20091321 Ver 1_Email_20100521

Ridings, Rob
From: Rivenbark, Chris
Sent: Friday, May 21, 2010 6:53 AM
To: Ridings, Rob
Subject: FW: B4138 Cape Fear bridge at Lillington
I should have known this would happen. Is there anyway you can issue yours as a 23/33/13,
which is what we originally applied for? And re-fax as soon as possible?
Thank you Rob.
Chris Rivenbark
PDEA Natural Environment Unit
N.C. Department of Transportation
[phone] office
-----Original Message----- -
From: Walker, William T SAW [mailto:[e-mail]]
Sent: Thursday, May 20, 2010 4:29 PM 5 .
To: Lusk, Elizabeth L
Cc: Rivenbark, Chris
Subject: RE: 84138 Cape Fear bridge at Lillington "
Ehzalz?th,:. -
After to king with Scott a bit I am going forward with the NW
23/33/13 appro ch. I.am putting together the paperwork now,and will have-something to Chris..,:,
by tomorrow.
n •, -. _ is ...
To .. ..

-----Original Message-----
From: Lusk, Elizabeth L [mailto:[e-mail]]
Sent: Tuesday, May 11, 2010 10:05 AM
To: Walker, William T SAW .
Cc: Rivenbark, Chris
Subject: RE: B4138 Cape Fear bridge at Lillington
Tom,
Thanks for this clear explanation.
During our previous discussions with Kim, she indicated that she may issue a
GP31 rather than the NW23/33/13 requested in our December application. DWQ is holding their
Water Quality Cert. until they know which Corps permit will be issued.•,And until they get a
written request, if needed, from NCDOT formally changing our WQC application.
In order to expedite their permitting process, do you know which Corps permit you will be
issuing? If it's anything other than the NW23/33/13, we can go ahead and submit a revised
application to DWQ.
Thanks,
Elizabeth
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Elizabeth L: Lusk
Project Mgmt. Group
Natural Environment Unit
NCDOT, PDEA
voice: [phone]
fax: [phone]
-----Original Message-----
From: Walker, William T SAW [mailto:[e-mail]]
Sent: Friday, May 07, 2010 4:03 PM
To: Lusk, Elizabeth L; Rivenbark, Chris
Cc: McLendon, Scott C SAW
Subject: B4138 Cape Fear bridge at Lillington
Elizabeth,
The purpose of this e-mail is to follow up on our conversation earlier this week regarding
the B-4138 project. It is my understanding that while reviewing the information associated
with NCDOT's permit request, Ms. Kim Garvey discovered an approximately;0.07 ac discrepancy
between the current delineated wetland area and a previous delineation., Upon further
investigation, it was discovered that Harnett County had, without authorization, placed fill
in wetlands within the project area. Ms Garvey further determined that this activity had
taken place within the last several months,. As stated in 33 CRF 323.2;:.;;Unauthorized
discharges into water of the United States do not eliminate Clean Water-Act,jurisdiction;
even where such unauthorized discharges have the effect of destroying water,of the,United,
States." Therefore, these areas, unless appropriately authorized after=the-fact, remain-.
waters of the United States.
'The Corps has discussed this 'issue with'Harnett County and officials'`have indicated a desire.
to restore this area rather than seek 'after-the-fact permitting.' The Corps.has not<.required
this restoration'fo date due to the pending'NCDOT permit proposal. Itr.does not seem
reasonable to require the County to expend resources restoring this area of jurisdictional
wetlands if in the end, NCDOT is granted authorization to fill it. It is.therefore, our
opinion that NCDOT should proceed with a permit request identifying the proposed loss of this
area of jurisdictional wetlands and mitigating for such loss as appropriate.and.practicable.
If NCDOT chooses not to pursue this project or the request for authorization is ultimately
denied, the Corps will then purse appropriate remedial action by the County.
Thank you for your attention to this matter. Should you have any further questions,;please
feel free to contact me.
Tom Walker
Chief, Wilmington Regulatory Field Office USACE, Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Phone: [phone]
Fax: [phone]
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