20140762 Ver 5_USACE Permit_20191227

Wanucha, Dave
From:Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>
Sent:Friday, December 27, 2019 8:22 AM
To:Turchy, Michael A
Cc:Wanucha, Dave; Chambers, Marla J; Matthews, Monte K CIV USARMY CESAW (USA);
Jones, M Scott (Scott) CIV USARMY CESAW (USA); Amanetta Somerville
([e-mail]); Felix Davila ([e-mail]); Claire Ellwanger
([e-mail]); Cheely, Erin K; Beckwith, Loretta A CIV USARMY CESAW
(USA)
Subject:\[External\] NCDOT / R 2915 / US 221 / DIV 11 Permit Modification (SAW-2012-00882)
Attachments:signed LETTER_R2915Mod_2012-0882.pdf; 122319 USACE COR SAW-2012-00882
NCDOT R-2915E.pdf; SAW-2012-00882_NCDOT-R2915E-Div11_IPMod_MRTF.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to [e-mail]<mailto:[e-mail]>

Michael,
Please find attached the permit modification for R-2915 in Ashe/Watuaga Counties. Also, attached you will
find the updated mitigation responsibility transfer form and the comment response letter from the Cherokee
Nation regarding this project. All previous plans/conditions for this project apply except where superseded by
this authorization.

Regards,

Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online.

1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 27, 2019
Regulatory Division
Action ID: SAW-2012-00882
North Carolina Department of Transportation
Division of Highways
Mr. Philip S. Harris III, P.E., C.P.M.
Natural Environment Section Head
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
I refer to your Department of the Army (DA) Individual Permit dated January 7, 2015,
in which we authorized the placement of fill material into 3.04 acre of wetlands and
7,886 linear feet (If) of stream, and temporary placement of fill material into 0.31 acres
of Waters of the US, associated with the widening of US Highway 221 from US 421 to
US 221 Business/NC 88 in Jefferson, in Watauga and Ashe Counties, North Carolina
(TIP Numbers R-2519 A-E). This was a phased permit and only authorized work on
Sections A, B and D. Sections C and E were not authorized to commence until final
design was completed, impacts to waters and wetlands were minimized to the extent
practicable, and all modified plans including, but not limited to, a compensatory
mitigation plan were submitted and approved by the US Army Corps of Engineers (the
Corps). Also refer to the modifications issued August 31, 2016 authorizing the final
design of Section C and the modification December 7, 2017 authorizing impact
modifications under the old bridge crossing the South Fork New River in Section B.
By letter dated April 7, 2017, you requested a modification for final impacts
associated with changes to two permit sites in Section B as a result of a driveway
modification and new temporary wetland fill. The requested changes involve an
additional 0.15 acre of temporary wetland impact at Section B Site 4. It also includes the
relocation of the stream impact at Site 3 for a total of 71 linear feet of permanent stream
impact, a reduction of 40 linear feet compared to the previously authorized impact. This
modification request would bring the overall projected impacts (Sections A-E)
associated with this modification request for the project to 3.11 acres of permanent
wetland impacts, 0.15 acre of temporary wetland impacts, 8,156 linear feet of
permanent stream impacts (6,983 linear feet of fill and 1,173 linear feet of bank
stabilization), and 0.34 acre of temporary stream impacts.

-2-
By letter dated June 15, 2018, we received another modification request for changes
to Site 1 B on Section B. This request would result in an additional 20 linear feet of bank
stabilization along Gap Creek. This modification request would bring the overall
projected impacts (Sections A-E) associated with this modification request for the
project to 3.11 acres of permanent wetland impacts, 0.15 acre of temporary wetland
impacts, 8,176 linear feet of permanent stream impacts (6,983 linear feet of fill and
1,193 linear feet of bank stabilization), and 0.34 acre of temporary stream impacts.
By letter dated April 5, 2019, we received a request to modify and extend this permit
to include the final impacts for R-2915E. This final design of Section E proposes
impacts to 0.46 acre of permanent wetland impacts, 0.01 acre of temporary impact,
1,366 linear feet of permanent stream impacts (907 linear feet of channel fill and 459
linear feet of bank stabilization) and 576 linear feet (0.07 acre) of temporary stream
impacts. The total stream impacts for R-2915E have increased since the preliminary
impacts presented in 2014 as a few streams have been delineated since then, the
slopes have changed in a few locations, bank stabilization impacts have been added,
and drainage design at the time was very preliminary. The overall projected impacts
(Sections A-E) associated with this modification request for the project changed to 3.05
acres of permanent wetland impacts, 0.15 acre of temporary wetland impacts, 0.05 acre
of hand clearing in wetlands, 9,137 linear feet of permanent stream impacts (7,485
linear feet of fill and 1,652 linear feet of bank stabilization), and 0.41 acre of temporary
stream impacts
After review of the information you submitted and the inclusion of the following
special conditions, we have determined that your existing DA authorization is modified
to include the work detailed in your submittals dated April 7, 2017, June 15, 2018 and
April 5, 2019.
All work authorized by this permit must be performed in strict compliance with the
originally approved application and plans for R-2915, which were received on
July 22, 2014 and the updated modification request and plans dated July 28,
2016, April 7, 2017, November 20, 2017, June 15, 2018 except where
superseded by this authorization.
In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined on the most recent
version of the enclosed Compensatory Mitigation Responsibility Transfer Form.
The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization.
Mitigation for R-2915 Sections A, B, C and D were already required by permit
issued January 7, 2015 and subsequent modifications detailed above. A
Mitigation Responsibility Transfer Form is enclosed requiring the offset of final
design impacts to Section E of R-2915.

-3-
In addition to special conditions stated above, all conditions of the original permit
and its modifications apply except those superseded by this authorization. The
expiration date has been extended to December 31, 2024.
If you have questions, please contact Steve Kichefski at [phone], extension
4234.
FOR THE COMMANDER
Monte Matthews
Lead Project Manager
Regulatory Division
Enclosure
cc (without enclosure):
Michael Turchy — NCDOT
Dave Wanucha - NCDWR
Marla Chambers — NCWRC
Amanetta Somerville — USEPA
Claire Ellwanger— USFWS
Felix Davila - FHWA
Monte Matthews — USACE

GW-Y.@ Di3P
CH EROKEE NATION-�
P.U. Box 948 • Tahlequah, UK 74465-0948
918.453-5000 • www.chcrokcc.org
December 23, 2019
Steven L. Kichefski
United States Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Office of the Chief
Chuck Hoskin Jr.
Principal Chief
Bryan Warner
Deputy Principal Chief
Re: SAW-2012-00882 for North Carolina Department of Transportation R-2915E
Mr. Steven L. Kichefski:
The Cherokee Nation (Nation) is in receipt of your correspondence about and related report for
SAW-2012-00882 for North Carolina Department of Transportation R-2915E, and
appreciates the opportunity to provide comment upon this project. Please allow this letter to serve
as the Nation's interest in acting as a consulting party to this proposed project.
The Nation maintains databases and records of cultural, historic, and pre -historic resources in this
area. Our Historic Preservation Office reviewed this project, cross referenced the project's legal
description against our information, and found no instances where this project intersects or adjoins
such resources. However, these resources are ineligible for the National Register of Historic Places
according to the related report. Thus, the Nation does not object to the project proceeding as long
as the following stipulations are observed:
1) The Nation requests that United States Army Corps of Engineers (USACE) re -contact this
Office for additional consultation if there are any changes to the scope of or activities
within the Area of Potential Effects;
2) The Nation requests that USACE halt all project activities immediately and re -contact our
Offices for further consultation if items of cultural significance are discovered during the
course of this project; and
3) The Nation requests that USACE conduct appropriate inquiries with other pertinent Tribal
and Historic Preservation Offices regarding historic and prehistoric resources not included
in the Nation's databases or records.

SAW-2012-00882 for North Carolina Department of Transportation R-2915E
December 23, 2019
Page 2 of 2
If you require additional information or have any questions, please contact me at your convenience.
Thank you for your time and attention to this matter.
Wado,
Y_
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation Tribal Historic Preservation Office
[e-mail]
918.453.5389

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NCDOT/ Attn: Mr. Philip Harris
Project Name: NCDOT / R 291S / US 221 / DIV 11 / EEP
Action ID: SAW-2012-00882
County: Ashe
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 05050001, New River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
907
0.3
0.16
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 05050001, New River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1814
0.6
0.32
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: Mitigation for R-2915 Sections A/B/C/D were already required by the permit issued
January 7, 2015 and the August 31, 2016 modification, this additional compensatory mitigation is required to offset final
design impacts to R-2915 Section E.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email: [e-mail]). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Steve Kichefski
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email: [e-mail]
KICHEFSKI.STEVEN.L.13869085 Digitally signed by
KICH EFSKI.STEVEN.L.1386908539
39 Date: 2019.12.20 13:40:12-05'00'
USACE Project Manager Signature
December 20, 2019
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online.