20100362 Ver 1_Information Letter_20110526

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 26, 2011
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: Correction to 401 Water Quality Certification for the proposed improvements to US 17 from the Jacksonville
Bypass to Drummer Kellum Road in Onslow County, DWQ Project No. 20100362.
WQC No. 003835.
Dear Dr. Thorpe:
This letter is in regards to the 401 Water Quality Certification (WQC) issued on August 26, 2010 for US 17 from the
Jacksonville Bypass to Drummer Kellum Road in Onslow County (DWQ Project No. 20100362; WQC No. 003835).
Corrections to this certification are outlined below.
Condition No. 7 contains the following language:
"Compensatory mitigation for 2,917 linear feet of impact to streams is required at a 1:1 ratio. We understand
that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project.
EEP has indicated in a letter dated August 16, 2010 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the
Tri-Party MCA signed on July 22, 2003 and the Dual-Party MCA signed on April 12, 2004."
This language is hereby corrected to read as follows:
"Compensatory mitigation for 2,917 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina. Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a letter dated August, 16, 2010 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the North
Carolina Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument signed July 28, 2010. "
Condition No. 8 contains the following language:
"Compensatory mitigation for impacts. to 8.26acres wetlands (2.50 acres riparian; 5.76 acres non-riparian) is
required. Since Sections C and D are to be constructed post-year, the DWQ is not requiring mitigation for
potential impacts for these sections at this time. However, mitigation for these sections will need to be provided
in the application for modification.
We understand that you have chosen to perform compensatory mitigation for impacts to 5.76 acres non-riparian
wetlands through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to
implement the mitigation for the project. EEP has indicated in a letter dated August 16, 2010 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
Transportation Permitting Unit - One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NOrthCarOllna
Location: 512 N. Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone] p t' Q?l?` ?t`??
Internet: hftp:llportal.ncdenr.orgiviebiwq
An Equal Opportunity \ Affirmative Action Employer -
above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party
".' MOA signed on April 12, 2004.. , , ` ° • .. 111 . ' . " "'
Impacts to 2.50 acres of riparian wetlands will be debited from the NCDOT's Clayhill Mitigation Site. The site is
located in Jones County in HUC 03020106, adjacent to the project HUC (03030001). Since no riparian credits
are available within HUC 03030001, it is DWQ policy to debit adjacent HUCs at a 3:1 ratio.
Mitigation for unavoidable impacts to wetlands for this project is summarized below:"
Wetl and Type Impact (acres) Ratio Credits Required Mitigation Source
Non-Riparian 5.76 2:1 11.52 EEP
Riparian 2.50 3:1 7.5 Clayhill Mitigation Site
TOTAL: 8.26 >\ 19.02
This language is hereby corrected to read as follows:
"Compensatory mitigation for impacts to 8.26acres wetlands (2.50 acres riparian; 5.76 acres non-riparian) is
required. Since Sections C and D are to be constructed post-year, the DWQ is not requiring mitigation for
potential impacts for these sections at this time. However, mitigation for these sections will need to be provided
in the application for modification.
We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the
North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the
mitigation for the project. EEP has indicated in a letter dated August 16, 2010 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory.mitigation requirements for the above-
referenced project, in accordance with the North Carolina Department of Environment and Natural Resources
Ecosystem Enhancement Program In-Lieu Fee Instrument signed July 28, 2010.
Impacts to 2.50 acres of riparian wetlands will be debited from the NCDOT's Clayhill Mitigation Site. The site is
located in Jones County in HUC 03020106, adjacent to the project HUC (03030001). Since no riparian credits
are available within HUC 03030001, it is DWQ policy to debit adjacent HUCs at a 3:1 ratio.
Mitigation for unavoidable impacts to wetlands for this project is summarized below:"
Wetland Type Impact(acres) Ratio Credits Required Mitigation Source
Non-Riparian 5.76 2:1 11.52 EEP
Riparian 2.50 3:1 7.5 Clayhill Mitigation Site
TOTAL: 8.26 X 19.02 ?

Please attach a copy of this letter with any copies of the original Water Quality Certification. All other conditions
written into the previous Water Quality Certification for this project dated August 26, 2010 still apply except where
superceded by this correction. We apologize for any inconvenience this may have caused. If you have any questions
please contact David Wainwright at [phone].
Sincerely,
7
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(tCbleen Sul ms, °
Director
cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Steve Sollod, Division of Coastal Management
Mason Hemdon, Fayetteville Regional Office
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