19970616 Ver 3_Fax_20050602

REPLY TO
dTTENTION OF:
Regulatory Division
DEPARTMENT OF THE ARMY D ~~
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343 ~ `
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June 21, 2011 ~ '~~q A~~~ gp,~~~~~
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Subject: Action ID: SAW-199707161, U.S. 421 from Deep Gap to Boone, NC, TIP No. R-0529
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development & Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Dr. Thorpe:
I am responding to your request, dated April 6, 201 ],for modification to the existing
Department of the Army (DA) permit issued for the above referenced project on May 4, 1998.
Special conditions within the original DA permit required compensatory mitigation to
offset the impacts associated with the construction of this project. Specifically, 16,651 stream
mitigation credits were required from the North Carolina Department of Transportation (NC
DOT) after consideration of avoidance, minimization, and successful on-site stream relocation
practices. To help fulfill this mitigation responsibility, the North Carolina Wildlife Resources
Commission (NC WRC) entered into an agreement with NC DOT to identify and develop
several mitigation sites to alleviate this mitigation component. Now that the NC WRC efforts
are nearing completion, information shows that a deficit still remains in the amount of 12,264
linear feet of stream credits. Therefore, NC DOT requests the modification of their permit to
allow the North Carolina Ecosystem Enhancement Program (NC EEP) to debit enough credits to
alleviate this deficit. A letter from NC EEP dated March 28, 2011, states that they have credits
available for this request.
I have determined that the proposed project modification described above is minor and is
not contrary to the public interest and therefore, the DA permit is hereby modified.
The permit modification for the NC EEP mitigation component now includes the
following:
Compensatory mitigation for the unavoidable impacts to 13,461 linear feet of
stream impact associated with the proposed project shall be provided by the
Ecosystem Enhancement Program (EEP), as outlined in the letter dated March 28,
2011, from William D. Gilmore, EEP Director. Pursuant to the In-Lieu-Fee

Instrument signed July 28, 2010, behveen the State of North Carolina, Ecosystem
Enhancement Program and the US Army Corps of Engineers the EEP will provide
12,264 linear feet of restoration equivalent cold water stream channel in the New
River basin (Hydrologic Cataloging Unit 05050001) in accordance with Section F of
the instrument.
It is understood that all conditions of the original permit remain in effect. Should you have
any questions, please contact Mr. Monte Matthews, Raleigh Field Office, Regulatory Division, at
telephone [phone].
Sincerely,
-~'
'~~' Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies Furnished:
Ms. Carla Dagnino
PDEA-Natural Environment Unit
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1598
Mr. Brian Wrenn
North Carolina Division of Water Quality (NCDWQ)
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Amy Euliss
NCDWQ
585 Waughtown Street
Winston-Salem, NC 27107
Mr. Brian P. Cole
United States Fish & Wildlife Service
160 Zillicoa St.
Asheville, NC 28801
Ms. Marla Chambers
NC Wildlife Resource Commission
12275 Swift Rd.
Oakboro, NC 28129