20010550 Ver 3_Other Agency Comments_20071130

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 29, 2007
Regulatory Division
SUBJECT: Action ID 2007-03114-292; TIP No. R-2809
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
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Reference the Department of the Army (DA) permit issued on Apri14, 2002, and
subsequently modified, to authorize the discharge of dredged and fill material into the waters of
United States, for construction of Sections A, B, and C of the NC 98 Wake Forest Bypass
(T.I.P.No. R-2809), located generally south of Wake Forest, in Wake County, North Carolina.
Reference also your September 10, 20071etter requesting modification of the permit to authorize
additional impacts for Section A of R-2809 based on final design, as well as revised plans for the
restoration of the temporary stream and wetland impacts at Site 5 of Section C.
~We have reviewed your proposal, issued a public notice for the proposal on October 11, 2007, and
have determined that the proposed modification is reasonable and justified. Therefore, the permit is
hereby modified to include the revised impacts to an additiona12641inear feet of stream, for total
impacts to 3541inear feet of stream and 0.01 acre of wetlands for Section A, as shown on the attached
drawings, subject to additional Special Conditions 1) and 2) below.
1) Within 270 days from the date of this permit modification, the permittee shall complete the
restoration of the temporary stream and wetland impacts at Site 5 in Section C (Station 85+20 -L- LT),
as shown in the revised construction plans for Section C at Buffer Sites 4 and 5, in the September 10,
2007 permit modification application.
2) Compensatory mitigation for the unavoidable impacts to 0.01 acre of non- riparian wetlands, and .
95 linear feet of stream associated with Section A of the proposed project shall be provided by the
Ecosystem Enhancement Program (EEP), as outlined in the letter dated August 29, 2007 from William
D. Gilmore, EEP Director. Pursuant to the EEP Memorandum of Agreement (MOA) between the State
of North Carolina and the US Army Corps of Engineers signed on July 22, 2003, the EEP will provide

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0.02 acre of restoration equivalent non- riparian wetlands, and 1901inear feet of restoration equivalent
warm water stream channel in the Neuse River basin (Hydrologic Cataloging Unit 03020201) by one
year of the date of this permit. For wetlands, a minimum of 1:1 (impact to mitigation) must be in the
form of wetland restoration. The NCDOT shall, within 30 days of the issue date of this permit, certify
that sufficient funds have been provided to EEP to complete the required mitigation, pursuant to
Paragraph V. of the MOA.
It is understood that all other conditions of the modified permit, including the extended expiration
date of December 31, 2010, remain applicable.
If you have questions, please contact Eric Alsmeyer of the Raleigh Regulatory Field Office,
at telephone [phone], extension 25.
Sincerely,
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~~John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Copies Furnished:
Mr. Clarence Coleman
Federal Highway Administration
310 New Bern Ave., Rm. 410
Raleigh, North Carolina 27601-1442
Mr. Brian Wrenn
Division of Water Quality
North Carolina Department of
Environment and
Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650