20120073 Ver 2_Other Agency Comments_20120830

Regulatory Division/1145b
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403 1343
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August 27 2012
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SUBJECT Action ID 2009 00439 TIP No R 2241A
Mr Gregory J Thorpe, Ph D
North Carolina Department of Transportation
Division of Highways
1598 Mail Service Center
Raleigh, North Carolina 27699 1598
Dear Dr Thorpe
Reference the Department of the Army permit issued to the North Carolina Department of
Transportation (NCDOT) on June 6, 2012 to authorize the discharge of fill material into waters of
the United States for construction of Section A of the US 501 improvements (TIP No R 2241A),
from NC 49 in Roxboro to SR 1602 (Jesse Banks Road), in Person County, North Carolina Also,
please reference your July 30, 2012 letter requesting modification of the permit for a net decrease
of permanent loss impacts to streams with more than minimal function, an increase of streambank
stabilization impacts and a net decrease of temporary impacts to streams These changes in
impacts result from design modifications to provide additional necessary stream bank protection
re calculation of impacts and necessary relocation of a natural gas pipeline main Additional
mitigation is not proposed because the revisions result in a net decrease of permanent loss impacts
to streams with more than minimal function
We have reviewed the requested modification and determined that it is appropriate and
reasonable and that no public notice is required for this modification Therefore the permit is
hereby modified to include the changes listed and shown in the modified drawings in the July 30
2012, modification request for a net decrease of permanent loss impacts to streams with more
than minimal function of 12 linear feet an increase of stream bank stabilization impacts of 86
linear feet and a net decrease of temporary impacts to streams of 86 linear feet and to include the
revised mitigation requirement below This section of the project will now permanently impact
3 381 linear feet of streams (including 3,184 linear feet of stream with more than minimal
function) and 2 38 acre of wetlands, impact 525 linear feet of streams for stream bank
stabilization, and temporarily impact 772 linear feet of streams
k) In order to compensate for permanent losses of 3,184 linear feet of stream with more
than minimal function and 2 38 acres of wetlands, the permittee shall make payment to the
North Carolina Ecosystem Enhancement Program ( NCEEP) in the amount determined by
the NCEEP sufficient to perform the restoration of 6 364 linear feet of warm water stream
Printed on ® JOIN Recycled Paper

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and 5 76 acres of riparian non- riverine wetlands in the Lower Dan River Basin Cataloging
Unit O3010104 Construction within jurisdictional areas on the property shall begin only
after the permittee has made full payment to the NCEEP and provided a copy of the
payment documentation to the Corps and the NCEEP has provided written confirmation
to the Corps that it agrees to accept responsibility for the mitigation work required in
compliance with the NCEEP In -Lieu Fee Instrument, approved by the United States Army
Corps of Engineers Wilmington District on July 28 2010
All other conditions of the previously modified permit including the permit expiration
date of December 31 2017 remain applicable
Should you have any questions please call Mr Eric Alsmeyer at [phone]
extension 23
Sincerely
141clu"'i
Steven A Baker
Colonel US Army
District Commander
Copies Furnished
Ms Amy Chapman
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh NC 27699 1650
Mr Clarence Coleman
Federal Highway Administration
310 New Bern Ave, Room 410
Raleigh, North Carolina 27601 1442
Mr J W Bowman PE Division Engineer
North Carolina Department of Transportation
Division of Highways
2612 North Duke Street
Durham North Carolina 27704

Ms Beth Harmon
North Carolina Ecosystem Enhancement Program
(by e mail)