20071470_Other Agency Comments_20080813

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DEPARTMENT OF THE ARMY U ?>
WILMINGTON DISTRICT, CORPS.OF ENGINEERS
P.O. BOX 1890 kP
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 12, 2008
Regulatory Division
SUBJECT: Action ID 2007-02903; TIP No. R-2635
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 (DA) permit issued on April 22, 2008, to
authorize the discharge of fill material into the waters of United States, for construction of the
Western Wake Freeway toll facility (TIP R-2635), from NC 55 at SR 1172 (Old Smithfield
Road), between Holly Springs and Apex, to the existing NC 540 at NC 55 near SR 1630 (Alston
Avenue), west of Morrisville, in western Wake County, North Carolina. Reference also your
June 20, 2008 letter requesting modification of the permit to change the special condition for
wetland mitigation. The current conditions) requires NCTA to mitigate for the 20.14 acres of
impacts to wetlands, through payment to the Ecosystem Enhancement Program (EEP), in the
amount determined by EEP sufficient to perform 21.62 acres of restoration equivalent riverine
wetlands, and 18.66 acres of non-riverine wetlands mitigation. You noted that EEP's
commitment to provide mitigation is stated in terms of riparian and non-riparian wetland rather
than riverine and non-riverine wetlands.
We have reviewed the requested modification, and determined that it is appropriate and
reasonable. Therefore, the permit is hereby modified to change special condition s), as follows:
s) NCTA will mitigate for the remaining 10,059 linear feet of unavoidable permanent
impacts to streams with more than minimal function, and the 20.14 acres of impacts to
wetlands, through payment to the Ecosystem Enhancement Program (EEP), in the amount
determined by EEP sufficient to perform a total of 20,118 linear feet of restoration
equivalent warm water stream channel, and 40.28 acres of restoration equivalent riparian
wetlands, in the Cape Fear River basin (Cataloging Unit 0303004 -10,2981f, 13.28 acres
riparian; Cataloging Unit 0303002 - 9,8201f, 27.0 acres riparian). Construction within
jurisdictional areas on the property shall begin only after the NCTA has made full
payment to EEP and provided a copy of the payment documentation to the Corps, and
EEP has provided written confirmation to the Corps that it agrees to accept responsibility
for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
It is understood that all other conditions of the permit, including the permit expiration date of
December 31, 2013, remain applicable.
If you have questions, please contact Eric Alsmeyer of the Raleigh Regulatory Field
Office, at telephone [phone], extension 23.
Sincerely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies Furnished:
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
Mr. William Gilmore
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
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