20090104 Ver _Information Letter_20100628

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF.
June 25, 2010
Regulatory Division
SUBJECT: Action ID 2008-01316; TIP No. R-2814
Gregory J. Thorpe, Ph.D
North Carolina Department of Transportation
Division of Highways
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Dr. Thorpe:
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Reference the Department of the Army permit issued to the North Carolina Department of
Transportation on July 14, 2009, to authorize the discharge of fill material into waters of the
United States, for construction of the Sections A, B, C and D of the US 401 Widening and
Rolesville Bypass (TIP R-2814). The project location is an 18.5 mile corridor along and to the
east of existing US 401, from SR 2044 (Ligon Mill Road) southeast of Rolesville, in Wake
County, to SR 1700 (Fox Park Road) southeast of Louisburg, in Franklin County, North
Carolina. Authorization for Section B was based on preliminary design. Also, please reference
your May 14, 2010 letter, requesting modification of the permit to reflect the final design for
Section B of this project.
The final design results in relatively minor changes in permanent impacts to streams and
wetlands, some decreases and some increases, with a net decrease of 0.14 acres of wetlands, and
268 linear feet of stream. The increased impacts are necessary because of several factors related
to the final design, including required bank stabilization, and a required sewer line relocation.
We have reviewed the requested modification, and determined that it is appropriate and
reasonable, and that no public notice is required for this modification. Therefore, the permit is
hereby modified to include the changes listed and shown in the modified drawings in the May 14,
2010 modification request, for a net decrease in permanent wetland impacts of 0.14 acres, and
net decrease in permanent stream impacts of 268 linear feet in Section B. Total impacts for all
four sections will now be 5.96 acres of permanent impacts to 404 wetlands, 4,768 linear feet of
permanent impact to streams, 0.03 acre of temporary impact to wetlands, and 204 linear feet of
temporary impact to streams. There is a net reduction of 0.12 acres of mitigable impacts to 404
wetlands, and a net decrease of 268 linear feet of impacts to streams requiring mitigation;
therefore, special conditions k) and 1) are modified as follows:
k) NCDOT shall provide compensatory mitigation for the unavoidable impacts to 4.25
acres of wetlands, associated with Sections A and B of TIP R-2814, by debiting 2.48 acres of
riverine and 1.77 acres of non-riverine wetland restoration, and 3.05 acres of riverine wetland
2
preservation, from the Jeffreys Warehouse Mitigation Site (aka JALO), described in the
September 17, 2004 "Jeffreys Warehouse Conceptual Mitigation Plan, Wayne County, North
Carolina".
1) NCDOT shall provide compensatory mitigation for the unavoidable impacts to 2,873
linear feet of warm-water streams with more than minimal aquatic function, associated with
Sections A and B of TIP R-2814, as follows:
1. By debiting 2,873 linear feet of stream restoration from the Marks Creek, Phase II,
Mitigation Site (AID 2008-02072), described in the September 2001 "Stream and Wetland
Mitigation Plan, Marks Creek, Phase 11, Wake County, North Carolina".
2. Compensatory mitigation shall be provided by the Ecosystem Enhancement
Program (EEP), as outlined in the letter dated May 27, 2009 from William D. Gilmore, EEP
Manager. 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
2,538 linear feet of restoration equivalent warm water stream channel in the Upper Neuse River
basin (Hydrologic Cataloging Unit 03020201) in accordance with Section X of the MOA. 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.
All other conditions of the permit, including the permit expiration date of December 31,
2014, remain applicable.
. Should you have any questions, please call Mr. Eric Alsmeyer at [phone],
extension 23.
Sin ely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies Furnished:
Mr. Brian Wrenn
Division of Water uality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
i' Mr. Clarence Coleman
Federal Highway Administration
310 New Bern Ave., Rm 410
Raleigh, North Carolina 27601-1442
NC-EEP
1652 Mail Service Center
Raleigh, NC 27699-1652