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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