20030909 Ver 1_More Info Received_20030815

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLF,Y LYNDO TIPPG'I"I'
GOVERNOR SECRETARY
August 15, 2003
North Carolina Department of Environment
and Natural Resources
Division of Water Quality -Wetlands/401 Unit
1621 Mail Service Center
Raleigh, NC 27699-1621
Attention: Mr. John Dorney
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Subject: Response to DWQ "On Hold" Letter. Guilford County, Greensboro
Western Urban Loop, from I-85 south of Groometown to south of I-40
interchange; Federal Aid Project No. STPNHF-NHF-124-1(1); State
Project No. 8.U492101; TIP No. t1-2524 AB & AC; USACE Action Id
199403906; DWQ Project No. 030909.
Dear Sir:
The purpose of this letter is to describe the change in the stream mitigation
strategy for this project and to request the letter no longer be "on hold" as described in
your letter dated August 1, 2003. A copy of that letter is attached for your convenience.
As you are aware, the North Carolina Department of Transportation (NCDOT) submitted
an application for a Section 404/401 Individual Permit to construct the Greensboro
Western Urban Loop in southwestern Guilford County. "fhe permit application was dated
,Iuly 21, 2003..
The referenced letter from the North Carolina Division of Water Quality
(NCDWQ) identified that the project was deficient in terms of a strategy for stream
mitigation. In order to keep the permit application on tract, the NCDOT proposes to have
the Ecological Enhancement Program (EEP) provide the stream mitigation for this
project. This project, TIP No. U-2524 AB/AC, was identified on EEP's transition list and
included with the Memorandum of Agreement signed to create EEP.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]
WEesIrE: WWW DOT. ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC

The NCDOT requests that NCDWQ take this project off hold and continue
processing the permit application for this project as the NCDOT believes it has identified
a sound mitigation strategy for the project's stream impacts. If you have any further
questions about this permit application, please contact Mr. Phillip Todd of my staff at
[phone].
Sincerely,
~'
Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
cc: Mr. David Franklin, USACE
Mr. Eric Alsmeyer, USACE
Mr. Gary Jordan, USFWS
Mr. Travis Wilson, NCWRC

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ r- Alan W. Klimek, P:E., Director
> y Division of Water Quality
p ~ Colsen H. Sullins, Deputy Director
Division of Water Quality
August 1, 2003
Guilford County
DWQ Project No. 030909
TIP Project No. U-2524AB and AC
Greensboro Western Urban Loop from I-85 to south of I-40 Interc ~ ~~~ ~~~
CERTIFIED MAIL: Return receipt requested ~'
Mr. Gregory J. Thorpe, Ph.D., Manager
NCDOT Project Development & Environmental Analysis Branch ~ 7 2003
1548 Mail Service Center ~a aU
Raleigh, NC 27699-1548 ~ 2
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Dear Dr. Thorpe: ~~TOEyE~ppM~S~
The Division of Water Quality (DWQ) staff has reviewed your submittal of an application for an
Individual §401 Water Quality Certification for the aforementioned project on July 21, 2003. The
Application was deficient in the following areas:
1. NCDOT proposes to use Woodlyn Way for compensatory stream mitigation. DWQ has reviewed
the 60% plans, but has not reviewed and approved the final plaris. NCDOT states in the
Application that this site will not be constructed until the roadway project has been completed.
This is not consistent with currentDWQ policy. Please submit final design plans for DWQ staff
to review and approve. _ ,;i
2. DWQ staff have reviewed the 60% design plans for Tick Creek. Final plans have not received '
written approval. Please submit the plans for DWQ staff to review and approve.
3. NCDOT also wishes to use the UT to Bear Creek Mitigation Site. To date, only a conceptual
ntigation plan has been reviewed (no design data provided). Please provide design plans for
DWQ staff to review.
NCDOT is reminded that a final compensatory mitigation plan must be approved in writing by the NC
Division of Water Quality before any of the impacts approved herein are conducted. Additionally, the
compensatory mitigation plan must be completely constructed and implemented according to the plans
approved by DWQ before any permanent road associated with the project is opened to the public. The
mitigation must be maintained according to the approved plan and permanently protected by the use of
conservation easements or similar protections. Any repairs or adjustments to the mitigation site must be
made according to the approved plan or must receive written approval from DWQ to make the repairs or
adjustments.
N. C. Division of Water Duality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748

Pursuant to 15A NCAC 2H .0507(a)(3), the permit application is placed on hold until we are supplied the
necessary information. Furthermore, until the information is received. by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers continue to place the
permit application on hold.
' We loop forward to working with you to expedite the processing of your permit application. If you have
any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786.
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.. ~Dorney
ater Quality Ce 'fication Program
cc: Wilmington District Corps of Engineers
"Steve Lund, Corps of Engineers Asheville field Office
NCDWQ Winston-Salem Regional Office
File Copy

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 18, 2003
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Attention: Mr. William D. Gilmore, P.E.
EEP Transition Manager
LYNDO TIPPETT
SECRETARY
Subject: Section 404/401 Individual Permit Application, Guilford County,
Greensboro Western Urban Loop, from I-85 south of Groometown to south
of I-40 interchange; Federal Aid Project No. STPNHF-NHF-124-1(1); State
Project No. 8.U492101; TIP No. U-2524 AB & AC; USACE Action Id
199403906; WBS Element 34820.1.2.
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement
Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for
the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by
the USACE, the NCDENR and the NCDOT.
The North Carolina Department of Transportation (NCDOT) proposes to construct a
portion of the Greensboro Western Urban Loop. The project lies in southwestern Guilford
County. The proposed project involves construction of a four- to eight-lane freeway on new
location.
RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE
CLEAN WATER ACT.
We have avoided and minimized the impacts to jurisdictional resources to the greatest
extent possible as described in the permit application. A copy of the permit application can be
found at http://www.ncdot.org[planning/pe/naturalunit/Applications.html. The NCDOT will
provide compensatory mitigation for wetlands; only compensatory mitigation for streams is
needed by EEP. The NCDOT needs 7,191 feet of stream mitigation. The project is located in
the Central Piedmont Physiographic Province, Guilford County. Stream impacts occurr in the
Cape Fear River basin, Hydrologic Unit 03030003.
Please send the letter of confirmation to Eric Alsmeyer at U. S. Army Corps of
Engineers Raleigh Regulatory Field Office, 6508 Falls of Neuse Road, Suite 120, Raleigh, North
Carolina 27615. Mr. Alsmeyer's fax number is [phone]. The current let date for the
project is November 2003.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1598 MAIL SERVICE CENTER WEBSITE: WWW.DOT.ORG RALEIGH NC
RALEIGH NC 27699-1596

RESOURCES UNDER THE JURISDICTION OF THE NORTH CAROLINA
RIPARIAN BUFFER PROGRAM
We propose to mitigate for the Randleman Buffer impacts by using the EEP for the 60.26
acres (2,624,925.6 feet2) of impacts by contributing $ 2,546,177.83 to the EEP.
Summary of Randleman Buffer Impacts and Mitigation:
Section Zone 1
Impacts Zone 2
Impacts Zone 1
Mitigation* Zone 2
Mitigation* Total
U-2524 AB/AC 18.09 acres 10.23 acres 45.96 acres 14.30 acres 60.26 acres
This amount of mitigation is what NCDOT anticipates is needed to satisfy permit
requirements of the North Carolina Division of Water Quality (NCDWQ) for buffer impacts.
Upon receipt of the 401 Water Quality Certification from NCDWQ, NCDOT will transfer funds
to EEP for buffer mitigation.
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ
requires a formal letter from EEP indicating their willingness and ability to provide the
mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be
addressed to Mr. John Dorney of NCDWQ, with copies submitted to NCDOT.
If you have any questions or need additional information please call Phillip Todd of my
staff at [phone].
Sincerely,
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Gr gory J. Thorpe, Ph.D.,
Environmental Management Director
Project Development & Environmental Analysis Branch
cc: Mr. Eric Alsmeyer, USACE
Mr. John Dorney, NCDWQ
Mr. Travis Wilson, NCWRC
Ms. Kathy Matthews, USEPA
Mr. Gary Jordan, USFWS
Mr. John F. Sullivan, III, FHWA
Mr. Jay Bennett, P.E., Roadway Design
Mr. Omar Sultan, Programming and TIP
Ms. Debbie Barbour, P.E., Highway Design
Mr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. J.M. Mills, P.E., Division Engineer
Mr. Jerry Parker, Division 7 DEO
Mr. David Franklin, USACE