20050422 Ver 1_Information Letter_20050405

Regulatory Division
April 1, 2005
Action ID No. 200531446-1447
Mr. Tyler Stanton
North Carolina Department of Transportation
PDEA, Office of Natural Environment
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Stanton:
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Please reference the Department of Transportation permit application dated March 4,
2005, requesting authorization to discharge fill material into the North Toe River at Bridge
Number 61 on NC 197 and your telephone conversation with Ms. Angie Pennock of March 21,
2005. The proposed work includes the installation of drilled shaft columns for two bridge piers
to support a three span bridge and the demolition of the existing bridge. Demolition. of the
existing bridge includes the temporary discharge of 260 cubic yards of concrete into the North
Toe River. As you are aware, the North Toe River, in the vicinity of the proposed bridge
demolition project is designated as occupied, critical habitat for the Federally listed, endangered
Appalachian Elktoe (Alasmidonta raveneliana).
During our telephone conversation, you stated that the temporary impacts to the North
Toe River have been reduced and that the permit application does not accurately depict the
current proposal. The current application will be considered withdrawn from the date of our
telephone conversation and the file reopened after we have received an updated application. It
was also determined that the updated application should not be submitted until coordination with
the United States Fish and Wildlife Service has been completed to insure that any changes
incurred during this process are reflected in the proposed plans.
Nationwide Permit General Condition 11 states, "no activity is authorized under any
NWP...which will destroy or adversely modify the critical habitat of (a threatened or
endangered) species." Additionally, Nationwide Permit General Condition 25 states that the
District Engineer may authorize impacts to designated critical resource waters "only after it is
determined that the impacts to the critical resource water will be no more than minimal."
Critical Habitat for Federally listed endangered species is included in the list of designated
critical resource waters. Every effort must be made to reduce impacts, including temporary
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:

impacts, to the North Toe River if the Department of Transportation wishes to have this project
authorized under Nationwide Permit 23, Approved Categorical Exclusions. If impacts cannot be
minimized to meet these conditions, you must apply for an Individual Permit. Before the
issuance of any Department of the Army authorization, the requirements of Section 7 of the
Endangered Species Act must be satisfied.
Questions or comments may be addressed to Ms. Angie Pennock in the Asheville
Regulatory Field Office, telephone [phone] extension 226.
Sincerely,
E. David Franklin
Chief, NCDOT Team
Copies Furnished:
Ms. Marella Buncick
United States Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Brian Wrenn /
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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