20011781 Ver 1_USACE Request for More Info_20011228

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 20, 2001
IN REPLY REFER TO
Regulatory Division
Action ID No. 200220342
Mr. Forrest Ball
1027 Highway 70 West, Suite 106
Garner, NC 27529
Dear Mr. Ball:
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Reference is made to the application of December 5, 2001, submitted on your behalf by
Mr. Sean Clark of Soil & Environmental Consultants, Inc. for Department of the Army (DA)
nationwide permit authorization for proposed impacts totaling 425 linear feet of perennial stream
channel associated with the construction of the Tryon Road extension. The property contains
two unnamed tributaries of Big Branch in the Neuse River Basin, west of US I-40 and south of
Rock Quarry Road, in Raleigh, Wake County, North Carolina.
Nationwide Permit General Condition 19 mandates that projects must be designed to
avoid and minimize adverse effects to waters of the United States to the maximum extent
practicable at the project site (i.e., onsite). Based upon the information submitted with your
application, it appears that proposed impacts to the stream channels could be reduced by
repositioning your crossing to the south such that only one stream would be affected. While
information submitted with your application suggests that NCDOT road construction criteria
dictated the location of the road, more specific information is required for our assessment of
efforts made to minimize impacts (i.e., minimum curve radiuses, alternate intersection locations,
etc.).
Furthermore, General Condition 19 states that mitigation will be required when necessary
to ensure that the adverse effects to the aquatic environment are minimal. Your application
proposes payment into the North Carolina Wetlands Restoration Program sufficient to provide
for the restoration of 275 linear feet of stream channel. Based upon our initial review of your
permit application, it appears that insufficient mitigation has been proposed to offset the adverse
impacts to the aquatic environment. Accordingly, your response should describe what additional
actions will be taken to offset impacts to streams on the site (i.e., preservation, restoration, etc.),
or provide justification as to why no additional actions have been proposed.
Your response to the above concerns is necessary to complete your permit application
and is essential to our expeditious processing of your permit application. Please be reminded
that issuance of DA authorization must precede any placement of excavated or fill material
within any waters of the U.S. on your property. Questions or comments may be addressed to Ms.
Amanda Jones, Raleigh Field Office, Regulatory Division, telephone [phone], extension
30.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory,
Field Office
Copies Furnished:
Mr. Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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