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HomeMy WebLinkAboutR-2911WM STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR Memorandum to: Meeting Participants From: Phillip Todd, NCDOT Prepared by: Elizabeth Scherrer Subject: Davie County, Minutes for Springer Tract Agency Meeting, TIP No. R-2911 WM PARTICIPANTS: Beth Barnes NCDWQ 919-715-8394 Beth.Bames@ncmail.net Gene Nocerino NCDOT 919-715-1454 gjnocerino@dot.state.nc.us Chris Militscher USEPA - Raleigh 919-856-4206 militscher.chris@epa.gov Marella Buncick USFWS - Asheville 828-258-3939 ext. 237 marella-buncick@fws.gov Marla Chambers NCWRC 704-485-2384 chambersmj@vnet.net Kurt Cribb Catawba College 704-637-4206 kpcribb@catawba.edu Fred Alexander USDA-NRCS Davie Co. 336-751-5011 fred.alexander@nc.usda.gov Todd St. John NCDWQ 919-733-9584 todd.st.john@ncmail.net Eric Alsmeyer USACE 919-876-8441 ext. 23 eric.c.alsmeyer@usace.army.mil Andy Abramson The Land Trust for Central NC 704-647-0302 andy@landtrustcnc.org Laura Fogo USFWS - Pee Dee NWR 704-694-5334 laura_fogo@fws.gov John Wear Catawba College Ctr. for Env. 704-637-4738 jwear@catawba.edu Philip Todd NCDOT 919-715-1467 ptodd@dot.state.nc.us David Springer Property owner 336-988-8235 Elizabeth Scherer EcoScience Corp. 919-828-3433 scherrer@ecosciencenc.com Grant Lewis EcoScience Corp. 919-828-3433 lewis@ecosciencenc.com March 17, 2003 LYNDO TIPPETT SECRETARY An agency meeting was conducted on February 11, 2003 to discuss jurisdictional wetland and stream issues at the Springer site, as well other agency considerations. The meeting provided a forum for input by the various interested parties and entities. The Springer site is being considered as a mitigation site by NCDOT. Catawba College has an interest in the Springer site as an educational and research opportunity, and the Land Trust for Central North Carolina is interested in the site as an extension of a large Yadkin River corridor easement. Federal and State wildlife agents were concerned with the value of the site as wetland and waterfowl habitat. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE: WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NO Major topics of discussion during the meeting are summarized below. • Stream jurisdictional status Eric Alsmeyer (USACE) concurred that two streams shown on the USGS topographic quad, and on the Davie County soil survey, are intermittent and unimportant. The one perennial stream (called Stream 1 in the agency packet) was not seen by Mr. Alsmeyer during the meeting, and will be seen at a later date. Todd St. John (NCDWQ) determined that data forms prepared by EcoScience Corporation supported a perennial stream call; however, he was interested in the location of data collection in support of the forms. Additional benthic work may be necessary to determine the point where the stream becomes perennial verses intermittent. Although Mr. St. John wanted more information as to the flow regime in the stream, he indicated that the stream was a good candidate for stream mitigation. He determined that the other two streams are intermittent and may be altered for mitigative purposes. Subsequent benthic sampling of Stream 1 by Mr. Ward Elis of EcoScience indicated Stream 1 as intermittent from its source to the point of the ford crossing (approximately 1000 feet), and perennial from that point to its mouth (approximately 1100 feet). EcoScience noted in conversations with Mr. St. John that salamanders had been found within the entire stream reach of Stream 1. Therefore, from a NCDWQ perspective, Stream 1 is perennial from its source to its confluence with the South Yadkin River (approximately 2100 feet). • Wetland jurisdictional status Eric Alsmeyer (USACE) agreed with the locations and general sizes of hydric soils in forested areas as determined by EcoScience Corporation. Other locations of hydric soils (for example, in pasture areas) were determined to be candidates for wetland restoration, enhancement, and/or creation. • Stream enhancement credit through vegetative buffers ESC presented an option of increasing vegetative buffers from 20 to 60 feet to 200 feet adjacent to the Yadkin and South Yadkin Rivers to generate enhancement credit along approximately 10,500 linear feet of river channel. The EPA and USACE generally agreed to allowing flexible credit ratios for buffer planting; however, Mr. Alsmeyer (USACE) indicated that regulatory guidance is expected on this issue in the next few months. Mr. St. John (NCDWQ) indicated that he would not be able to render a decision on the buffer issue until he discussed the matter with other regulators in his office. After subsequent discussions, it was determined by Todd St. John of NCDWQ that stream mitigation credits would be given if the entire floodplain of the Yadkin and South Yadkin Rivers are replanted. • Educational and research opportunities Catawba College, in coordination with the Land Trust, NCWRC, and USFWS would like to perform various wetland and landscape enhancement and creation activities at the Site. Research and learning opportunities would be offered to students and staff at the college. These activities can be coordinated with the goals of the Land Trust for Central North Carolina. The College can work with the Land Trust in administration and enforcement of the planned conservation easement. Mr. Andy Abramson with the Land Trust was interested in leaving some portions of the floodplain un-forested for public access and/or other recreation activities. Easement alternatives to accommodate these activities should be considered. Beth Barnes noted that NCDOT should have more conversations with the College about the proposed land uses for areas upslope of the floodplain and water intake. • Land Trust and easement considerations The Land Trust for Central North Carolina is assembling a large easement area on the Yadkin River corridor. The organization is interested in extending the easement onto the Springer site. If an easement on Mr. Springer's land is acquired by NCDOT, the Land Trust would be the recipient and administrator of the easement at the end of the five-year mitigation monitoring period. • Wildlife considerations The wildlife agencies showed interest in shallow, mainly open wetland areas on the Springer site as waterfowl habitat. Habitat for other wetland species, such as amphibians and wetland flora, was also discussed. The wetland preservation, enhancement, and restoration goals proposed by EcoScience Corporation are largely consistent with those of the wildlife agencies. However, EcoScience Corporation would normally plant bottomland hardwoods at higher densities than optimal for waterfowl, due to mitigation requirements. Discussions with NCWRC and USFWS indicate that emergent, herbaceous vegetation would be preferable in shallow, open-water impoundment areas. However, further agency discussion may be necessary prior to generation of mitigation credit in a freshwater, open-water/emergent and herbaceous vegetated wetland. • NCDOT mitigation goals NCDOT is interested in receiving mitigation credits for stream preservation, buffer enhancement, and stream restoration on the Springer site. Wetland preservation, enhancement, and restoration are also proposed. The proposed work on Stream 1 does not appear to conflict with the goals of any of the participants present at the meeting. Buffer enhancement along the Yadkin and South Yadkin Rivers may extend to 200 feet, depending on allowed enhancement credits. Planting of this buffer would not interfere with work on the interior wetlands, and is therefore consistent with the participants' goals. NCDOT may restore, enhance, and/or create approximately 9 to 10 acres of wetlands on-site, depending on allowed mitigation credits. The wildlife agencies are interested in maximizing the amount of wetlands on-site. The amount and nature of wetlands to be created, enhanced, or restored on-site will depend on mitigation value and on further input from the USACE, NCDWQ, and the wildlife agencies. If any meeting participants find this memorandum to be in error, please contact Elizabeth Scherrer at (919),828-3433. s from Review of Springer Tract Subject: Mtg Min utes from Review of Springer Tract Date. Mon, 17 Mar 2003 08:19:14 -0500 From: ptodd@dot.state.nc.us Organization: North Carolina Department of Transportation To: Eric Alsmeyer <Eric.C.Alsmeyer@saw02.usace.army.mil>, Marella Buncick <marella_buncick@fws.gov>, "Todd St. John" <todd.st.john@ncmail.net>, Beth Barnes <beth.bames@ncmail.net>, Marla Chambers <chambersmj @vnet.net>, "Gene J. Nocerino" <GJNocerino @dot. state.nc.us>, Andy Abramson <andy@landtrustcnc.org>, Chris Militscher <Militscher.Chris@epamail.epa.gov>, kpcribb@catawba.edu, fred.alexander@nc.usda.gov, laura_fogo@fws.gov, jwear@catawba.edu Happy St. Patrick's Day to everyone. Thank you for attending last month's meeting to review the Springer Tract. Your time and comments at our meeting on the tract were very beneficial to NCDOT and to the other parties NCDOT is working with on this project. I think we have the workings of a very good project from several perspectives and meeting multiple objectives of the parties involved in the project. Attached to this email is a copy of the meeting minutes from our review last month of the Springer Tract. If you have any questions, additional comments or corrections, please contact Elizabeth Scherrer (919-828-3433) or myself (919-715-1467). Name: 1-Springer Tract -- Feasibility Agency Mtg Minutes.doc Type: Microsoft Word -- Feasibility Agenc?Mtg Minutes.doc. Document (application/msword) Encoding: base64 Download Status: Not downloaded with message 1 of 1 3/21/2003 9:36 AM 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 Johnson Site Iredell County, North Carolina Agency Review Project No. 02-KC-02 Tip No. R-2911 WM State Project No. 8.1631802 NOW3gkI7bnb oooz 9 p .lbw 4089 1001SONV43M North Carolina Department of Transportation Project Development and Environmental Analysis Branch Office of Natural Environment April 2003 I 1.0 INTRODUCTION ' The North Carolina Department of Transportation (NCDOT) initiated the Johnson Site Mitigation Feasibility Study in November 2002 to evaluate the feasibility of restoring a degraded section of ' an unnamed tributary to Little Hunting Creek (UTLHC). The purpose of the potential mitigation project would be to compensate for unavoidable stream and buffer impacts in the Upper Yadkin River Basin resulting from planned NCDOT Transportation Improvement Projects. 1 2.0 METHODOLOGY The Johnson Site assessment was divided into three components: initial coordination, a constraints evaluation, and a comprehensive field investigation. The initial project coordination included meetings with the landowner and the county Natural Resource Conservation Service (MRCS) agent. The intent was to discuss the operation of the farm and the functional needs of the landowner in order to minimize/avoid disturbances that could be caused by the proposed project. Further, the landowner participation in the Conservation Reserve Program (CRP) was discussed with the NRCS agent to assure that no overlap would occur. ' All available information regarding project site constraints was acquired and reviewed. This included information about hazardous wastes, utilities and easements, cultural resources, and rare/threatened/endangered species. In addition, any physical characteristics and conditions that ' have the potential to constrain the restoration design and/or implementation were documented during the field investigation. The field investigation included a morphological assessment and classification of the subject stream (Rosgen Level II), photograph-documentation of existing conditions on the subject property, and the review of a potential wetland restoration area adjacent to the subject stream (soil borings and documentation of hydrologic indicators and sources). 3.0 SITE DESCRIPTION ' The project site is part of a 197-acre parcel owned by Mrs. Lottie Johnson. The property is an active dairy with several structures for housing livestock and storing farm machinery, feed, and equipment. The primary land uses on the property include the dairy operation, rangeland, ' agriculture (small grain), and forest. Little Hunting Creek and Hunting Creek form the western and southern property boundaries, respectively. ' Local geology consists of intrusive and metamorphic rocks of the Inner Piedmont Belt. These include metamorphosed granitic rock with biotite, gneiss, and schist in nearby areas. Predominant soil types located within the project watershed include Chewacla soils (Cw), Colfax sandy loam (CxB), and various soils from the Cecil Series (CcC, CcE, CfB, CfC, CfD, CgC, CsE). Lesser areas of Lloyd loam (LmE) and Hiwassee loam (HwC) were indicated in the southwest portion of the watershed. ' UTLHC is a first-order, perennial stream that drains in a south-southwest direction across the subject property before joining Little Hunting Creek. It is located within USGS Hydrologic Unit 03040102, in a non-targeted portion of the NC Division of Water Quality (NCDWQ) Priority Sub-basin 03-07-06. The drainage area of the project reach at the upstream limits is 0.08 square ' miles. An additional 0.09 square miles (0.17 square miles total) drain to UTLHC before its confluence with Little Hunting Creek. The UTLHC project reach includes a total of 2,850 linear feet of perennial stream channel (Refer to Figure 1 - Existing Conditions). The reach begins at a barbed wire fence near the northern property boundary (Station 0+00). It flows due south for approximately sixty feet before being joined from the east by Tributary #1 (TI). T1 is incising with several nick points indicating active headward erosion. Mature woody vegetation typifies the composition of the riparian zones in this area; however the vegetation begins to thin out (becomes grass dominated) as the valley narrows adjacent to the west stream bank. ' UTLHC continues south, southwest for approximately two hundred thirty-five feet (to Station 2+95) before reaching a low water ford. The stream crosses under a fence below the ford. Herbaceous and small woody vegetation has grown over the stream and riparian areas in this section. Further, there is a noticeable change in the stream morphology as the channel narrows substantially downstream of the ford. Following cross-sectional measurements, it was determined that this reach classified as an incising "E5" stream type based on Rosgen, 1996. UTLHC flows southwest from this point (to Station 6+40) before exiting the fenced area. In this reach, the channel continues to incise with downstream progression transitioning between an incising "B5" and a "G5c" as the stream becomes entrenched. The riparian area consists of small ' woody vegetation with interspersed larger trees along the west side of the channel, before extending beyond the fencing into an active pasture. The east side of the channel is characterized by small woody vegetation. There is a large animal waste lagoon approximately thirty-five to fifty feet from the centerline of the channel. Beyond the fence line, cattle have complete access to UTLHC. The channel changes to an "175/176" stream type. Severe bank erosion has resulted from the animal traffic. Bed degradation is evident and sedimentation from bank erosion, as well as hill slope erosion is widespread. Two tributaries (T2 & T3) enter UTLHC in this reach. T2 is a small, spring-fed intermittent reach that has experienced erosion from poor grazing management and overland flow. T3 begins from a four-inch PVC pipe (thirteen feet exposed) that serves as the overflow outlet for a farm pond that is elevated to the west of this area. Minimal riparian vegetation (several large trees) is present along either tributary. ' From the fence line at Station 9+40, the stream becomes moderately entrenched as it continues in a southwest direction for approximately one thousand thirty-five feet (to Station 19+75). The stream transitions from an "F5/F6" to a "135c" type. The height of the banks reduces the ability ' of cattle to access the channel throughout the majority of this section; however, access becomes more frequent as the valley widens near Station 17+00. UTLHC flows through a forty-eight inch corrugated metal pipe (CMP) under a small road leading to the southwest portion of the subject ' property. UTLHC flows west, southwest from the culvert through an actively farmed area (small grain). ' The stream is pinched along the toe of the roadway slope of Hunting Creek Road, then turns south before its confluence with Little Hunting Creek near Station 28+50. The stream has down cut through the majority of this reach, but several large bedrock features have slowed the bed degradation. Nonetheless, base level lowering from Little Hunting Creek has caused this section ' to be steeper than the other portions of UTLHC. , An • r ?Y T • t ? *?s SF ? '?yy?? ,Fy ,yam V` r \ N 6 iAft Bs q 1 ? r ? 'r'hs a1, Y !C? r/ ! Johnson Site Mitigation Feasibility Stud Figure 1. Existing Conditions Legend ~a ' 0 Nickpoint Potential Wetland Study Area Utility Pole Pond N - Bedrock Outcrop Waste Lagoon r Utility Easement Bedrock Cross Vane Fence Headcut :Cross Section Debris Jam N Streams Bedrock Step Feature w{" y 100 0 100 200 Feet • ' ? ; i t Source, 2002 Aerial Photographs - Iredell C°O4' n Mapping DePartmeni -Scale: 1:1200.. 1" = 100' A portion of the project site was also evaluated for wetland mitigation potential. The area is ' approximately 0.45 acres and is located on a hillside adjacent to the right streambank between T2 and T3 along the study reach. Two borings, to a depth of 36", were completed and profile descriptions were developed. None of the soils (Colfax) in the examined area are considered ' hydric or secondary hydric according to state or county soils lists. An assessment of the soil properties also indicates that insufficient depleted (reduced) conditions occur in the upper 12 inches for the soils to be considered hydric for the purposes of restoration. Likewise, the examination of the site indicates that hydrology is derived from surface runoff and groundwater ' seeps; however, the site gradient is sufficiently steep to prevent the development of hydrologic conditions required for wetland restoration. 4.0 MITIGATION CONCEPT ' The narrow nature of the valley as well as the landowner requirements regarding adjacent land use serve to laterally confine the stream and reduce the belt width available for restoration. Therefore, a Priority 3 approach to restoring the stream to a stable form is most appropriate. This strategy would involve restoring the stream generally within the existing stream corridor/belt ' width through adjustments to the stream dimension and profile. Based upon existing stream characteristics such as slope, entrenchment ratio, and bed materials ' composition, the goal will be to restore a stable 135c stream type. In-stream structures would be incorporated to reduce the burden of energy dissipation on the channel geometry. Cross vanes would be installed as grade control structures to create step-pool bed morphology and provide ' vertical stability. Degraded, eroding banks would be stabilized by excavating the upper portion to a flatter slope, installing native woody plantings, and using J-Hook Vanes (J-Vanes) to decrease near bank shear stress and influence secondary circulation in the near-bank region. Further, the in-stream structures would promote efficient sediment transport and produce/enhance in-stream ' habitat. The proposed stream dimension, pattern, and profile would be based on the detailed ' morphological criteria and hydraulic geometry relationships developed from an appropriate reference stream. However, typical 135c Stream Morphological Criteria are provided in Table 1. Based on a width-to-depth ratio of 15 and a bankfull cross-sectional area of 7 square feet, the ' bankfull width of the proposed 135c channel would be approximately 10 feet. The corresponding mean and maximum depths and width of the flood prone area would be 0.7 feet, 1.0 foot, and 17.0 feet respectively. ' The following site improvements have been included as a part of the mitigation concept and deal specifically with animal management (in particular, cattle exclusion) in the restoration area: ' Three stabilized stream crossings will be installed to provide access for the cattle to pasture isolated b) the incorporation of the riparian buffers and exclusion fencing. Rock fords, fenced on either side to exclude cattle from accessing the waterway, are recommended measures for these crossings. • Offline wavering devices will be installed at a minimum of two locations as depicted in Figure 2. Wells, pumps, and any underground services required to provide these resources at these ' locations will be included as part of this improvement. • Cattle exclusion fencing will be installed around all restored riparian areas. 1 'l I I Restoration Alternative I consists of the above components and a fifty-foot forested riparian buffer on both sides of the restored stream for the length of the stream restoration activities (Figure 2). The buffers will extend from the proposed bankfull elevation. Existing forested areas along the roadway embankment of Hunting Creek Road will be preserved in their current condition. Based upon the components proposed, Restoration Alternative 1 offers 2,210 linear feet of potential stream restoration. This includes approximately 5.4 acres of riparian buffer. Utilizing a standard 1:1 credit ratio for in-kind mitigation within the same watershed as the impact(s), it is anticipated that this alternative could produce as much as 2,210 credits for stream mitigation purposes. Tahh- 1 Tvniral R5r Ctream MnrnhnlnuienI Criteria. Parameters Values * Entrenchment Ratio (ER) 1.4-2.2 Width/Depth Ratio (Wekf/dhkf) > 12 Sinuosity (K) > 1.2 Water Surface Slope (S) < 0.02 Meander Width Ratio: Belt Width / Bankfull Width 2.0-8.0 Ratio: Pool Spacing/ Bankfull Width 4.0-5.0 Ratio: Radius Curvature / Bankfull Width Highly Variable Ratio: Meander Length / Bankfull Width Highly Variable Bed Materials (1350) (mm) 0.062-2.0 0 From empirical data developed by Rosgen (1996). % 1 \ P ?? ? 5 'r. Johnson Site Mitigation Feasibility Study Figure 2. Restoration Alternative 1 Legend ' W Offline Watering Devices 50-foot Buffer from Top of Bank ? • ?, ` ?? ? O - t +? Cattle Crossing Pond _ Waste Lagoon * 14 Approx. Stream Alignment Cattle Fence 100 0 100 200 Feet \,: Source: 2002 Aeriol Photographs - /redell Counrv Mapping Dep.,", t S-1, 1:1200, 1" - 1,0' Johnson Site Agency Review Photograph Log r 7^ Z f • w `?i r ? ,T??,r X ?t k fit M1 ?' x ?+ +k Y f'. n f r jD ! n { a` / r 2 s ? ym rt, .?. k jr \ ?? S _ - t », F?r t ?i r? ? 2+ sn ? J? •? 11 }I r?,1D: t+, a^?ati'+.?j ?tjr'f 4, ? ? `a fr , ._ ?d ..? ..aLr ?aSia .._. .,-"?? . ,??...t i -s... _ . ea5., -k. a.a a. ? ..ra :', . .vSai ?•-?_Std]., + --.. .vw z . _: Cattle access the stream below Station 6+40. Stream is highly unstable below "fenced out" area. a`??1.i.,1 +?+?45:, *? ,-?:i ?(.f .. l?%,, - I ? i] 1 ? ,? •ilPl. brs `- k. a ' ,y . a 4'• •? i i i?.. ,` ? .iz °'ff' '??d t r /9"• f ? t t'..i- 'i,G^, ''i'} y - rr?r •? ?M. k _? `+v ,n m? 9 ! !?/?. ?? ";? k,. r \ `.{ Ufa{. 4?i' .? '`,+ ? ?; ??y f?Ar ?.??ii• ? •? Ir?d?. 'y ?t? ki r ? ti'' - ,ltl.4y,-t ?.t 14 rjM' z? t1., l L1 l??i ft. °-k Y L . ar _ f i' l I.I Y 4? `? i ` I 1 Looking upstream at Station 6+40 (fence line). Proposed stream restoration activities would begin at this location. Tributary 2 (T2), looking northwest. This system is fed by seeps from the hillside. Tom- t_ 66?? B .. F? ti Johnson Site Agency Review Photograph Log Cross section T2-1, looking downstream. Cattle have access to each of the tributaries on the west side of UTLHC. 1 I I I I Johnson Site Agency Review Photograph Log Elevated view of cross section 4, near Station 7+53. Confluence of Tributary 3 (T3) with UTLHC. Johnson Site Agency Review Photograph Log 1 I T3 looking downstream towards the confluence with UTLHC. Fence line at Station 9+40. This fence divides the cattle groups. t Johnson Site Agency Review Photograph Log I r I I Cattle access/damage to the hill slope from Station 9+40. This disturbance provides high sediment suppl} to the system. Looking southwest, view of potential buffer restoration area, adjacent to the east side of UTLHC. Johnson Site Agency Review ' Photograph Log I I Cross section 9 (Station 27+48). Confluence of UTLHC with Little Hunting Creek. Downstream project limits. - ® Stem i a PROGRAM July 7, 2006 Mr. Steve Lund U. S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Dear Mr. Lund: Subject: EEP Mitigation Acceptance Letter: R-2911A, US 70 Relocation from SR 2318 (Fanjoy Road) to the Iredell-Rowan County Line, Iredell County; Yadkin River Basin (Cataloging Unit 03040102; Central Piedmont (CP) Eco-Region References: USACE Individual Permit issued August 17, 2004 (Action ID Number 200430596) NCDWQ Individual Permit issued May 11, 2004 (Project Number 040289) The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the additional compensatory stream mitigation for the unavoidable impact associated with the above referenced project. As indicated in the NCDOT's mitigation request letter dated June 19, 2006, compensatory stream mitigation from EEP is required for approximately 377 feet of additional stream impacts. EEP previously accepted impacts for this project totaling 1,817 feet of stream and 0.27 acre riverine wetlands. The USACE and NCDWQ issued 404/401 Individual permits on August 17, 2004, and May 11, 2004, respectively, authorizing the wetland and stream impacts listed above. The required amount of wetland and stream mitigation was provided by EEP at the end of the transition period. The additional compensatory stream mitigation required for this project will be provided in accordance with the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP commits to implement sufficient compensatory stream mitigation up to a 2:1 ratio to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the impacts change from the above listed North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net j -P" amount, then this mitigation strategy letter will no longer be valid and a new mitigation strategy letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, Uliam D. Gilmore, P.E. EEP Director cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: R-291 1A July 7, 2006 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: R-2911A, US 70 Relocation from SR 2318 (Fanjoy Road) to the Iredell-Rowan County Line, Iredell County References: USACE Individual Permit issued August 17, 2004 (Action ID Number 200430596) NCDWQ Individual Permit issued May 11, 2004 (Project Number 040289) The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the additional compensatory stream mitigation for the subject project. Based on the information supplied by you in a letter dated June 19, 2006, the impacts are located in CU 03040102 of the Yadkin River Basin in the Central Piedmont (CP) Eco-Region, and are as follows: Stream: 377 feet EEP previously accepted impacts for this project totaling 1,817 feet of stream and 0.27 acre riverine wetlands. The USACE and NCDWQ issued 404/401 Individual permits on August 17, 2004, and May 11, 2004, respectively, authorizing the wetland and stream impacts listed above. The required amount of wetland and stream mitigation was provided by EEP at the end of the transition period. The additional compensatory stream mitigation required for this project will be provided in accordance with the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on :5"' NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-0416 / www.nceep.net 4 July 22, 2003. EEP will commit to implementing sufficient compensatory stream mitigation to offset the additional impacts associated with this project by the end of the MOA year in which the permit modification is issued. If the above referenced impacts amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, Wi D. Gilmore, P.E. C EErector cc: Mr. Steve Lund, USACE-Asheville Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: R-2911A -Additional