19970616 Ver 1_Mitigation Bank Proposal_19980327

Wetland and Stream Mitigation Strategy for US 421
from South Fork New River to Blue Ridge Parkway
R529 BA, BB, BD
North Carolina Department of Transportation
Division of Highways
Planning and Environmental Branch
Wetland Mitigation Section
27 March 1998
TABLE OF CONTENTS
Page
Introduction I
Sparta Bog Mitigation Site Description I
Sparta Bog Mitigation Project Strategy 2
Phase 1. Preservation 2
Phase 2. Detailed Site Investigation 3
Phase 3. Mitigation Plan Development 3
Phase 4. Implementation 4
Phase 5. Monitoring 4
NCDOT/WRC Stream Mitigation Agreement 5
Summary 5
Figure 1 6
Figure 2 7
Appendix A
A previous version of this document was presented to the North Carolina Division of
Water Quality (DWQ) at a meeting held March 25, 1998. This revised version
incorporates additional detail requested by the DWQ at that meeting.
Introduction
This document summarizes the North Carolina Department of Transportation's
(NCDOT) strategy for mitigating unavoidable impacts to streams and wetlands resulting
from proposed improvements to US 421 between South Fork New River and Blue Ridge
Parkway in Watauga County (R-529BA, BB, and BD). Unavoidable impacts identified
for this project consist of 1.32 acres of wetland impacts and 5,636 linear feet of perennial
stream impacts. Projected wetland impacts for R-529 occur at nine sites along the
proposed alignment, ranging in size from 0.01 acres to 0.99 acres. The largest impacted
wetland site (0.99 acres) is comprised primarily of a ground water seep, while the
majority of other wetland impacts occur at small sites along the fringes of streams and
tributaries. Projected impacts to surface waters occur at 26 sites. A sample of 21 of
these sites were surveyed by NCDOT biologists in the summer of 1997 and evaluated for
water quality and biodiversity. This study indicated that the majority of impacted streams
are classified as Class C Trout Waters and have Good to Excellent water quality. The
results of this study were reported in a document entitled "Stream Assessment Report, R-
529BA and BB", dated 15 August 1997, and distributed to the U.S. Army Corps of
Engineers, the North Carolina Division of Water Quality, the North Carolina Wildlife
Resources Commission, and the U.S. Fish and Wildlife Service.
Proposed mitigation for R-529 is primarily the Sparta Bog mitigation site in
Alleghany County, North Carolina. The Sparta Bog site was purchased by the NCDOT
in November, 1997 to provide stream and wetland mitigation for impacts resulting from
highway construction projects in the New River Basin. NCDOT proposes to provide
mitigation for impacts resulting from R-529 and other future projects in the New River
Basin through restoration, enhancement, and preservation activities conducted at the
Sparta Bog mitigation site. The balance of the stream mitigation required for R-529 will
be obtained through a contractual arrangement with the Wildlife Resources Commission.
Sparta Bog Mitigation Site Description
The Sparta Bog is located in central Alleghany County, within the New River
Basin, approximately two miles west of Sparta, N.C., at the junction of NC 18 and SR
1173 (Figure 1). It is considered to be a site of national significance by the North
Carolina Natural Heritage Program and has been studied by the North Carolina Nature
Conservancy as a candidate for acquisition. The NCDOT conducted an extensive
biological survey in August and September 1997 to document the existing conditions at
the site. Existing wetlands were delineated and mapped, and potential site alterations
were identified. The results of this survey were presented in a report dated 22 October
1997 entitled "Natural Resources Evaluation of the Sparta Bog Mitigation Site,
Alleghany County, NC". This report was distributed to the Corps of Engineers, the
Division of Water Quality, the Wildlife Resources Commission, the Fish and Wildlife
Service, and other interested agencies in October, 1997.
The Sparta Bog comprises 324 acres, of which about 26 acres are jurisdictional
wetlands. Wetlands occur along seepage slopes and in a narrow bottomland associated
with an unnamed perennial stream (Figure 2). These wetlands have been classified as
Southern Appalachian Bog, Northern Subtype according to the North Carolina Natural
Heritage Program's community classification system, and have been assigned a rarity
rank of G 1 S 1. This indicates extreme rarity for this community type. Forested uplands
of the property are comprised of Chestnut Oak Forest or Mesic Mixed Hardwood Forest.
Wetland communities at the Sparta Bog site support populations of rare flora and fauna,
including the southern bog turtle and 15 species of state listed plants. Human
disturbances which have impacted hydrology, soils, and vegetation include: ditching of
small wetland bogs and seeps; channelization of segments of the perennial stream;
installation of subsurface drainage structures; grazing of cattle in the wetlands; ranging of
cattle within the stream channel; and mowing portions of the bog for forage.
Sparta Bog Mitigation Project Strategy
Development of the Sparta Bog for wetland and stream mitigation will be
conducted in five phases. Due to the sensitive nature of the site, the rarity of the
community type, and the occurrence of significant populations of rare species, the
NCDOT has been advised by the regulatory agencies that actions should not be
undertaken until a more thorough understanding of the site and its dynamics is available.
This conservative strategy is needed to make sure that NCDOT mitigation activities do
not disrupt the existing biological features of the site, and to increase the probability of
achieving successful mitigation. Development of the phased approach has been
coordinated with various natural resource agencies, including the Corps of Engineers, the
Division of Water Quality, the Wildlife Resources Commission, and the N.C. Museum of
Natural History, at an on-site meeting in December, 1997. Plans for additional site
investigation were discussed, as well as potential restoration and enhancement options.
Based on the recommendations of this meeting, NCDOT has developed a strategy for
study and implementation.
Phase 1. Preservation
In November 1997, following extensive coordination with the Wildlife Resources
Commission, the Sparta Bog site was purchased by NCDOT and consequently protected
from potential development. At the time of purchase, the property was under imminent
threat from residential development. The property had been on the market for several
years, and the owners had received offers to subdivide and develop the upland portions of
the property. Such development would undoubtedly have resulted in significant
alteration of the watershed characteristics; the water quality would have declined, and the
hydrology for the bog would have become less stable due to increased runoff and
sedimentation. Purchase of the property by NCDOT has ensured protection from such
development and has preserved the existing hydrologic conditions, in addition to
providing a sizable upland buffer for wildlife habitat.
2

Phase 2. Detailed Site Investigation
Extensive natural resource investigations will be conducted at the Sparta Bog site
throughout the summer growing season of 1998. These studies will supplement the
previously published Natural Resources Evaluation to provide more detailed and
comprehensive data. As discussed in detail at an on-site meeting in December 1997,
investigations will include hydrologic studies, water quality measurements, and detailed
soil and flora mapping. Groundwater hydrology monitoring wells will be installed in
April 1998 to record changes in groundwater through the growing season and to measure
the sensitivity of groundwater levels to local precipitation. Water quality analyses will
conducted, consisting of a series of water quality samples and measurements to determine
pH, nitrogen concentration, and the concentration of various metals. Surveys for rare
plants will be conducted during three periods in the 1998 growing season to facilitate the
identification of species when they are in flower. Surveys for bog turtles and preferred
bog turtle habitat will also be conducted. Floral surveys, along with soils, topographic,
and hydrologic data will be used to develop a detailed site map identifying microhabitats
within the overall bog system. The objective of these studies is to enhance the
probability of successful hydrologic restoration and to ensure that proposed management
activities do not harm existing rare flora and fauna. Completion of this phase of data
collection is scheduled for October 1998.
Phase 3. Mitigation Plan Development
After the completion of Phase 2, all available data and site mapping will be
synthesized into a mitigation plan for the Sparta Bog site. Preliminary reviews of the site
have identified several opportunities for wetland mitigation and stream restoration which
will be evaluated based on the availability of new data. NCDOT will pursue any
combination of activities that will promote the long term restoration of the Sparta Bog
wetlands and the protection of existing rare species.
Potential wetland restoration and enhancement activities under consideration
include:
1) Backfilling or blocking of ditches draining portions of the bog and
removal of ditch spoil. (Site investigations by NCDOT biologists
revealed the presence of hydric soils which currently show no
evidence of wetland hydrology. Such areas may be restorable if
drainage is removed.)
2) Removal of subsurface drainage structures.
3) Reforestation of upland areas within the watershed which are currently
in agriculture. (Such areas could be left open as fields for wildlife
habitat if it is determined by WRC to be preferable)
3
Potential stream restoration and enhancement activities under consideration
include:
1) Reestablishment of natural stream meanders in approximately 2000 ft.
of stream segments which have been channelized. (This assumes
such activities can be accomplished without significant harm to
adjacent wetlands and endangered plants and animals on site.)
2) In-stream habitat restoration and enhancement within the existing
channel in channelized stream segments. (Note: A determination
will be made between options 1 and 2 regarding which is most
appropriate)
3) Enhancement and stabilization of existing stream banks and channel in
approximately 1500 ft. of unchannelized stream.
4) Exclusion of cattle within the stream channel to protect water
quality and eliminate stream degradation.
Phase 4. Implementation
It is the intent of NCDOT to begin implementation of mitigation activities at the
Sparta Bog site no later than the Fall of 1999, after the completion of the site
investigation in Phase 2 and the approval of the mitigation plan in Phase 3.
Implementation may be scheduled in stages if recommended by the regulatory agencies,
in which case restoration and enhancement activities (including planting) should be
complete by Spring 2001.
Phase 5. Monitoring
NCDOT will monitor the status of hydrology, vegetation, and rare flora and fauna
prior to construction as part of the planning phase; throughout the implementation phase;
and for five years following the completion of all implementation activities. Once all
implementation and monitoring activities are complete in 2005 or 2006, ownership of the
property will be transferred to another state agency with land management
responsibilities. The Wildlife Resources Commission has expressed an interest in
accepting maintenance and management responsibilities for the site.
It is understood that the dates indicated in Phase 4 and Phase 5 are contingent
upon the schedule approved in the mitigation plan, and are subject to change with the
approval of the regulatory agencies.
The state Wetland Restoration Program has agreed to collaborate with the
NCDOT during Phase 2 and Phase 3 , especially in the development of proposed scopes
of work and the review of technical reports.
4

NCDOT/WRC Stream Mitigation Agreement
The NCDOT is entering into a formal agreement with the Wildlife Resources
Commission to perform stream mitigation in the New River Basin, patterned after the
agreement for TIP No. A-10 in Madison County. This mitigation agreement will provide
all stream mitigation required for R-529 that cannot be provided at the Sparta Bog ,A7
mitigation site. The agreement is based on providing mitigation at a 2:1 ratio for the v1
5636 linear feet of project impacts. Typical mitigation measures may include, but are not
limited to, stream bank stabilization and/or revegetation, installation of fish habitat
structures, fish stocking, fencing livestock out of the stream, or constructing managed
livestock watering facilities. A copy of the agreement to be executed between the
NCDOT and WRC is in Appendix A. This agreement has been submitted to the WRC
for execution.
1.e?-o - -A 1 11 V-? C\\

The WRC will conduct a search within the New River Basin; particularly in
Watauga County, to identify stream segments requiring restoration. The WRC will be
responsible for developing a mitigation plan for these stream segments. The plan will be
reviewed by the Corps of Engineers and the Division of Water Quality. WRC will be
responsible for meeting the established success criteria of the mitigation plan. The
agreement includes provisions for maintenance and monitoring. NCDOT will provide
funding for the mitigation activities on a linear foot basis, will acquire the necessary
conservation easements, and will also be responsible for maintenance costs for five years.
Summary
The Sparta Bog mitigation site is being offered as mitigation for unavoidable
impacts to streams and wetlands associated with R-529 and other future projects in the
New River watershed. Although the Sparta Bog site will not by itself provide sufficient
stream mitigation for R-529, it should provide mitigation for some stream impacts and all
wetland impacts associated with this highway project. Additional stream mitigation
required to compensate for impacts of R-529 will be addressed through a cooperative
agreement with the Wildlife Resources Commission.
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OPT% PLANNING & ENVIRONMENTAL BRANCH
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Appendix A
NORTH CAROLINA
WATAUGA COUNTY
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
REINIBURSEMENT AGREEMENT
ANI)
PROJECT: R-529BA, BB, & BD
NORTH CAROLINA WILDLIFE
RESOURCES COMMISSION
THIS AGREEMENT, made and entered into this the day of
1998, between the DEPARTMENT OF TRANSPORTATION, an
agency of the State of North Carolina, hereinafter referred to as DOT, and the NORTH
CAROLINA WILDLIFE RESOURCES COMMISSION, hereinafter referred to as WRC;
WHEREAS, DOT has prepared and adopted plans to make certain highway
constructions and improvements under Project R-529BA, BB, and BD, Watauga County,
said plan consisting of the construction of US 421 from South Fork New River to the
Blue Ridge Parkway at Deep Gap; and
WHEREAS, the U. S. Army Corps of Engineers, hereinafter referred to as COE,
and other resource agencies have expressed concern regarding the expected primary and
secondary impacts on streams and tributaries due to channel relocations and culvert
installations associated with the construction of said Project; and,
WHEREAS, DOT has acquired a site in Alleghany County to perform wetland
and stream mitigation activities, and this site is under study to develop a detailed
mitigation plan; and,

WHER \S, DOT has agreed to perform certain stream enhancement mitigation at
a 2:1 ratio to address these concerns and meet the permitting requirements For the
construction of Project R-529BA, BB, and BD; and,
WHEREAS, DOT has requested WRC to undertake the planning and
implementation of the agreed to off-site stream enhancement mitigation that cannot be
provided at the Alleghany County site; and,
WHEREAS, WRC has agreed to perform said mitigation subject to the conditions
hereinafter set forth.
NOW, THEREFORE, the parties hereto, each in consideration of the promises
and undertakings of the other as herein provided, do hereby covenant and agree, each
with the other, as follows:
1. WRC shall be responsible for developing a mitigation plan for up to
approximately 11,272 linear feet of off-site trout stream enhancement
mitigation for impacts associated with the construction of the Project. The
final length of mitigation to be provided by WRC will be determined after
completion of the mitigation plan for the Alleghany County site. Streams
selected shall be of similar size or larger. Typical enhancement measures may
include, but not be limited to, stream bank stabilization and/or revegetation,
installation of fish habitat structures, fish stocking, and fencing livestock out
of the stream or constructing managed livestock watering facilities. Said plan
shall be reviewed and approved by the COE. All work shall be in accordance
with DOT's policy and procedures and subject to DOT's review and approval.
_'. DOT shall be responsible for obtaining ill easements needed to implement the
approved mitigation plan at the required ratio. WRC shall help identity the
preferred mitigation areas but shall not be involved in securing said
easements. DOT shall attempt to include a provision for angler access into
each easement.
3. WRC shall be responsible for all physical stream restoration activities as set
out in the approved mitigation plan. All work shall be subject to the review
and approval of DOT and comply with federal and state guidelines and
procedures.
4. WRC shall complete work set forth in this Agreement within five (5) years
from the date of execution of this Agreement or within three (3) years of the
date of receipt of the easement, whichever is later. In the event DOT needs an
extended period of time to obtain the necessary easements, the period of time
for WRC to perform the mitigation tasks shall be adjusted.
5. DOT shall pay WRC for said mitigation work as set out above at the rate of
fifty dollars ($50.00) per linear foot of stream restored up to a maximum
amount of $563,600. Reimbursement shall be made in three (3) equal
installation payments of $140,900, with the first payment made upon
execution of this agreement and within 30 days of receipt of an invoice from
WRC, and the fourth payment to be made based upon actual feet of restoration
needed. The second payment shall be made upon completion of 2,818 linear.
feet of restoration, the third payment made upon completion of 5,636 linear
feet of restoration, and the final payment upon completion of up to 11,272
linear feet of .stream bank restoration. or the project has been accepted as
complete by DOT. Reimbursements for each installment shall he made upon
receipt of an invoice from the Commission, and approval of said invoice by
DOT's Manager of the Planning and Environmental Branch and the Fiscal
Section. A final invoice must be submitted within one (1) year of completion
of said work.
6. WRC shall maintain all books, documents, papers accounting records, and
such other evidence as may be appropriate to substantiate costs incurred under
this Agreement. Further, WRC shall make such materials available at its
office at all reasonable times during the contract period, and for three (3) years
from the date of final payment under this Agreement, for inspection and audit
by the DOT's Fiscal Section.
7. WRC shall be responsible for meeting the established success criteria of the
mitigation plan. DOT shall be responsible for all costs associated with any
required maintenance for a period of five (5) years after completion of the
work on a costs plus basis. WRC will be responsible for required
maintenance for an additional ten (10) years after completion of this project.
IN WITNESS WHEREOF, this .-\greement has been executed, in duplicate, the ciao and
vear heretofore set out, on the part of DOT and WRC by authority duly liven.
WITNESS: NORTH CAROLINA WILDLIFE
RESOURCES COMMISSION
BY:
TITLE:
NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION
BY:
TITLE:
APPROVED AS TO FORM
BY:
TITLE: