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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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;? o° 61 FORSYTH STREET
't onotE ATLANTA. GEORGIA 30303-8960
February 3, 2009
Mr. David Baker, Project Manager
Asheville Regulatory Field Office
Wilmington District, Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Subject: North Carolina Department of Transportation; U.S. Highway 221 from the South
Carolina line to U.S. 74 Bypass in Rutherford County (TIP No. R-2233A).
Action I.D. ##SAW-2008-2242
Dear Mr. Baker:
This is in response to the Public Notice for North Carolina Department of Transportation
(NCDOT), dated January 26, 2009, to widen U.S 221 from the South Carolina state line to the
U.S. 74 Bypass in Rutherford County (TIP Number R-2333A). As proposed, the project would
fill 0.01 acres of jurisdictional wetlands and 2,870 linear feet of streams in the Broad River Basin
(Hydrologic Units 03050105). As compensatory mitigation for the impacts, NCDOT proposes to
pay Ecosystem Enhancement Program (EEP). However, a mitigation ratio is not discussed in the
public notice or in the permit application materials.
The U.S. Environmental Protection Agency, Region 4, Wetlands & Marine Regulatory
Section reviewed the public notice,.the permit application, and other documents related to the
project. Since there appears to be no currently proposed mitigation ratio, we recommend that the
applicant be required to provide mitigation at a 2:1 ratio. Payment to EEP is acceptable.
Thank you for the opportunity to comment on this project. If you have any questions or
comments, please contact Kathy Matthews, of my staff, at [phone].
Sincerely,
Jennifer. . Derby
Chief
Wetlands and Marine Regulatory Section
cc: Marella Buncick, USFWS
Brian Wrenn, NCDWQ
Marla Chambers, NCWRC
Greg Thorpe, PDEA
Donnie Brew, FHWA
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