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HomeMy WebLinkAbout20090104 Ver 6_Mitigation Information_20180530¢��Nr oF p�.n 4e 2 w � , u� a ,� a::�lll�;+"� i m :' pc' � � M4 p ST1iC5 OS P' Regulatory Division/1200A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE W�LMINGTON, NORTH CAROLINA 28403-1343 May 15, 2018 Action ID: SAW-2008-01316; TIP No. R-2814 Phil S. FIarris, III, P.E., CPM North Carolina Department of Transportation (NCDOT) Project Development and Environmental Analysis Unit 1598 Mail Service Center Raleigh, North Carolina 27699-1548 Deaz Mr. Harris: COPY Reference the Department of the Army pemut issued to the North Cazolina Department of Transportation (NCDOT) on July 14, 2009, to authorize the dischazge of fill material into waters of the Uaited States, for construction oF Section A- D of the US 401 improvements (TIP No. R- 2814), from SR 2044 (Ligon Mill Road) in Wake County to SR 1700 (Fox Pazk Road), in Franklin County, NoRh Carolina. Reference also subsequent modifications dated June 25, 2010, December 20, 201Q November 4, 2014, and December 5, 2016, and your Niay 9, 2018 letter, requesting modification of the pemiit for Section C, to authorize additional impacts from design changes. The design changes result in the following changes Co impacts: i. an additional 0.03 acre of inechanized clearing wetland impacts ii. an additional � lineaz Yeet oY permanent loss stream impact The increased impacts are necessary for a new driveway access, and for a desi�m change that raised the road grade. We have reviewed ihe requested modification, and determined that it is appropriate and reasonable, and that no public notice is required for this modification. Therefore, the permit is hereby inodified to authorize the changes listed and shown in the modified drawings in the May 9, 2018 modiflcation request, for a net increase in pennane�t wetland impacts of 0.03 acre, and in permanent stream impacts of 5 lineaz feet. n���� M 2 D I,u \/ L5 MAY 3 0 ZO18 DENR•WATER RESOURCES TAAN3PORTATKKJ PERMIITING UNfT Prinletl cn � RocYcled Paper -2- Additional mitigation of 0.03 acre wetland credits, and l O linear feet of stream credits is required for the additional permanent impacts to streams and wetlands. Special Conditions, below, will apply to the attached Compensatory Mitigation Responsibility Transfer Form, which requires additional mitigation beyond that required for the original individual pernut and previous modifications Special Conditions. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. All other conditions of the permit, including the permit expiration date of December 31, 2020, and the other mitigation requirements, remain applicable. Should you have any questions, please call Mr. Eric Alsmeyer at (919) 554-4884, e�ension 23. FOR THE COMMANDER 4 - obert J. Clark � Colonel, U.S. Army Disirict Commander Enclosures Copies Furnished: Ms. Amy Chapman Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, NC 27699-1650 Mr. Clarence Coleman Federal Highway Administration 310 New Bern Ave., Rm 410 Raleigh, North Carolina 27601-1442 Printed on� Recycled Paper Mr. Jason Dilday North Carolina Department of Transportation Division of Highways 1598 Mail Service Center Raleigh, North Cazolina 27699-1598 Ms. Beth Harmon NCDOT Coordinator Division of Mitigation Services Department of Environmental Quality 1652 Mail Service Center Raleigh, North Cazolina 27699-1652 -3- PriMetl an� Recyt�lad Pepa U.S. ARMY CORPS OF ENGINEERS Wilmington Distrid Compensatorv Mitisation Responsibilitv Transfer Form Permittee: NCDOT, Div. 5 Action ID: SAW-2013-00668 Project Name: TIP R-2814C; US 401 Widening (Mod 5) County: Franklin Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Caro�ina Division of Mitigation Services (NCDMSj, who will then sign the form to verify the trensfer 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 capy of this form before conducting authorized impac[s, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacis and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the pertnit, 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 thatthe mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledgerto the Permittee, the USACE Project Manager, and the Wilmington District Mitigation O�ce (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permhted Impacts and Compensatory Mkigation Requirements: *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Mkigation Ske Debked: NCDMS (Listthe name of the bank to be debited. For umhrella banks, also listthe specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Sedlon to be comp/eted by the MKigatton Sponsor Statement of Mftigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation trensac[ions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to atcept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilming[on District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirementr. Mitigation Sponsor Name: Name of Sponsor's Authorized Authorized Date of Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Trensfer 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 requirementr 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 impacis 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 pertnit 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 fortn. � 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 retios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administretive records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: 7his form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once stgned, the Sponsorshou/d provide copies of this form a/ong with an updated bank ledger to:1) the Permittee, 2J the USACE Projec[ Manager at the address be/ow, and 3J the Wilmington Dist�id Mitigatlon Ojfice, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587(emafL• todd.tugwell�usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Offlce: Email: Eric Alsmeyer Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trede Drive, Suite 305 Wake Forest, North Carolina 27587 eric.c.alsmeye r� usace.a rmy. m il � � Q.� ALSMEYER.ERIC.C.1087624486 �TU��""F�''�-2018.05.15 72:13:00-04'00' USACE Project Manager Signature Mav 15. 2018 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 tempereture and wetland groupings) is available at htto://ribits.usace.armv.mil. Page 2 of 2 7he Wilmington Dis[ric[ Is committed to providing the highert level of support to the pu6lit. To help us ensure we continue to do so, please complete the Cus[omer Satisfaction Survey located at our we6si[e a[ http://reQula[orv.usacesunev.com/ to tomplete [he survey online.