20071470_Information Letter_20090820

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLYTO
ATTENTION OF,
August 19, 2009
Regulatory Division
SUBJECT: Action ID 2007-02903; TIP No. R-2635
Steven D. DeWitt, P.E.
Chief Engineer
North Carolina Turnpike Authority
1578 Mail Service Center
Raleigh, NC 27699-1578
Dear Mr. DeWitt:
AUG 2 0 2009
DENR • WATER QUALIT V
WE RMDSAND STORMWATER BRANCH
Reference the Department.of the Army permit issued to the North Carolina Turnpike
Authority on April 22, 2008, and subsequently modified, to authorize the discharge of fill
material into waters of the United States, for construction of the Western Wake Freeway toll
facility (TIP R-2635), from NC 55 at SR 1172 (Old Smithfield Road), between Holly Springs
and Apex, to the existing NC 540 at NC 55 near SR 1630 (Alston Avenue), west of Morrisville,
in western Wake County, North Carolina. Reference also your July 10, 2009 letter, requesting to
change the compensatory mitigation requirement for the project from an in-lieu-fee payment to
the North Carolina Ecosystem Enhancement Program (EEP) in accordance with the MOU
between the North Carolina Department of Environment and Natural Resources (NCDENR) and
the United States Army Corps of Engineers, Wilmington District (Corps), dated November 4,
1998, to payment to the EEP in accordance with the Memorandum of Agreement among
NCDENR, the North Carolina Department of Transportation, and the Corps dated July 22, 2003
and amended in June 2004 and March 2007.
. We have reviewed the requested modification to, and determined that it is appropriate and
reasonable, and no public notice is required for this modification. Therefore, the permit is hereby
modified to change special condition as follows:
o) NCTA will mitigate for the remaining 10,059 linear feet of unavoidable
permanent impacts to streams with more than minimal function, and the 20.14 acres of impacts
to wetlands, through compensatory mitigation provided by the Ecosystem Enhancement Program
(EEP), pursuant to.the EEP Memorandum of Agreement (MOA) between the State of North
Carolina and the US Army Corps of Engineers signed on July 22, 2003. The EEP will provide a
total of 20,118 linear feet of restoration equivalent warm water stream channel, and 40.28 acres
of restoration equivalent riparian wetlands, in the Cape Fear River basin (Cataloging Unit
0303004 - 10,298 If, 13.28 acres riparian; Cataloging Unit 0303002 - 9,820 If, 27.0 acres
riparian). NCTA shall certify that sufficient funds have been provided to EEP to complete the
required mitigation, pursuant to Paragraph V. of the MCA.
All other conditions of the permit, including the permit expiration date of
December 31, 2013, remain applicable.
Should you have any questions, please call Mr. Eric Alsmeyer at [phone],
extension 23.
Sincerely,
7Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies furnished:
Mr. Brian Wrenn f
Division of Water Quality
North Carolina Department of
Environment and
Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
Clarence Coleman
Federal Highway Administration
310 New Bern Ave., Rm 410
Raleigh, North Carolina 27601-1442
2