U924A-b

fit. .. ? I I .?I) ,1
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 27, 2001
U.S. Army Corps of Engineers
Regulatory Division
Wilmington District
P.O. Box 1890 °-
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. David L. Timpy, Regulatory Project Manager
SUBJECT: Application for Modification to DOA Permit No. 199603836 for the
Construction of a four-lane divided highway on New Location from 23rd Street to Third
Street, Wilmington, New Hanover County, North Carolina; State Project No. 8.2250102;
Federal Aid Project No. MAM-M-5851(2); TIP No. U-92AIB
The Department recently discovered that a small section of sanitary sewer line will have
to be relocated left of station 22+60 (see figures). The proposed work will impact 0.07
acre of bottomland hardwood forested wetland within wetland site 2. The scope of work
will include clearing and grubbing, excavation and filling in a rectangular area measuring
approximately 8 x 38 meters.
Please modify the existing permit to allow this work to go forward. Insofar as
compensatory mitigation is concerned, the Department offers to provide up to 0.14 acre
of in-kind credit at the Haw's Run Mitigation. Site. Alternatively, in an attempt to
provide mitigation within the local watershed, you are asked to consider applying the
0.14 acre against the overall compensatory wetland mitigation package for the Smith
Creek Parkway (U-92 A/B). This plan provides over 87 acres of total compensation
including 9.8 acres of restoration credits for impacts totaling only 6.5 acres.
A separate letter is being sent to the Division of Coastal Management requesting that the
impacts resulting from the relocated sewer line be authorized by a Letter of Refinement to
the CAMA Major Development Permit. A check in the amount of $200.00 is being
forwarded under separate cover to the Division of Water Quality to cover the cost of the
Section 401 modification.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE. WWW. DOH. DOT. STATE. NC. US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
4
Page 2
March 27, 2001
David L. Timpy, USACE
Since this project has already been let to construction it is urgent that the appropriate
authorizations, including the modified Section 404 permit, be obtained at the earliest
opportunity. Thank you for your assistance in expediting this approval. Should you have
any questions or comments please call M. Randall Turner at [phone] x270.
Sincerely,
William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
Attachment
cc: David Franklin, U.S. Army Corps of Engineers, Wilmington
Tom McCartney, Fish and Wildlife Service, Raleigh
John Hennessy, Division of Water Quality, Raleigh
Joanne Steenhuis, Division of Water Quality, Wilmington
David Cox, NCWildlife Resources Commission,
Cathy Brittingham, Division of Coastal Management, Raleigh
Ed Brooks, Division of Coastal Management, Wilmington
Ron Sechler, National Marine Fisheries Service, Beaufort
Fritz Rohde, Division of Marine Fisheries, Wilmington
Deborah Barbour, P.E., Highway Design, Raleigh
H. Allen Pope, P.E., Division 3, Wilmington
Joe Blair, P.E., Division 3, Wilmington
K. T. Cross, P.E., Division 3, Burgaw
do+5TA7Ea
J
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
March 27, 2001
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
Wilmington District Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
ATTENTION: Mr. Ed Brooks, Coastal Management Field Representative
LYNDO TIPPETT
SECRETARY
SUBJECT: Application for a Letter of Refinement to CAMA Major Development Permit
No. 178-00 for the Construction of a four-lane divided highway on New Location from
23rd Street to Third Street, Wilmington, New Hanover County, North Carolina; State
Project No. 8.2250102; Federal Aid Project No. MAM-M-5851(2); TIP No. U-92A/B
The Department recently discovered that a small section of sanitary sewer line will have
to be relocated left of station 22+60 (see figures). The proposed work will impact 0.07
acre of a Section 404 bottomland hardwood forested wetland within wetland site 2. The
scope of work will include clearing and grubbing, excavation and filling in a rectangular
area measuring approximately 8 x 38 meters. No Areas of Environmental Concern are
involved in the proposed work.
Insofar as compensatory mitigation is concerned, the Department offers to provide up to
0.14 acre of in-kind credit at the Haw's Run Mitigation Site, a site located within the
Cape Fear River watershed near the Pender-Onslow County line. Alternatively, in an
attempt to provide mitigation within the local watershed, you are asked to consider
applying the 0.14 acre against the overall compensatory wetland mitigation package for
the Smith Creek Parkway (U-92 AB). This plan provides over 87 acres of total
compensation including 9.8 acres of restoration credits for impacts totaling only 6.5
acres.
A separate letter is being sent to the U.S. Army Corps of Engineers, requesting that the
impacts resulting from the relocated sewer line be authorized by a modification to the
existing Section 404 Permit.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION - FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENTAND ENVIRONMENTAL ANALYSIS - 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548
Page 2
March 27, 2001
Ed Brooks, DCM
Since this project has already been let to construction it is urgent that the appropriate
authorizations, including the Letter of Refinement, be obtained at the earliest opportunity.
Thank you for your assistance in expediting this approval. Should you have any
questions or comments please call M. Randall Turner at [phone] x270.
Sincerely,
j i
William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
Attachment
cc: David Timpy, U.S. Army Corps of Engineers, Wilmington
John Hennessy, Division of Water Quality, Raleigh
Joanne Steenhuis, Division of Water Quality, Wilmington
David Cox, NCWildlife Resources Commission,
Cathy Brittingham, Division of Coastal Management, Raleigh
Doug Huggett, Division of Coastal Management, Raleigh
Fritz Rohde, Division of Marine Fisheries, Wilmington
William D. Gilmore, P.E., PD&EA, Raleigh
Deborah Barbour, P.E., Highway Design, Raleigh
H. Allen Pope, P.E., Division 3, Wilmington
Joe Blair, P.E., Division 3, Wilmington
K. T. Cross, P.E., Division 3, Burgaw

N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
SMITH CREEK PARKWAY FROM
BRUNSWICK STREET TO US 11
CASTLE H AYNE ROAD.
SHEET I OF 3 DATE 3.27•(
MAP
e8
rt
N. C. DEPT. OTRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
SMITH CREEK PARKWAY FROM
BRUNSWICK STREET TO US 117
CASTLE HAYNE ROAD.
SHEET 2 OF 3 DATE3.274
0
3
Q)
N
0
n
C"
w
00
mz
D O
x --I
Em
O (A
Em
m
?n
=
m
mD
r N
D
Z m
0o
N
It

W ?
z?
y
0®
r
r
V
Oil
M
w
.A
m
z
z
z
oc?~
r Cs7 Z
? C
zo
m
N Z
C O
?M
mM
D N
mm
r
? r
D
m
X
zo
m
Z
mo
'a M
D?
Z
o ?
Nr
r
c
lC??'?' v?t/Yn?J
ANDA
NCDENR

MAY2
I
NORTH CAROLINA DEPARTMENT OFf
ENVIRONMENT AND NATURAL RESOURCES
May 16, 2000
0PG
JAMES B. HUNT JR. Secretary David McCoy
GOVERNOR North Carolina Department of Transportation
1501 Mail Service Center
Raleigh, North Carolina 27699-1501
BILL HOLMAN
SECRETARY Dear Secretary McCoy:
?f
*_4 .11

a?
V
As you know both federal and state water quality laws require
compensatory mitigation for impacts to jurisdictional wetlands and
streams. For the past two years our respective staffs have worked
cooperatively to ensure that suitable mitigation is provided to offset
Department of Transportation (DOT) project impacts. The Department
of Environment and Natural Resources (DENR) is committed to
providing the best water quality benefits possible for each river basin in
North Carolina.
Our staffs have discussed the possibility of expanding
compensatory mitigation options for DOT in conjunction with a DOT
commitment to increase avoidance and minimization of impacts to high
quality wetlands, streams and riparian areas. I am writing to propose a
joint DOT and DENR effort to develop this type of flexibility in
meeting mitigation requirements. I believe this may be possible but it
will require a formal commitment by DOT and DENR.
I recommend that a DOT/DENR team be formed for this purpose
and that the team have appropriate co-sponsors from DOT and DENR
senior staff. Deputy Secretary Sherri Evans-Stanton will represent
DENR in this regard. I believe the team should also be facilitated and
proceed under a formal charter that establishes desired outcomes and
suggests time frames for completion.
Further details can be determined as we proceed but at a minimum I
believe that members of this team should be vested with the authority
to make decisions and, therefore, commitments on behalf of DOT and
DENR respectively and cooperatively. The purpose of the team will be
twofold:

(C
;Vi
R
!?r-,ICI"? Q U A L tTY'T
'
C" T
.? - 1l i!'t?
.
1601 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 2.7699-1601
PHONE [phone] FAY 919-715-3060 WWW.ENR.STATE.NC.US/ENR/
AN EOUAL OPPORTUNITY / AFFIRMATIVE ACTION E'APLOYER - 50% RECYCLE D/109u POST-CONSUMER PAPER
Letter to Secretary McCoy
Page Two
May 16, 2000
1. Identification of high quality wetlands, streams and riparian areas
where DOT will increase avoidance and minimization; and
2. Development of compensatory mitigation options not currently
available to DOT.
It is imperative that this team agrees on the types of wetlands, streams and riparian
areas that DOT will avoid entirely as a matter of policy. It is also important that
measures such as bridging to minimize unavoidable impacts be adopted by DOT as
operational procedure. I believe that these positions are very likely to be shared by the
federal agencies and will be essential for unilateral support of the flexible mitigation
options DOT desires.
I recommend that this team be comprised of DOT and DENR staff initially. Once
our staffs agree on options that we can mutually support, we will invite the federal
agencies to participate. Both of our agencies believe that the federal agencies must be
partners with us in order to achieve our goals. Our cooperation toward that end may help
to encourage their agreement.
I welcome your thoughts in this regard and I hope that you can respond favorably.
If so I will direct my staff to proceed. I look forward to hearing from you.
Sincerely,
06 •
Bill ZHo man
BWscd
secmccoy.ltr
cc: Sherri Evans-Stanton
Robin Smith
Tommy Stevens
Donna Moffitt
Craig Deal