20021217 Ver 1_Mitigation Information_20190729

Strickland, Bev
From: Davis, Erin B
Sent: Monday, July 29, 2019 12:32 PM
To: Browning, Kimberly D CIV USARMY CESAW (US)
Cc: Haupt, Mac
Subject: RE: [External] RE: Mitigation Site Encroachment for B-4926 (UNCLASSIFIED)
Ki m,
With all impacts considered, Alternative 3 (preferred alternative) appears to be the best compromise.
Thanks,
Erin B. Davis, PWS
Stream & Wetland Mitigation Specialist
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
919-707-3684 office
[e-mail]
-----Original Message -----
From: Browning, Kimberly D CIV USARMY CESAW (US) [mailto:[e-mail]]
Sent: Monday, July 29, 2019 12:08 PM
To: Haupt, Mac <[e-mail]>; Davis, Erin B <[e-mail]>
Subject: [External] RE: Mitigation Site Encroachment for B-4926 (UNCLASSIFIED)
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CLASSIFICATION: UNCLASSIFIED
Do you two want to comment on this encroachment? Hauser is getting pushy. Todd informed him we gave the IRT until
Aug 2.
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG (r)
-----Original Message -----
From: Hauser, James W [mailto:[e-mail]]
Sent: Monday, July 29, 2019 11:33 AM
To: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>

Cc: Bob Lepsic <[e-mail]>; Matthews, Monte K CIV USARMY CESAW (US)
<Monte. K. [e-mail]>; Steffens, Thomas A CIV USARMY CESAW (USA)
<[e-mail]>; Browning, Kimberly D CIV USARMY CESAW (US)
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Mitigation Site Encroachment for B-4926
NCDOT Division 2 was planning to submit their permit application for this project in August. Unfortunately, because this
parcel was not shown on any of the GIS mitigation mapping, it was not identified as a mitigation site until the ROW
process had begun. As a result, the schedule for resolving this issue has been shorter than any of us would like.
If the IRT can confirm that the proposed bridge design is acceptable, it may be possible for Division 2 to submit their
permit application on schedule. We can then discuss the remaining issue of quantifying impacts and appropriate
compensation at the Aug. 13 IRT meeting. Are there any remaining concerns regarding the proposed project design?
-----Original Message -----
From: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, July 26, 2019 10:26 AM
To: Hauser, James W <[e-mail]>
Cc: Bob Lepsic <[e-mail]>; Matthews, Monte K CIV USARMY CESAW (US)
<Monte. K. [e-mail]>; Steffens, Thomas A CIV USARMY CESAW (USA)
<[e-mail]>; Kim Browning <[e-mail]>
Subject: RE: [External] RE: Mitigation Site Encroachment for B-4926
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attachment to [e-mail]<maiIto: [e-mail]>
James, I believe the deadline for IRT comment on this is Aug. 2nd. So far we have received comment from WRC and
EPA, which I have included below. Given the timing, I think it makes sense to address this during the IRT meeting on the
13th so that we can try to reach a consensus on how to address replacement of the mitigation. At that point, we will
have received all the comments from the IRT.
Also, after reviewing the information in the submittal, I was wondering if Restoration Systems is still the CE holder, or
was the CE ever transferred to another entity (either DOT Stewardship or the Stewardship Program)? If not, has anyone
approached RS regarding the encroachment? If they are the holder of the easement still, I think that would be
necessary.
Thanks,
Todd TugwelI
Mitigation Project Manager
Wilmington District, US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[phone] ext. 58
Travis Wilson, WRC:
(Received July 5, 2019)

WRC does not object to the preferred alternative 3.
Todd Bowers, EPA:
(received July 19, 2019)
Thank you for the opportunity to provide feedback and comments pertaining to the request by North Carolina
Department of Transportation (NCDOT) to conduct bridge replacements and impact protected wetlands along the NC 55
corridor over the Neuse River near Kinston, Lenoir County, North Carolina. The EPA Region 4 Ocean, Wetlands and
Stream Protection Branch has reviewed the documents forwarded via email pertaining to the aforementioned request
to the North Carolina Mitigation Banking IRT dated May 31, 2019.
The purpose of the proposed project is to replace Bridges #20 and #34 on NC 55 over the Neuse River to allow continued
use of the roadway by motorists, pedestrians and cyclists. It is our understanding that the proposed NCDOT design
alternatives will impact various portions of a North Carolina Division of Mitigation Services (NCDMS) wetland
preservation conservation easement known as the Manning Site, a parcel of the Sleepy Creek Mitigation Site with a
conservation easement held by Restoration Systems, LLC. Four design alternatives were investigated with the preferred
alternative being a new alignment to the south due to reduced impacts to the community and the aquatic environment.
It is understood that with a preferred alternative selected, design had progressed to the 65% stage before discovering an
existing conservation easement (CE) on an adjacent property in the southeast quadrant as result of lost information
about the Sleepy Creek Manning Site in NCDEQ and USACE files.
The EPA Region 4 concurs with NCDOT's analysis, request to encroach the Sleepy Creek Mitigation Site to replace bridges
along NC 55 over the Neuse River, and the selection of the preferred alternative. Preferred Alternative (#3 Replacement
to the south) has the fewest overall wetland impacts (1.2 acres) and allows for on-site mitigation although most of the
impact is within the CE. This alternative also allows for up to an acre of on-site wetland restoration.
With its preferred alternative, NCDOT has requested to impact the Sleep Creek Mitigation Site and replace those impacts
with on-site mitigation of approximately one acre. In previous similar situations of mitigation site encroachment the IRT
has previously applied a 2:1 replacement ratio for impacts. Therefore, the EPA recommends that the NCDOT provide an
additional 1.4 acres of wetland mitigation to compensate for the losses within the CE (1.09 acres) and the additional
0.11 acres of additional impacts. This accounts for loss of function at the impact site and the temporal loss due to
replacement as on-site mitigation. Finally, I would encourage input from the NCDMS as to how they would prefer to be
compensated for losses to one of their assets.
Thank you for the opportunity to provide feedback and comments on the aforementioned request by NCDOT to
encroach upon the Sleep Creek Mitigation Site in Lenoir County, North Carolina. As always we welcome additional
discussion on the matter as an IRT member and that consensus is reached in a timely manner.
----Original Message -----
From: Hauser, James W [mailto:[e-mail]]
Sent: Tuesday, July 23, 2019 3:48 PM
To: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>
Cc: Bob Lepsic <[e-mail]>; Matthews, Monte K CIV USARMY CESAW (US)
<Monte. K. [e-mail]>; Steffens, Thomas A CIV USARMY CESAW (USA)
<[e-mail]>; Browning, Kimberly D CIV USARMY CESAW (US)
<[e-mail]>
Subject: [Non-DoD Source] FW: [External] RE: Mitigation Site Encroachment for B-4926
Has the IRT had a chance to review this project? NCDOT Division 2 was hoping to submit a permit application in August.
Thanks.

-----Original Message -----
From: Hauser, James W
Sent: Friday, June 28, 2019 10:32 AM
To: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>
Subject: RE: [External] RE: Mitigation Site Encroachment for B-4926
Thanks for the update.
-----Original Message -----
From: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, June 28, 2019 9:36 AM
To: Hauser, James W <[e-mail]>
Cc: Bob Lepsic <[e-mail]>; Matthews, Monte K CIV USARMY CESAW (US)
<Monte. K. [e-mail]>; Steffens, Thomas A CIV USARMY CESAW (USA)
<[e-mail]>; Kim Browning <[e-mail]>
Subject: [External] RE: Mitigation Site Encroachment for B-4926
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attachment to [e-mail]<maiIto: [e-mail]>
James,
I have not sent this to the IRT as of yet. We are still reviewing this internally.
Also, FYI Andrea is no longer we with the District.
Thanks,
Todd Tugwell
Mitigation Project Manager
Wilmington District, US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[phone] ext. 58
-----Original Message -----
From: Hauser, James W [mailto:[e-mail]]
Sent: Friday, June 21, 2019 12:02 PM
To: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Hughes, Andrea W CIV USARMY CESAC
(USA) <[e-mail]>
Cc: Bob Lepsic <[e-mail]>
Subject: [Non-DoD Source] FW: Mitigation Site Encroachment for B-4926
Has the IRT had a chance to review this project?
From: Hauser, James W
Sent: Wednesday, June 5, 2019 3:36 PM
To:'[e-mail]' <[e-mail]>; [e-mail]

Cc: Paugh, Leilani Y <[e-mail]>; Bob Lepsic <[e-mail]>
Subject: Mitigation Site Encroachment for B-4926
NCDOT proposes to replace two bridges on NC 55 over the Neuse River, east of Kinston in Lenoir County (B-4926). It has
recently been discovered that one of the adjacent properties which will be affected by the preferred alternative is an
existing mitigation site, with a conservation easement attached to the property deed. The property in question is one of
four parcels that comprise the Sleepy Creek Wetland and Riparian Buffer Mitigation Site in HUC 03020202. NCDOT
Division 2 has prepared the attached packet of documentation, which includes the relevant items from the site's history,
as well as the proposed alternatives and design for B-4926 and potential impact calculations.
Most of the documentation for the Sleepy Creek Mitigation Site concerns the wetland restoration and enhancement
components of the project, which were implemented on one of the four parcels in western Lenoir County. However, the
Sleepy Creek mitigation plan also identifies 380 acres of riparian preservation, which are included in the overall project
and distributed among three sites: Manning, Valentine, and Taylors Creek. A map of these properties from the
mitigation plan is included in the attached documentation packet. The preferred alternative for B-4926 will affect the
Manning property. This property is currently in private ownership, with a conservation easement attached to the deed
and held by Restoration Systems, LLC., the Sleepy Creek Mitigation Site developer.
The Sleepy Creek Mitigation Site was originally developed in response to an RFP from NCDOT. Monitoring is complete
and the site is closed out. Approved credits from the mitigation site were transferred to NCDMS and added to their
mitigation debit ledger. The NCDMS debit ledger showed an initial balance of 380 acres of riparian preservation credits
for the Sleepy Creek bank, which is the same quantity identified in the mitigation plan and the monitoring reports.
According to NCDMS, there were 375.04 acres of riparian preservation remaining undebited as of May 13, 2019. The
last riparian preservation debit occurred in 2008. The NCDEQ Stewardship Program has confirmed that the Manning
property is not included in their long-term stewardship reviews.
NCDOT Division 2 would like to proceed with permitting of B-4926 in August 2019. Please review the attached packet
regarding the potential encroachment of this project on the Manning property. If you have any questions or concerns
about the proposed alignment or design, please let us know. Thank you for your cooperation with this project
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
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Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.
CLASSIFICATION: UNCLASSIFIED