HomeMy WebLinkAbout20120142 Ver 5_USACE Permit_20190813Carpenter, Kristi
From: Sullivan, Roscoe L III CIV (US) <Roscoe.L.Sullivan@usace.army.mil>
Sent: Tuesday, August 13, 2019 1:04 PM
To: King, Art C; garyjordan@fws.gov; Jones, Brandon H; Norton, April R; Harmon, Beth
Cc: Matthews, Monte K CIV USARMY CESAW (US); Dilday, Jason L; Rivenbark, Chris;
Williams, Andrew E CIV USARMY CESAD (USA)
Subject: [External] FW: SAW-1996-03023 Permit Mod for R-3421 (UNCLASSIFIED)
Attachments: Signed Mod_letter2_R3421_SAW199603023.pdf, SAW-1996-03023 mod AB mitigation
transfer form.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.Spam@nc.gov<maiIto: report.spam@nc.gov>
CLASSIFICATION: UNCLASSIFIED
Good afternoon all,
Please see the attached permit modification letter and MRT Form for R-3421.
Beth: This permit modification requires payment into the NCDMS to compensate for unavoidable impacts to streams
and wetlands.
Please feel free to reach out with any questions or concerns.
Best regards,
Ross
Ross Sullivan, PWS, ISA Certified Arborist Regulatory Specialist Raleigh Regulatory Field Office U.S. Army Corps of
Engineers - Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office #: 919-554-4884. Ext. 25
Email: roscoe.l.sullivan@usace.army.mil
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-----Original Message -----
From: Matthews, Monte K CIV USARMY CESAW (US)
Sent: Tuesday, August 6, 2019 9:12 AM
To: Rivenbark, Chris <crivenbark@ncdot.gov>; Dilday, Jason L <jldilday@ncdot.gov>
Cc: Williams, Andrew E CIV USARMY CESAD (USA) <Andrew.E.Williams2@usace.army.miI>; Sullivan, Roscoe L III CIV (US)
<Roscoe.L.Sullivan@usace.army.mil>
Subject: mod for 3421
Here you go, I think this addresses everything.... but let me know if I've missed something.
Monte
Monte Matthews
Regulatory Division
Wilmington District, USACE
(919) 554-4884 X31
CLASSIFICATION: UNCLASSIFIED
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 6, 2019
Regulatory Division
Action ID No. SAW- 1996-03023
Mr. Philip S. Harris III, P.E., C.P.M
Natural Environment Section Head
NC Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
Reference the Department of the Army (DA) permit issued on August 7, 2012, to
Mr. Gregory J. Thorpe, of the North Carolina Department of Transportation for impacts
associated with the widening and new lane construction project identified as R-3421A, B
and C. The widening portion of the proposed project is located along US 220 from the
US 220 Ellerbe Bypass to SR 1304 (Harrington Road), between Ellerbe and Rockingham,
North Carolina. The new location portion of this project is located from SR 1304
(Harrington Road) to the US 74 Bypass, west of Rockingham, North Carolina. The site
contains tributaries and adjacent wetlands that are within the Yadkin River basin.
Impacts authorized by the original permit include: 1) The placement of fill material
into 13,569 linear feet of jurisdictional stream channel, 14.54 acres of wetlands and 2.58
acres of open water ponds. At time of permit issuance, R-3421 C consisted of final
designs; whereas, R-3421 sections A and B were in preliminary plan state. Compensatory
mitigation was implemented for the unavoidable impacts to R-3421 C by payment into
the North Carolina Division of Mitigation Services Program.
On October 17, 2012, the Corps issued a modification to this permit to include a
temporary discharge of fill material within 27 linear feet of jurisdictional stream channel,
associated with the construction of a temporary detour. The permit was also modified by
request dated April 20, 2016, for the proposed permanent impacts to 0.13 acre of adjacent
wetlands and temporary impacts to 10 linear feet of stream associated with the
mechanized clearing of a 30 foot maintenance corridor for the relocation of an existing
Piedmont Natural Gas (PNG) 4-inch gas line.
0
Please reference your modification request dated December 1, 2017, for a permit
expiration date extension for an additional five (5) years. Also reference your July 18,
2019, modification request to authorize construction on the A & B sections since plans
for these sections have progressed to final design. The Corps has completed the
evaluation of your requests and determined that both are appropriate and reasonable, and
no public notice is required for these modifications. Therefore, the permit is modified to
extend the expiration date for an additional five (5) years to December 31, 2022, and to
authorize construction for sections A & B. The authorized construction must be
constructed as indicated in the modification plans submitted with your July 18, 2019
request, and the revisions dated July 25, 2019 and July 30, 2019. In addition, this
modification approval includes the following special conditions:
August 2019 revision, SC #1. In order to compensate for impacts associated
with this modification, 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.
August 2019 revision, SC #2. All surveys discussed within the July 18, 2019
modification request will be completed as proposed.
All other conditions of the permit remain in effect as written. Should you have
questions, contact Mr. Andrew Williams, Raleigh Regulatory Field Office at telephone
(919) 554-4884, Extension 26.
FOR THE COMMANDER
i�odf� Date: 2019.08.06
08:59:56-04'00'
Robert J. Clark
Colonel, U.S. Army
District Commander
Enclosure
Copy Furnished (w/o enclosure):
Ms. April Norton
DEQ- Water Quality Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699
Mr. Brandon H. Jones, PE
Division Engineer
NCDOT Division 8
902 N Sandhills Blvd.
Aberdeen, NC 28315
Mr. Art King
Division Environmental Officer
NCDOT Division 8
902 N Sandhills Blvd.
Aberdeen, NC 28315
Mr. Gary Jordan
US Fish and Wildlife Services
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NCDOT, Phil Harris, Natural Environment Section Head Action ID: SAW-1996-03023
Project Name: R-3421 A&B County: Richmond
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer 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 copy of this
form before conducting authorized impacts, unless otherwise 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 Hydrologic Unit Code (HUC), multiple forms will 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 Sponsor: The Sponsor must verify that the 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 ledger to 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 established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040201, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
7,577
0
0
4.48
1 0
0
0
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040201, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
15,154
0
0
8.96
0
0
0
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement 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 that the Sponsor agrees to accept 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 Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer 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 requirements 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 impacts 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 permit 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 form.
• 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 ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: None
This reflects impacts and required mitigation for Sections A and B only. Section C has been previously constructed and
mitigated.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: 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: Andy Williams
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: Andrew.e.williams2@usace.army.mil
�oRk- Date: 2019.08.06
'�"JgLo-2- 09:03:12-04'00'
USACE Project Manager Signature
Page 2 of 2
August 5, 2019
Date of Signature
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatorV.usacesurvey.com/ to complete the survey online.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 1 of 2 Form Updated 23 November, 2015