20071470_Information Letter_20101119

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON. NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF.
November 17, 2010
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:
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Reference the Department of the Army permit issued to the North Carolina Turnpike
Authority on April 22, 2008, to authorize the discharge of fill material into waters of the 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.
This permit was subsequently modified on August 12, 2008, August, 19, 2009, and May 26,
2010 for minor changes. Also, please reference your October 14, 2010 letter, requesting
modification of the permit to reflect design changes.
The final design results in relatively minor changes in impacts to streams and wetlands,
some reductions and some increases, with a net increase of 0.06 acre of wetlands and 233 linear
feet of stream. The increased impacts are necessary because of several factors related to the final
design, including an interchange design revision, additional bank stabilization, and an additional
utility line impact.
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 October
14, 2010 modification request, including a net increase in permanent wetland impacts of 0.06
acres, and in permanent stream impacts of 240 linear feet. Total impacts will now be 19.08 acres
of permanent impacts to 404 wetlands, and 11,998 linear feet of permanent impact to streams
with more than minimal aquatic function, 3,535 linear feet of permanent impact to streams with
only minimal aquatic function, 0.41 acre of temporary impact to wetlands, and 1,167 linear feet
of temporary impact to streams. There is an increase of 0.06 acre of mitigable impacts to 404
wetlands, and of 240 linear feet of impacts to streams requiring mitigation; therefore, special
condition s) is modified as follows:
i
o) Compensatory mitigation for the unavoidable permanent impacts to 19.08
acres of riparian wetlands (2:1 ratio), and the remaining 11,998 linear feet of
unavoidable permanent impacts to warm water streams with more than minimal
function (11,011 linear feet at 2:1 ratio and 347 linear feet at 1:1 ratio) associated
with the proposed project shall be provided by the Ecosystem' Enhancement
Program (EEP), as outlined in the letter dated October 13, 2010 from William D.
Gilmore, EEP Transition 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 38.16 acres of
restoration equivalent riparian wetlands, and 22,369 linear feet of restoration
equivalent warm water stream channel in the Cape Fear River basin (Hydrologic
Cataloging Unit 0303002 - 11,893 If, 27.68 acres riparian; Hydrologic Cataloging
Unit 0303004 -10,4761f, 10.48 acres riparian) in accordance with Section X of
the MOA. For wetlands, a minimum of 1:1 (impact to mitigation) must be in the
form of wetland restoration. The NCTA 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,
2013, remain applicable.
Should you have any questions, please call Mr. Eric Alsmeyer at [phone], extension
23.
Sincerely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies Furnished:
Mr. Brian Wrenn .V
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
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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
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