20130743_Other Agency Comments_20100107

REPLY TO
.ATTENTION OF
Regulatory Division

n
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 6, 2010
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Action ID No. SAW-2007-2197-357/300, TIP No. R-2518 A/B and R-2519 A
Gregory J. Thorpe, Ph.D., Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Dr. Thorpe:
Reference the Department of the Army (DA) permit issued on April 17, 2008 to the North
Carolina Department of Transportation to discharge dredged or fill material into 0.94 acres of
wetland and 14,766 linear feet of stream channel within the Little Ivy Creek, Cane River, and
South Toe River drainages associated with the widening of approximately 21 miles of US
Highway 19/19E in Madison and Yancey Counties, North Carolina (TIP No's. R-2518 A/B and
R-2519 A). Also reference your written requests of July 31, 2009 and November 4, 2009 to
modify permitted impacts to waters of the United States within two segments of the US Highway
19 construction corridor.
Your July 31, 2009 modification request addresses Section R-2519A of the US 19E
widening project. The original permit, based upon preliminary design, authorized impacts of
5,309 linear feet to surface waters and 0.29 acre to jurisdictional wetlands. Current impacts, now
based upon final design plans received with your submittal, have been reduced to 4,509 LF of
stream loss, increased slightly to 0.30 acre of wetland impacts, and include 1,019 LF of bank
stabilization
Your November 4. 2009 modification request addresses the additional piping of 1,228 LF
of Ivy Gap Branch as a result of the elimination of a retaining wall which was depicted on the
original Roadway Plan Sheets 30-31 within the R-2518A Section of the project. The change is
necessary due to poor soil conditions discovered during geotechnical studies. This revision has
been coordinated with and agreed to by all NEPA/404 Merger Team members. The resulting
additional stream channel loss includes a 307 linear foot segment of stream which was utilized
for preservation mitigation credits in the original permit authorization. This segment, coupled
with the aforementioned piping of Ivy Gap Branch, will require additional mitigation for the
equivalent of 1,535 linear feet of stream channel. NCEEP has indicated in a letter dated
November 5, 2009, that they agree to implement the additional mitigation.for the project up to a
3:1 ratio within the French Broad HUC 06010105.

We have reviewed the above proposals and in accordance with your written requests have
hereby modified your original authorization. The plans submitted with your requests replace
those authorized by our original April 17, 2008 permit. Any further modification to the permit
plans must be approved by the USACE prior to implementation.
Special Condition No. 15 of the referenced permit is hereby modified to include the additional
language:
" In order to compensate for the additional unavoidable impacts to stream channels, the permittee
shall mitigate for unavoidable impacts to 1,535 linear feet of cold-water stream channel
associated with this modification by payment to the North Carolina Ecosystem Enhancement
Program (NCEEP) in an amount determined by the NCEEP, sufficient to perform 4,605 linear
feet of cold-water stream restoration within Cataloging Unit 06010105 of the French Broad River
Basin in accordance with the NCEEP Mitigation Acceptance Letter of July 9, 2009 from William
D. Gilmore, Director, NCEEP
Special Condition No. 19 of the original permit is modified to read as follows:
"All conditions of the North Carolina Division of Water Quality's Section 401 Water Quality
Certification No. 3706, original dated October 11, 2007, and subsequently modified on March
17; 2008, February 20, 2009, September 4, 2009, and December 11, 2009, are hereby
incorporated as special conditions of this permit.
It is understood that all other conditions of the original permit remain applicable and that
the expiration date is unchanged.
If you have any questions, please contact Mr. David Baker, Asheville Field Office,
Regulatory Division, telephone [phone], extension 225.
Sincerely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies furnished:
J.J. Swain, Jr., P.E., Division Engineer
NC Department of Transportation, Division 13
Post Office Box 3279
Asheville, North Carolina 28802

Mr. Brian Wrenn
NC Division of Water Quality
Transportation Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650