10.37 acres of adjacent riparian wetlands, and
2.14 acre of open water ponds, and 2) tlxe temporary placement of fill material i�to I,84�} linear
feet af jurisdictional stream charuiel and �.34 acre af adjacent riparian wetlands, and 3) indu�ect
0
impacts to 751 linear feet of st�'eam channel. Should you have questions, contact Mr. David E.
Bailey, Raleigh Regulatory Field Office at telephone (919) 554-4884, Extension 30.
Sincerely,
c,�-�`-� . "'�
�obert J. Clark
� Colonel, U.S. Army
1 District Comrnander
Copies Furnished with Attachment:
Ms. April Norton
Transportation Permitting Ur�it
Division of Water Resources
North Carolina Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr. Jerry Parlcer
Division Environmental Supervisor, Division 7
North Carolina Department of Transpoi-�ation
Post Off ce Box 1�}996
Greensboro, Nor�h Carolina 27415
Copies Furnished without Attachment:
Ms. Erin Cheely
North Carolina Department of Tz�ansportation Division of Highways
1598 Mail Service Center
Raleigh, North Cai.�olina 27699-1598
N1r. Chris Werner, P.E.
Techriical Services Administrator
North Carolina Departrrient of Transportation
1516 Mail Service Ceilter
Raleigh, North Carolina 27699-1516
5
U.S. Fish and Wildlife Services
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 28516
Mr. Chris Militscher
U.S. Environmental Protection Agency
Region 4 NEPA Program ��fice
61 Farsyth �treet, Souihwest
Mail Code; 9T25
Atlan#a, Georgia 30303-$960
Mr. Travis Wilson
North Carolina Wildlife Resources Commission
1.71 S Hwy 56 West
Creedmoor, North Carolina 27522
U.S. /�RiVIY CORpS 01= ENG�NEERS
Wilmir�gtar� District
Com er�sator Miti ation Res onsibilit Transfer Form
Permittee: North Carolina Department of Transportation
Project Name: NCDOT/U-2525 B and C/Division 7
Action !D: 5AW-2QQ5-21386
County: Guilford
Instructions to Permittee: Tf�� Permittee must Pro�ide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation 9ank or the North Carolina Division of Mitigation Services (NCDMS), wf�o will then sign #he form to verify the
transfer of the mitigation responsibil9ty. Once the SPonsor has signed this form, it is the Perm€ttee's responsibifity to ensure
that #o #he U.S. Army Corps of Engineers {USACEj Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otf�erwise 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 Nydro6ogic Unit Code (HUCj, multipie forms wi11 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 5ponsor; The Sponsor must verify that tf�e mitigaiion requirements {credits} shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for tf�e identified mitigation, regardless of
whether or not they ha�e recei�ed payment from the Permittee. Once the form is signed, the 5ponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledgerto 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 establisf�ed in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted
5tream Impacts (linear
*: 8-digit HUC and Basin; 030300fl2, Cape Fear River Basin
Wetland Impacts (aeres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
?0,771 1Q.3b
*!f more than one mitigation sponsor wiEi be used for the permit, only include impacts to be mitigated by this sponsor.
mpensatory Mitigation F
Stream Mitigation
Warm Cool
37,438.5
uirements:
Cold
i-digit HUC and Basin: Q30300flZ, Cape Fear River Basin
Wetland Mitigation {eredits)
arian Riverine Riparian Non-Riverine Non-Riparian
za.� .....—
Coastal
Mitigation 5ite Debited: North Carolina Division of Miti ation Services NCDMS
(List the name of the bank to be debiied. For umbre[la banks, also list the specific site. For i�CDMS, fist NCDM5. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Seccion co be completed by the Mirlgarfon 5ponsor
5tatement 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 tf�at the 5ponsor agrees to accept full responsibility for
providing tf�e rnitigation identified in this document (see the table above}, associated with tf�e USACE Permittee and Actio'n
1D number shown. I also verify that released credits (and/or advance credits for i�CDMSj, as appro�ed by the EJSACE, are
currently available at the mitigation site identified above. Further, I understand tf�at if the 5ponsor fails to pro�ide the
required compensatory mitigation, the USACE Wilmington District Engineer rnay pt�rsue measures against the 5ponsor to
ensure compliance associated with the mit�gation requirements.
Mitigation 5ponsor N
Name of 5ponsor's Authorized Representati�e:
Signature of 5ponsor's Authorized Representative Date of 5ignature
Page 1 of 2 Form Updated 14 September, 2D17
USACE Wilmington Districk
Compensatory Mitigation Responsibility iransfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mi#igation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no fonger 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 ofthis form can begin only after
the USAC� is in receipt of a copy of this document signed by the Sponsor, confirming that the 5ponsor has accepted
responsibility for praviding the mitigation Tequirements listed i�erein. For authorized impacts canducted by the North
Caroiina bepartment af Transportation (NCDOT), construction within jurisdictional areas may proceed upan permit
issuance; however, a copy of this form signed by the 5pansor must be provided to the 115AC� within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
5ponsar i�as accepted responsibility for providing the mitigation requirements listed herein.
p 5igned copies of this document must be retained by the Permittee, Mi#igation 5ponsor, and in the USAC� administrative
records for both the permit and the 6ank/fLF [nstTument. It is the Permittee's responsibility to ensure that the lJSAC�
Project Manager (address below) is pro�ided with a signed capy of this form.
o !f changes are proposed to ti�e type, amount, or focation of mitigation after this form has been signed and returned to
tF�e USACE, the 5ponsor must obtain case-by-case appra�al fram the USACE Project Manager and/or Narth CaTolina
Interagency Review Team (NCIRT). If approved, hfgher mitigation ratios may be applied, as per current D�strict guidance
and a new �ersion of this form must be completed and induded in the USACE administraYive records for both the permit
and the Bank/I�F fnsYrument.
Comments/Additional Conditions:
This Form supersedes the Compensatory Mitigation ResponsibiliYy Transfer Forms dated April 14, 2014, October
31, 2014, Uecember 4, 2a14, and ]uly 23, 2015 that were incfuded as part of the DA Permit datecf April 15, 2014
and subsequent Permit Modifications.
This modification results in a net D�CREASE in the number of stream credits required {1,152.5 fewer}, and a net
INCREASE in the number of wetland crecfits required (4.82 additionaf}, relati�e to the original DA Permit dated
April 15, 2014 and subsequent Permit Modi�cations.
Additional oh-site mitigation was required by specia! permit co�dition included in the original DA Permit dated
Aprii 15, 2414. This requirement has not changed as a result of this modification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation 5ponsor on Page i. Once
signed, the 5ponsorshould provide coples of this form along wlth an updated bank ledger to: �J the Permlttee, 2J the USACE
Prnject Manager at the acldress below, anc�3) the Wilmingtan bistrict Mifigation Office, Attn: Tadd Tugwell, 333.1 Heritage
Trade Drtve, Suite .105, Wake Farest, Nt 27587 (emaiL• todd.tugwell@usace.army,milJ. Questions regarding Yhis form or
any of the permiY canditions may be directed to the USACE PToject Manager below.
USACE Project Manager: David Bai(ey
USACE Fie1d Office: RaEeig� Regulatory Field 4fflce
115 Army Corps of Engineers
3331 Heritage Trade Dri�e, 5uite 105
Wake Forest, NC 27587
Email: David.E.Baile 2 usace.arm .mil
� '
USACE Project Manager Signature
November 28, 2017
Date of Signature
Current Wilmingtan District mitigation guidance, including information on mitigation ratios, functionaE assessments, and
mitigation bank location and a�aifability, and credit cfassifications (including stream temperature and wetfand groupings) is
availahle at http://ribits.usace.armv.mil.
Page 2 of 2
The Wilmington District is committed to pro�iding the highesC level of support to ihe pu6lic. To help us ensure we continue to do so, please complete the
Customer Sa€isfaction 5urvey located at our website at htt ; re ufato .usacesurve .com to complete the survey oniine.
Amenrlerl MOA
U-2525 B&C
Grriffard Cous�ty
AMENDED
1VIElVIORANDUM OF AGREEM�NT
AMONG THE
UNITED STATES ARMY CORPS OF ENGINEERS,
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
GRE�NSBORO EASTERN/NORTHERN iJRBAN LOOP
GUILRORD COUNTY, NC
TIP U-2525 B&C
WHEREAS, the Regulatory Division of the United States Army Corps of Engineers {USACE},
Wilmington District, is considering the issuance of a permit to the North Carolina Department o�'
Transportation (NCDOT), puxsuant to Section 404 of the Clean Water Act (33 U.S.C. 1344}, for
construction of the Greensboro Eastern/Northern Urban Loop, Guilfard County, North Carolina
(the Undertaking); and
WHEREAS, all stipulations contained in the Section 106 Memorandum of Agreement {MOA}
for this Undertaking executed in Octoher, 2008 (See Appendix A) regarding adverse effects to the
5choolfield-Hatcher Fartn remain in �'orce; and
WHEItEAS, the Undertaking will adversely effect archaeological site 31GF466, a property
determined eligible for listing in the National Register of Historic Places; and
WHEItEAS, the USACE and NCDOT have consulted with the North Carolina State Historic
Preservation Officer (SHPO), pursuant to 36 CFR 500, regulations implementiztg Section 106 of
the National Historic Preservation Act { 16 U.S.C. 470 fl and 33 CFR 325 Appendix C; and
WHEREAS, the USACE has notified the Advisory Council on Historic Preservation (Council)
of the adverse effect to site 31GF466 and it has declined to conrzment or participate in the
consultation; and
WHEREAS, the consulting parties agree that the recovery of significant information from the
archaeological site 31GF466 tt�ay be done in accordance with the published guidance; and
WHEREAS, the consulting patties agree that it is in the public interest to expend funds �'or the
recovery of sigtuficant information from archaeological site 31GF466 to mitigate the adverse
e�Ffects of the project; and "
WII�REAS, the consulting parties concur, to the best of their knowledge and 6elief, that no
Native American Tri6es or Native Hawaiian organizations attach religious or cultural importance
to the affected property, and that no objections from such groups have been raised to the work
proposed; and
WH�REAS, to the 6est of our knowledge and helief, no human remains, associated or
unassociated funerary objects or sacred objects, or o6jects of cultural patrimony as defined in the
Native American Graves Pcotection and Repatriation Act (25 U.S.C. 3001), are expected to be
encountered in the archaeological wark;
Page 1 of 5
Arnenrled tYlOA
U 2525 B&C
Grriljord Comrry
NOW, THEREFORE, ihe USACE, NCDOT, and ihe SHPO agree that the Undertaking shall be
implemented in accordance with the following stipulations in compliance with the National
Historic Preservaiion Act of 1966, as amended (16 U.S.C. 470).
I. Stip�[ations
f. The NCDOT will develop a Data Recovery Plan (DRP) for Site 31GF45b, which will be
affected by the subject projecf, in consultation with the SH�O.
2. The NCDOT will ensure that the DRP wiIl be implenrzented after Right-of-Way is
acquired and prior to construction activities within the site location as shown in the DRP.
3. Upon completion of ihe Data Recovery efforts, the NCDOT will prapare and forward a
Management Summary to the SHPO detailing the xesults of the Data Recovery field
investigations. The Management Summary will contain sufficien# information to
denrzonstrate that the field investigation portion of the DRP has been implemented.
4. Upon receipt of the Management Summary, the SHPO will respond within ten (10) days
to the recommendations cantained within the dacument.
5. Upon acceptance of the recoinmendations contained in ihe Manageinent Suminary, the
SHPO will issue the NCDOT documentation that the Data Recovery field investigations
have been completed.
6. The analysis and report preparation, detailing Site 31GF466, will be completed by the
NCDOT, or their consultants, within eighteen (18) months after coinpletion of the
fialdwark.
II. Unanficipated DiscoveN-y
In accordance with 36 CFR 800.11(a}, ifNCDOT identi�es additzonal cultural resource(s) during
construction and determine them to be eligible for the NRiIP, all work will be hal#ed within the
linrzits of the NRHP-eligible resource(s} and the USACE and SHPO contacted. If after
consultation with the Signatory and Concurring Party additional mitigation is determined
necessary, the NCDOT, in cansultation with the Signatory and Concurring Parly, will develop
and impiement appropriate protection/mitigation nrzeasures for the resource(s). Inad�e�ent or
accidental discovery af human remains will be handled in accordance with North Carolina
General Statutes 65 and 70 as well as 33 CFR 325 Appendix C.
III. Dispate Resolution
Shauld any Signatary object within (30} days ta any plans ar dacumentation pravided far review
pursuant to this Agreement, the USACE shall consult with the objecting party(ies) to resolve the
abjaction. If the USACE or objecting party(ies) determines that the objec�ian cannat be resalved,
the USACE will forward all documentation relevant to the dispute to the Advisoty Council on
Historic Preservation (Council}. Within thirly (30) days after receipt of a11 pertinent
documentation, the ��ounciI will either:
A. Provide the USACE wi�h recommendations, which the USACE will take into account in
reaching a fnal decision regarding the dispute, or
B. Notify the USACE that it will comment pursuant to 36 C�'R Section 800.7(c} and proceed #o
camment. Any Cauncil comment pravided in response ta such a request will be ta.ken into
account by the USACE, in accordance with 36 CFR Section 800.7 (c) (4} with reference to
the subject of the dispute.
Page 2 of 5
ArnenrlerlMOA
U-2525 B&C
Grridford Cor�tity
Any r.ecommendation or comment provided by the Council will be uiiderstood to pertain only to
the subject of the dispute; the USACE's responsibitity to carry out all of the actions under this
agreement that are not the subject of the dispute wili remain unchanged.
IV. Amendments
If any Signatory to this MOA beiieves that its terms cannat be carried ou�, or ihat an amendment
to the terms must be made, that party{ies} shall immediately consult with the other party{ies) to
develop amendments in accordance with 36 CFR 8b0.b{c)(7). If an amendment cannot be agreed
upon, the dispute resalution process set foith in Sectian III will be followed.
V. Termination
Any Signatory to this MOA may tarminate the agreement by providing notica to the other
party{ies), provided that the party(ies) will consult durmg the period priar to termination to seek
agreement on amendments or ather actions that would avoid termination. Termination of this
MOA will require compliance with 36 CFR 800 and 33 CFR 325 Appendix C. This MOA may
be terminated by the execution of a subsequent MOA that explicitly terminates or supersedes its
terms.
VI. Duration
Unlass terminated as detailed above, this MOA will be in effect until the USACE, in consultation
wzth the other Signatorias, determines that all of its terms have satisfactarily been fulfilled or if
NCDOT is unable or decides not ta seek issuance of a permit from the LTSACE for consttuction
of the LTndartakmg.
Execution of this Memorandum of Agreement by the LTSACE and the North Carolina SH�.O, its
subsequent filing with the Council and implementation of zts terms evidence thaf LTSACE, has
afforded the Council an opportunity ta comment an the Undertaking, and that the LTSACE, has
taken into account the effects af the Undertaking on tha archaeological site 3].GF466.
AGREED:
<
,
i `
By: �� Date: j I•� 1��
LTnited States my Corps of Engineers, Wilmington District
By: � * � Date: � � " ��" 2� �
North Car lina State Historic Pre rvation Offtcer
By: �� `?�1� Date: �! ! G I6
North Carolina Depa ent of Transportation
Page 3 of S
Ameftderi MOA
U 2523 B&C
Guilford County
AMENDED . . _ _ . .
MEMORANDUM OF AGREEMENT
AMONG THE
UNITED STATES ARMY CORPS OF ENGINEERS,
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
GREEN�BORO EA�TERN/NORTH�RN UItBAN LOOP
GUILFORD COUNTY, NC
TIP U 2525 B&C
Execution of this Me aaorandu aa of Agreenaent by the USACE and the North Carolina SHPO, its
subsequent filing with the Council and implementation of its terms evidence that USACE, has
afforded the Council an opportunity to comment on the Undertaking, and that fihe USACE, has
taken into account the ef�Fects of the Undertaking on the archaeological site 31 GF4b6.
FILED:
By: Date:
Advisory Council on Historic Preseirvation
Page 4 of 5
APPENDIX A
October 2�4$ U-2525 B&C
Me�nnorandu�nn of Agreement
An:ended MOR
U-2525 B&C
Grrilford County
Page 5 of 5