20041060 Ver 1_EEP Acceptance Letters_20040831

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 27, 2004
Mr. William D. Gilmore, P.E.
EEP Transition Manager
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
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AUG 3 ~- 2004
WATER QUALITY SECTION
LYNDO TIPPETT
SECRETARY
Subject: Durham County. NC 54 widening from SR 1999 (Davis Drive) to SR 1959
(Miami Boulevard). Federal Aid Project No. STP-54(2). State Project No
8.1352701. TIP No. R-2904. NCDOT Division 5.
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 proposes to widen a 1.1 mi length of NC 54 in
Durham County. A four-lane median divided roadway with a 17.5 ft raised median is proposed
from Davis Drive to approximately 200 ft west of the railroad structure. A five-lane curb and
gutter section is proposed from 200 ft west of the railroad structure to Miami Boulevard. The
proposed right-of--way (ROW) width for the project is 150 ft.
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 remaining impacts to
jurisdictional resources will be compensated for by mitigation provided by the EEP program.
We estimate that 209 linear feet of jurisdictional streams will be impacted. However, mitigation
is required for only 49 linear feet of stream impacts.
The project is located in the Piedmont Physiographic Province in Durham County in the
Cape Fear River basin in Hydrological Cataloguing Unit 03030002.

• The stream impacts will be to an unnamed tributary to Burdens Creek [DWQ Index No. 16-
41-1-17-1-(0.3)], afirst order perennial stream. We propose to provide compensatory
mitigation for the stream impacts by using the EEP for 491inear feet of impacts.
Please send the letter of confirmation to Eric Alsmeyer (USAGE Coordinator) at U. S.
Army Corps of Engineers Raleigh Regulatory Field Office (6508 Falls of the Neuse Road, Suite
120 Raleigh, NC 27615). Mr. Alsmeyer's FAX number is [phone]. The current let date
for the project is November 16, 2004 for which the let review date is September 28, 2004.
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 Hennessy of NCDWQ, with copies submitted to NCDOT.
If you have any questions or need additional information please call Matt Haney at (919)
715-1428
Sincerely
~:
Gregory J. Thorpe, Ph.D.,
Environmental Management Director
Project Development & Environmental Analysis Branch
cc: Mr. John Hennessy, Division of Water Quality
Mr. Gary Jordan, USFWS
Mr. Travis Wilson, NCWRC
Mr. David Franklin, USAGE, Wilmington
Mr. Eric Alsmeyer, USAGE
Ms. Beth Harmon, EEP, Raleigh