19970616 Ver 1_Mitigation Information_20010406

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North. Carolina Wildlife Resources Commission ??r
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Cynthia Van :Der Wiele, DWQ Wetlands/401 Unit
DOT Project Coordinator
FROM: Joe Mickey, Jr. NCWRC
Stream Mitigation Coordin for
DATE: April 6, 2001
SUBJECT: DWQ approval of Bare stream mitigation site in association with the US 421
DOT Project R-529, Watauga County. DWQ # 97 0616
The purpose of this memo is to request 401 certification for the Mare stream
restoration/enhancement mitigation project and monitoring protocol associated with the US 421
Project (R-549) in Wataaga County. The North Carolina Wildlife Resources Commission
(WRC) has a Reimbursement Agreement with the North Carolina Department of Transportation
(NCDOT) dated May 1, 1998 as part of the 401 and 404 permit process to restore degraded
streams in the upper New River Watershed. Under this agreement the WRC is responsible for
developing a mitigation plan for approximately 14,814 linear feet (1: 2 mitigation ratio for US
Army Corps of Engineers) of stream enhancement mitigation for impacts associated with
construction of the R-529 project. The DOT/WR.C agreement notes that "typical enhancement
measures may include, but not be limited to, stream bank stabilization and/or revegetation,
installation of fish habitat structures, fish stocking, and fencing livestock out of the stream or
constructing managed livestock watering facilities". The DWQ certification (# 97-0616,
4/20/98) for this project requires mitigation of 7,407 linear feet (1:1 ratio). DWQ requires
Priortiy I restoration in order to receive 1:1 credit. However, DWQ will consider other
mitigation credit at higher ratios for stream enhancement, streambank stabilization and
stream/buffer preservation (DWQ's Flexible Stream Mitigation Policy, 5/10/00). To date, we
have cornpl -1;744 feet of restoration (Carp site = 592 ft, Racey site =1,154 ft), leaving a
remaiping 5,665 li r feet (7,407 minus 1,742 feet) to be completed for DWQ. The enclosed
project er reduce the total linear feet needed for mitigation by DWQ.
Three copies of the Bare project plans are enclosed for your use and distribution to Dave
Penrose in your Raleigh office and to Jennifer Fry in the Winston-Salem Regional Office. An
earlier conceptual plan has been approved by the landowner that outlines the enhancement
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]
measures that will be done to improve the stream through the Bare property- The conceptual
plan for the Bare site was approved by the multi-agency 421 Review Team on November 11,
2000. On March 3, 2001, Dave Penrose and Jennifer Fry visited the site and recommended that
we include it in our mitigation program.
The Bare site is not a Priority I restoration which receives 1:1 mitigation credit from
DWQ. However, a similar project last year (Racey site) did receive DWQ 1:1 mitigation credit
for bank stabilization, enhancement of dimension and profile, and vegetation planting. We
request that DWQ consider each project on its individual merits. We would like to receive a 1:1
mitigation ratio for this site. However, if this is not possible, we request that DWQ consider a
2:1 mitigation ratio. Restoration/enhancement activities will include changes in dimension,
pattern and profile, instream habitat improvement structures, vegetation planting in the riparian
buffer, and livestock exclusion. The site will be put in a permanent Conservation Easement to
ensure long term protection. Once the project is completed, an as-built plan along with a copy of
the conservation easement will be submitted to DWQ, COE and DOT.
Thank you for your attention to this project review, determination of mitigation credits,
and DWQ approval. If I can be of any further assistance please let feel free to contact me at
336/527-1547 or by email at [e-mail].
CC: John Dorney, DWQ (without plan)
Phillip Todd, DOT
Steve Lund, COE
Frank McBride, WRC (without plan)
File copy (dotmit/word/42 1 /bare 401)