20080540 Ver 1_Information Letter_20090712

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
August 12, 2009
Regulatory Division
SUBJECT: Action ID 200620445; NC Turnpike Authority/Triangle Parkway/TIP U-4763B
Steven D. DeWitt, P.E., Chief Engineer
North Carolina Turnpike Authority
1578 Mail Service Center
Raleigh, NC 27699-1578
Dear Mr. DeWitt:
Reference the Department of the Army permit issued to the North Carolina Turnpike Authority
on February 5, 2009, to authorize the discharge of fill material into waters of the United States, for
construction of Triangle Parkway toll facility (TIP U-4763B), from NC 540 to I-40, in northwestern
Wake County and southern Durham County, North Carolina. Reference also your July 10, 2009 letter,
I requesting to change the compensatory mitigation requirement for the project from an in-lieu-fee
payment to the North Carolina Ecosystem Enhancement Program (EEP) in accordance with the MOU
between the North Carolina Department of Environment and Natural Resources (NCDENR) and the
United States Army Corps of Engineers, Wilmington District (Corps), dated November 4, 1998, to
/ payment to the EEP in accordance with the Memorandum of Agreement among NCDENR, the North
Carolina Department of Transportation, and the Corps dated July 22, 2003 and amended in June 2004
and March 2007.
We have reviewed the requested modification and determined that it is appropriate and
reasonable, and no public notice is required for this modification. Therefore, the permit is hereby
modified to change special condition o), as follows:
o) NCTA will mitigate for 3,797 linear feet of unavoidable permanent impacts to
warm water streams with more than minimal function, and the 1.71 acres of impacts to wetlands,
through compensatory mitigation provided by the Ecosystem Enhancement Program (EEP),
pursuant to the EEP Memorandum of Agreement (MCA) between the State of North Carolina
and the US Army Corps of Engineers signed on July 22, 2003. The EEP will provide a total of
7,594 linear feet of restoration equivalent warm water stream channel, and 3.11 acres of
restoration equivalent riparian wetlands (1.40 acres at 2:1, 0.31 acre at 1:1)„ in the Cape Fear
River basin (Cataloging Unit 0303002). NCTA shall certify that sufficient funds have been
provided to EEP to complete the required mitigation, pursuant to Paragraph V. of the MCA.
Should you have any questions, please call Mr. Eric Alsmeyer at [phone],
extension 23.
Sincerely,
)4iVz"4
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies Furnished:
i
Mr. Brian Wrenn
Division of Water Quality
North Carolina Department of
Environment and
Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
Clarence Coleman
Federal Highway Administration -
310 New Bern Ave., Rm 410
Raleigh, North Carolina 27601-1442
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