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Home My WebLink About20041594 Ver 5_Application_20071210STATE OF NORTH CAROLINA > t� J(JN 1 ft/ `'NUS * WA DUk DEPARTMENT OF TRANSPORTATION sr ATEP�r 4� BEVERLY EAVES PERDUE EUGENE A CONTI JR GOVERNOR SECRETARY June 8 2012 U S Army Corps of Engineers Regulatory Field Office 151 Patton Avenue Room 208 Asheville NC 28801 5006 ATTN Ms Loretta Beckwith NCDOT Coordinator Subject Request for Modification to Individual Permit and 401 Water Quality Certification for the US 64 Relocation from US 19/74/129 In Murphy to east of NC 141 in Peachtree Cherokee County State Project No 8 1910203 Federal Aid Project FR 14 1(1) TIP No R 0977A NCDOT Division 14 Debit $570 00 from WBS Element 34357 1 1 Reference USACE Individual Permit Action ID No 200530150 (February 2 2005), and Modifications (July 3 2006 and May 2, 2008) DWQ WQC No 3487 DWQ Project No 20041594 (December 21 2004) and Modifications (November 22, 2005, June 16, 2006 and June 30 2008) Dear Ms Beckwith The purpose of this letter is to request a modification to the mitigation requirements for the project at Permit Sites 11 and 19 Permit Site 11 Pursuant to the original 404 permit and 401 certification (dated February 2 2005 and December 21 2004, respectively) NCDOT was to provide 801 linear feet (LF) of on site stream mitigation with a 50 -foot vegetated and wooded buffer at this site NCDOT was only able to provide 730 LF of stream mitigation with only partial buffer due to utility easements the necessity to provide safe sight distances for driveways, and encroachments by adjacent landowners Pursuant to a meeting between NCDOT, USACE and NCDWQ on April 26 2012, it was determined that the NCDOT will need 449 LF of additional stream mitigation at this site to maintain compliance with the original permit conditions The 449 LF was MAILING ADDRESS TELEPHONE 919 707 6100 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 212 5785 PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 BIRCH RIDGE DRIVE 1598 MAIL SERVICE CENTER WEBSITE WWW NCDOT ORG RALEIGH NC 27610 -4328 RALEIGH NC 27699 1598 calculated by determining whether any buffer is present and if present how sufficient or deficient (and if deficient by how much) the existing buffer is Therefore NCDOT has secured through EEP the 449 LF of mitigation that is deficit at this site Permit Site 19 Pursuant to the 404 Permit Modification and 401 Certification Modification (dated May 2 2008 and June 30 2008 respectively) NCDOT was to remove a 115 foot section of pipe from an unnamed tributary to McCombs Branch and restore the channel During the realignment of Y9 NCDOT was unable to secure the property on which the stream to be restored is located Therefore, NCDOT has secured through EEP 115 LF of mitigation that is deficit at tlus site In an e mail dated June 4 2012 Ms Beckwith with the USACE confirmed that the required mitigation is at a 1 1 ratio An EEP Acceptance letter, dated May 31, 2012 confirms that the requested combined mitigation of 564 LF (449 LF + 115 LF = 564 LF) will be provided by EEP The total impacts for the R 0977A project have not changed Due to the issues described above, the means of mitigation for impacts at Site 11 and Site 19 have been modified to include additional mitigation from EEP A copy of this permit modification application and its distribution list will be posted on the NCDOT website at http//www ncdot org /doh/preconstruct/pe /neu/permit html If you have any questions or need additional information please contact Mr Bill Barrett by telephone at (919) 707 6103 or by e mail at wabarrett(a ncdot gov Sin cerely Gregory J Thorpe, Ph D , Manager Project Development and Environmental Analysis Unit cc NCDOT Permit Application Standard Distribution List 2 r Ecosystem PROGRAM May 31 2012 Mr Gregory J Thorpe PhD Manage► Project Development and Environmental Analysis Unit North Carolina Department of Transportation 1548 Mail Service Centei Raleigh North Carolina 27699 1548 Dear D► Thorpe Subject EEP Mitigation Acceptance Letter R 0977A US 64 Relocation Cherokee County USACE Action ID Number 2005 )0150 NCDWQ Number 3487 The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation foi the subject project Based on the information supplied by you on May 22 2012 the impacts are located in CU 06020002 of the H►wassee River basin in the Southern Mountains (SM) Eco Region and are as follows Hiwassee Stream Wetlands Buffer (Sq Ft ) 06020002 Cold C ool Warm :Ripati:an:[ Non Coastal Zone 1 Zone 2 SM Riparian Marsh Impacts 0 564 0 0 0 0 0 0 (feet /acres) The stream mitigation credits currently available in the cataloging unit consist of cold temperature streams EEP commits to providing sufficient compensatory stream mitigation credits (cold) to offset the impacts associated with this project as determined by the regulatory agencies in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 if the above referenced impact amounts are revised then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance lettei will be ►equired from EEP 1929 If you have any questions or need additional infoi mat►on please contact Ms Beth Harmon at 919 715 Sinc ely Mic ae Ellison EEP puty Director cc M► Lori Beckwith USACE — Asheville Regulatory Field Office Mr Brian Wrenn Division of Water Quality Wetlands /401 Unit File R 0977A jzmt rul j EdWWUtg Prot" OW .SSt6i✓& 47A NCDENR North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net