20071818 Ver 1_Email_20071213

Notice of Objection to 401 certification-New Hope Creek Corridor Ad...
Subject: Notice of Objection to 401 certification-New Hope Creek Corridor Advisory Committee
From: "Ryke Longest" <[e-mail]>
Date: Thu, 13 Dec 2007 13:15:56 -0500
To: <[e-mail]>, <[e-mail]>
CC: "Robert Healy" <[e-mail]>, "John N. Kent"<[e-mail]>
Dear Brian and Sonia,
I serve as the Director of the Duke Environmental Law and Policy Clinic. The Clinic
has agreed to represent the New Hope Creek Corridor Advisory Committee to seek resolution
of its dispute with the N.C. Department of Transportation over a bridge replacement
design. Now it would appear, that the dispute rests within your office, due to the
pending 401 certification decision facing you.
John Kent has previously communicated some of the reasons that the Committee objects to
this project. A copy of that communication is attached. Apparently the Corps asserts
that it is not covered by the North Carolina Endangered Species Act. Without conceding
that point, it is clear that the State of North Carolina is subject to the North Carolina
Endangered species act.
Attached are copies of correspondence from John Kent to the Corps and from the
Committee to DOT outlining concerns. It is possible that these concerns were not passed
along to you. I wanted to make sure that you knew of the longstanding concerns
immediately.
I have also attached a copy of a report on the presence of state listed mussels in the
project area. Without removing the bent from the stream, there is no way to protect this
species from harm due to loss of habitat. What's even worse is that there does not
appear to have been a hard look at alternatives in this case, in light of the concerns
raised by the Committee.
Debris damming is a real concern. Bent construction in the streambed is also a real
problem for the mussels. The existing bridge spans the stream. This is not a like for
like replacement, but a new design which will increase impacts to the benthic
environment.
Please be advised that the Committee does not wish to be forced into a litigation
posture. Yet the Committee is adamant that the bridge design must be changed. New Hope
Creek in this area is a true ecological gem with outstanding water quality. It is little
wonder that it is one of the last remaining homes of these mussels. Granting the 401
certification of the project as proposed will harm the mussels.
We would like to have a chance to meet with you before the 401 certification decision
is made. John had repeatedly stressed that you want to know ahead of time about our
concerns. Please let me know of times and dates which work for you. Also please copy me
with any correspondence about this project or process between your office, the Corps or
the Department of Transportation form this point forward.
Thanks,
Ryke Longest
Ryke Longest
Director & Sr. Lecturing Fellow
Environmental Law and Policy Clinic
Duke University School of Law
P.O. Box 90360
Durham, NC 27708-0360
[phone] (phone)
[phone] (fax)
Email: [e-mail]
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Notice of Objection to 401 certification-New Hope Creek Corridor Ad...
B-4218, a follow up to our phone conversation yesterday.rtf Content-Type: application/msword
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New Hope letter re Turkey Farm Bridge as sent 12-2-06.doc Content-Type: application/msword
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B-4218 New Hope Creek.pdf Content-Type: application/pdf
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