20090375 Ver 1_Information Letter_20090625

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Written comments were also received from Mr. Travis Dodson, of The American Board
of Pediatrics (ABP), 111 Silver Cedar Court, Chapel Hill, North Carolina, on May 29, 2009. A
copy of this correspondence is enclosed for your consideration and response. Mr. Dodson stated
that the ABP wanted to notify the U.S. Army Corps of Engineers of a proposed Letter of Map
Revision (LOMR) from the Federal Emergency Management Agency (FEMA). Mr. Dodson
stated that the ABP property shown on sheet 2 of 14 of the project plans will be affected by the
LOMR, specifically the areas immediately surrounding the pond, both upstream and downstream.
The case number associated with the LOMR is #08-044997P.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
A+ XTIONOP: June 24, 2009
Regulatory Division
Action ID No. SAW-2009-00700
North Carolina Department of Transportation
Attn: Ms. Elizabeth Lusk
Project Development and Environmental Analysis
Natural Environment Unit
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Ms. Lusk:
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Reference is made to the application of April 7, 2009, and revised on May 5, 2009, for
individual Department of the Army (DA) permit authorization to permanently impact
approximately 470 linear feet of stream channel and temporarily impact approximately 87 linear
feet of the jurisdictional waters within portions of Cedar Fork Creek and two (2) unnamed
tributaries to Cedar Fork Creek. Cedar Fork Creek is located in the Cape Fear River basin
(Hydrologic Cataloging Unit 03030002). These impacts are associated with the proposed
improvements and widening of 2.7-miles of SR 1733, also known as Weaver Dairy Road, from
NC 86 (Martin Luther King, Jr..Boulevard) to SR 1734 (Erwin Road) in Chapel Hill, Orange
County, North Carolina (TIP Number U-3306).
After review of your proposal, the United States Department of Interior, Fish and Wildlife
Services (USFWS) stated by electronic mail dated May 20, 2009, that they had no concerns or
comments regarding the public notice for U-3306. A copy of this correspondence is enclosed.
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Your response to the comments from Mr. Dodson must be given full consideration before we
can make a final decision on your application. We need your information to address the
concerns/issues raised over the proposed project. You may submit additional information, revise
your plans to help resolve the issues, rebut the issues made or request a decision based on the
existing record.
Furthermore, as we requested by letter dated June 4, 2009 and by electronic mail dated June
8, 2009, please provide a detailed discussion that specifically addresses why each alternative (1,
IA, 2, 2A, 3, 3A, 4, 4A and 5 as described in the table provided to us via electronic mail dated
June 15, 2009) was rejected. With this discussion, please provide a concise description of the
total aquatic impacts associated with each alternative. For example, it is unclear from the
information submitted, if impacts at site 1 and site 3 are included in the total stream impacts
shown for alternatives 1, IA, 2, 2A, 3, 3A, 4, 4A and 5 on Table 1 submitted on June 15, 2009.
Please be aware that, except as provided under Section 404(b)(2), of the Clean Water Act, no
discharge of dredged or fill material shall be permitted if there is a practicable alternative to the
proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as
the alternative does not have other significant adverse environmental consequences. All the
information requested in this letter must be received by July 10, 2009 otherwise your application
will be withdrawn. If you have questions or comments, please contact me at my Raleigh
Regulatory Field Office address, telephone [phone] ext. 26.
Sincerely,

Andrew Williams
Regulatory Project Manager
Raleigh Field Office
Enclosure
Copies Furnished (without enclosure):
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Ronald J. Mikulak, Chief
Wetland Regulatory Section
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Pete Benjamin, Field Supervisor
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
Mr. David Cox
NC Wildlife Resources Commission
512 North Salisbury Street
Raleigh, North Carolina 27604
Ms. Amy Euliss
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, North Carolina 27107