20050785 Ver _Information Letter_20090223

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(09 IN REPLY REFER TO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000 •J
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Regulatory Division
ORM ED SAW-199301143
Dr. Gregory J. Thorpe, Ph. D.
February 19, 2009
Environmental Manager Director
Project Development and Environmental Analysis Branch
NC Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Reference the Department of the Army permit issued to you on January 17, 2006, for Section
A and January 17, 2007, for Section B of the U.S. Highway 17 Washington Bypass project (R-
2510), starting from 0.5 mile south of Possum Track Road (NCSR 1127) south of Chocowinity,
in Beaufort County and ending at U.S. 17 north of SR 1509 (Springs Road). Also reference your
January 27, 2009 request for modification of the Section B permit to allow for in-water
construction work within the fisheries moratorium period.
Your modification request was coordinated and discussed in detail with the appropriate State
and Federal resource agencies and agreement was reached to allow for permit modification
provided the following conditions are met. The only changes to the Section B permit are those
submitted in your January 27, 2009 and February 19, 2009 modification requests as addressed
below. All authorized activities and conditions associated with the original permit and any other
corresponding modifications remain in full force and effect except where superseded by this
specific modification.
1. The Permittee shall develop and conduct a study to monitor the effects of in-water pile
driving work on anadromous fishes. The study shall be designed and implemented by an
independent, third party and approved by the U.S. Army Corps of Engineers (Corps) in
coordination with the appropriate resource agencies prior to the commencement of any in-water
pile driving work.
2. The Permittee shall submit the final study plan to the Corps no, later than March 6, 2009
for review and approval. Testing pursuant to the plan must begin before any in-water pile
driving work commences. The Permittee shall continue to monitor pursuant to the approved
study throughout the period that in-water pile driving is being conducted during the moratorium.
,I-
3. Upon approval and implementation of the fisheries study plan, the Permittee may continue
in-water pile driving work one twenty-four (24) hour period out of every seven (7) consecutive
calendar days through April 30, 2009. The Permittee shall not exceed a cumulative total pile
driving time of 4 hours per day without prior approval from the Corps.
4. If the Permittee documents mortality of any of the following fish species with respective
numbers, all in-water work shall immediately cease and the Pennittee shall immediately contact
the Corps for further evaluation.
a. Sturgeon - 1 fish for the entire moratorium period
b. 25 fish per bent installation in any combination of the following species:
• River Herring
• Hickory Shad
• American Shad
• Striped Bass
5. Stump removal at the bent locations may proceed upon receipt of this modification.
The permit is hereby modified to include the work as indicated above. It is understood that
all conditions of the original permit remain applicable and that the expiration date is unchanged.
Thank you for your time and cooperation. If you have any questions, please contact Mr.
William Wescott of my Washington Regulatory Field Office Staff at telephone [phone],
extension 31.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
Mr. Steve Sollod
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-16387
Mr. Brian Wrenn
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Louis B. Daniel III
NC Division of Marine Fisheries
North Carolina Department of Environment
and Natural Resources
Post Office Box 769
Morehead City, North Carolina 28557