20020672_More Info Received_20120516

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STATE OF NORTH CAROLINA
BEVERLY EAVES PERDUE
GOVERNOR
Ms. Liz Hair
Asheville Regulatory Field Office
U.S Army Corps of Engineers
151 Patton Ave, Room 208
Asheville, NC 28805
Dear Ms. Hair and Ms. Lespinasse:
EUGENE A. CONTI, JR.
SECRETARY
May 17, 2012
Ms. Polly Lespinasse
NC Division of Water Quality
Mooresville Regional Office
610 East Center Avenue — Suite 301
Mooresville, NC 28115
Due to the recent Fourth Circuit Court of Appeals opinion regarding the Monroe Bypass,
NCDOT is currently reviewing and determining what legal and /or engineering options should be
taken to address the issues outlined in the opinion. We understand the 401 certification and 404
permits are currently active and the court opinion will likely have an effect on the start of future
construction activities. As such NCDOT feels it is prudent to voluntarily suspend all permittable
activities under the 401 certification and 404 permit. These activities include, but are not limited
to, clearing, grubbing, excavation, filling of any stream or wetland, rerouting of any stream
channel and /or permanent land - disturbing activities. To date, NCDOT has not started any of
these activities or any other activity that would fall under the jurisdiction of the permits. NCDOT
agrees to hereby suspend all such permittable activities until such time as further environmental
review /analysis /study is conducted, or any other possible courses of action are taken, that will
allow permittable activities to move forward. At the time permittable activities should move
forward, NCDOT will ask your agency for any necessary authorization to proceed with these
activities. We thank you for your time and consideration in this matter. Should you have any
questions, please do not hesitate to contact us.
Sincerely,
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Jennifer Harris, P.E.
Director of Planning and Environmental Studies
cc: Jim Trogdon, P.E., NCDOT Chief Operating Officer
Terry Gibson, P.E., NCDOT State Highway Administrator
Scott Slusser, Special Deputy Attorney General
Scott McLendon, U.S. Army Corps of Engineers
Brian Wrenn, NC Division of Water Quality
NORTH CAROLINA TURNPIKE AUTHORITY
1578 MAIL SERVICE CENTER, RALEIGH, N.C. 27699 -1578
PHONE [phone] FAX [phone]
hftp://www.ncturnpike.org