19960470 Ver 1_Mitigation Information_20081015

rec'd i0115-1200b
Y(XY'1 1 tYl ij0 f C? v=?Ca c-0
37 Cross Nnah, Asheville, NG 28605-9213
(7-M, A, - ooko )
Phone. [phone] Date. 6!712006
Rm A-10 USAGE permit documents +CC Mike McDonald
0 urgent 0 for Review 0 Please Comment 0 Please Reply 0 Please Recycle
Jeff Attached are USAGE permit documents related to the A-10 DOT project (1-26) in Madison
County. Since it appeared that you would not be able to make a decision on the PlemmonsXirkpatrick
site until you had these documents in hand, 1 took the time to locate; therm for you. I have summarized
the document in this package by date for your convenience.
December 11, 1995 - Original project description letter from DOT to the USAGE for purposes of
obtaining their 404 permit. The original impact to troth streams is indicated as 6,550 feet.
August 28,19% - Letter of transmittal for the USAGE 404 permit Final numbers in permit are 9,990
feet of impacts, i only obtained the special conditions section that contains the mitigation numbers
(condition 9 - 25,000 linear feet of off-site mitigation)_ Furthermore, it references the DOTtMC
agreement to do this work, The agreement between DOT and WRC is an attachment to the USAGE
permit, In the first paragraph on page 2 a reference is made stating that the off--site mitigation
requirements were cxalcuWed at a 2:1 ratio. In item 1 farther down the page it indicates that the WRC
will be responsible for providing approximately 25,000 linear feet of off-site taut stream mitigation (I
assume it was written that way because you can'( get an exact linear footage from a project). The
typical enhancement measures are also stated.
December 19, 1986 - A letter authorizing a variance from the trout spawning moratorium for a waste
disposal site (not relevant to the mitigation issue).
January 15, 1997 - Letter conveying a signed DOTNVRC agreement to the USAGE.
Fax. [phone] Pages: 21
N
June 7, 2000
January 13, 1998 - Letter from USAGE to DOT approving permit modifications that include increasing
the stream impact figure to 11,140 linear feet. This adds the 1,150 linear feet in item 2 of the letter to
the original 9,930 linear feet This Is the final impact number that was used in calculating the mitigation
required. Thus, using the 2:1 ratio figure, this actually would have been 22,280 (2 X 11,140) linear feet
of Impact. Item 15 specifies the change in linear footage is added by supplemental agreement to the
original DOTNVRC agreement. The original 25,000 linear feet described in the original permit was
sufficient to carver the revised mitigation number.
The DQTW2C agreement was implemented -is follows:
1. DOT was to acquire the sites. This included cultural resources reviews.
2, Mitigation review teams were used to approve sites. Sikes were to consist primarily of enhancement
or restoration work. Stream preservation could be used, but it could not comprise a majority of any
individual project site.
3. WRC was responsible for preparing the design plans, construction oversight, and preparation of an
as-built report. Individual permits were not required for each project site; they were covered under
the original blanket permit with review of the design plans by the mitigation review team that
included USAGE and DWQ. The linear footage from each site was debited directly from the
25,000 linear foot number.
4. DOT was responsible for monitoring the sites for 5 years. WRC was responsible for meeting the
success criteria (i think these were set out in the mitigation plans).
5. W;C was responsible for identifying and implementing needed repairs at all sites. DOT was
responsible for all costs of maintenance for 5 years after completion of the work at each site. This
was on a cast plus basis (but actually it ended up being just a cost basis).
1 hope this clarifies the mitigation requirements for the A-10 project and provides enough Information to
go ahead with the project. As I discussed with Mike MWonald, conversations with EEP staff in general
indicated that the PlemmonsXiNpatrick (and Bowlin/Sheets) sites were going to be the only transition
projects that were in progress prior to the May 18, 2005 cutoff bate established by DOT, I felt that we
had verbal agreement to move forward with construction at this site even though A did not meet all of
EEPs criteria. We have completed the mitigation plan and have secured USAGE and DWQ permits.
We are, however at a critical point in the process. We have solicited bids for construction and are
prepared to award that bid. Our schedule is to go to construction on or about June 19rn I would like to
get this issue resolved as soon as possible so we can notify the contractor the status of his bid. I will be
available the remainder of this week to discuss this issue Ef necessary. Thanks in advance for helping
to resolve this issue promptly.
Jim Bofawa
Watershed Entknncement Group Supervisor
828-299-7023
borawalo@earthlink_net
9 Page 2

STATE or NORTH &RO LINA
DEPARTMENT OF TRANSPoRTATioN
JAMES B. 1"IUNT J2
000 RNOR
DIVISION OF HIGHWAYS
F.D. ROX 25201. PZAI 1C;f 1 N.C. 27611-5201
GARLAND B. GARRTTT JR.
SFULFTARY
December 11, 1995
Ftc:c?r,larc>r ?' 13rlnch:
kY:iJill'
riS ii)Tl l iglu t } 73%C
1' 0. Box 1890
Wiiniingtan, Norill Carolina
Dear Sir:
28402-189F)
SUBJECT: hSadison County, I-26 (US 19-23) from north of NC 213 to the Tennessee
State Line, State Project No. 8,T842401, T,IR No. A-00 10.
The North Carolina Department of Transportation (NCDOT) proposes to construct
1-26 from the existing interchange at U.S, 233 and N.C. 197 to the North Carolina/Tennessee
state line at Sam's Cap. This will involve both construction on new location and upgrading
sections of existing U. S, 19/23 to interstate standards.
The proposed construction has been under consideration since 1973 when it was
included in the Appalachian Development Highway Program Section of the 1973 I-lighway
Improvement Program. Construction of the proposed U.S. 2311-26 project will establish a
major new north-south route through the region, provide a safer, interstate-quality roadway
north from Asheville, and complete the interstate highway corridor link from Charleston,
South Carolina to Cincinnati, 01h o.
The NCDOT conducted a corridor study to select the most reasonable and feasible
alternative. The Final Environmental Impact Statement of this corridor study was signed
March 10, 1994. The study identified 21 preliminary corridors. Based upon analyses and
comments provided by state and federal agencies and citizens, several corridors were
eliminated from consideration while new ones were developed. Twelve preliminary
corridors were selected for additional studies and comparison. Ultimately three corridors
were ;elected as reasonable and feasible build alternatives, The use of the existing alignment
was also considered.
After an extensive evaluation of the three reasonable and feasible alternative
corridors and a Public Hearing held on July 21, 1992, a preferred alternative was selected,
This corridor was selected based upon the maximum usage of existing roadway right-of-
way, fewest environmental impacts, second fewest residential and business relocations, and
lowest construction costs.
The preferred alternative utilizes as much of the existing 1J .5.23 as possible. This
alternative also parallels the existing roadway more closely than the other alternatives. This
configuration minimizes environmental impacts. Habitat fragmentation has been further
minimizcd through close agency coordination and placement of Wildlife crossings.
s
e
Coordination has continued throughout final design with bath the U.S. Dish and Wildlife
Service and the N.C. Wildlife Resources Commission in an effort to provide feasible sites
for wildlife crossings.
The preferred alternative also has the lowest anticipated wetland impacts of the
three reasonable and feasible alternative corridors or the existing alignment corridor. The
wetlands impacted along this corridor are primarily associated with streams. The project
impacts a total of 7,79 acres of wetlands and relocates a total of 8,550 linear feet of
streams. An inter-agency field visit was made to the project it) March of 1995 This field
review was attended by representatives of the U, S. ATM), Corps of Engineers , N C
Division of Frivir-onrnental Management. N C Wildlife Resources Commission and the
'z('DOT The 111);),?cts precentrd below were discussed ILVII11 th ,a?tei?.ies hresc!?' rat tl?,
tl
=le A- 10 project tr0111 north of N(' 2i, to i)c: Noidi ('arohn1J,- l onnessc.c- :.,late iii1c.
is proposed to be constructed in three sectiomi for funding reasons This letter submits the
permit application for all of these sections. The first section, A- I OBB, extends from north
ofN.C. 213 to U.S. 19 northeast of'Mars Hill. This work is located generally along the
alignment of existing US 19-23, This will require fill in wetlands at four locations, for a
total of 0.45 acres. An additional three sites require impacts to surface waters only. These
impacts are depicted on Sheets 2 through 12 and summarized on Sheet 13.
The second section, A-10C, extends primarily on new location from northeast of
Mars Hill to SR 1318 at Laurel Creek. This section will impact wetlands at ten locations
and surface waters at six. This will result in 4.I3 acres of wetland impacts and 1.81 acres
of surface water impacts. These impacts are depicted on Sheets 14 through 49, and
summarized on Sheet 50.
The third section, A- 100, extends from SR 1318 to the Tennessee State Line This
section will impact a total of 3.21 acres of wetlands and 1,10 acres of surface waters. The
seven impact sites are depicted on Sheets 51 through 69, and summarized on Sheet 70,
The impacted wetlands are of several types. Only eight of the 20 impact sites
occur in undisturbed forested wetlands, with a total impact of 0.98 acres, Typically, these
sites occur where groundwater seeps into small unnamed tributaries, and are dominated by
trees, saplings, shrubs and herbaceous vegetation, The plant community at these sites
includes such species as: buckeye (Aesculus octandra) ironwood (f:Winus caroliniana)
red maple (:gcgr fu?rpm), birch (Betula sp.) laurel (Rhododendron sp.), spicebush
(Lindera bertzoin), toothwort (Cardamine sp.), turtleheads (Chelne sp.), water parsnip
(Sium suave) and water hemlock (Cicuta sp.), soft rush (Juncus effusus), touch-me-not
(Impatiens pallida), sour-grass (Rurnex sp.). and hydrangea (Ilydrangea ar[Lorescens)
The remaining wetlands on the project are dominated by herbaceous vegetation
and young, shrubs, and tree seedlings. For the most part, these wetlands have been
disturbed by logging, agriculture, or residential development, The development of the
vegetative community is affected by the frequency of these disturbances. Most of these
wetlands are fed by groundwater seepage, and discharge into small tributaries.
Ten sites, totaling 2.92 acres of impact, experience ongoing disturbance by
mowing or grazing. The frequency of ties disturbance determines the dominance of
sorUbs versus herbaceous species These areas are dominated by species such as buckeye.
(Aesculus aetandra), elderberry (Sambucus canadensis), rasberry vine (Kobus
ta,ccdentaI-is), Virgin's BoWer (C'lenlatis virginiana), annual blue grass (pia annua), x011
needle-trash (Juncus effusus), sedges (Carex sp. ), tall fescue (Festuca sp. ), touch-me-nett
( qr patiens a l cla) tear thumb (Pol flnum sa ittatum), blackberry (Rubus sp,),
goldenrod ($otida?,?o sp), tag alder (A1nus scrrulata), and members of the fancily
Asteraccae.
Six wetland areas have been affected I)v recent to wing, with a total impact of 1 87
LCICt ,, l 11CS: SNCS OUCUr Where ionndwiiei- Seq)s• Into 5111.111 linnaine-4 trlbuiarles.
BL:.I, ' C 01"111C -'000W rent+ va! of lhc. i:'imo y. it-mc she`s i,re don,I;laicd b% sh nihs and.
1 ala?,??'cr;+ pecie? such as seta nee.zl?--al 11 0,.1ncu,s t RI.," s), tifd1"es (Ca?-ex sp.?.
bittcrcress (( ardamine sp.), violet (Viola sp.), elderberry ( al>?bucus caicadcnsis),
goldenrod (Solidago sp.), Jack-in-the-pulpit (r sarnwa tr_j,phyllu>nstinginig nettle (Urtica
dioica), goldenrod (Solidago sp), spicebush (Lindera benzoin) and laurel (Rhododendron
sp.) touch-me-not Qpjpatielns allida), and toothwort (Pentaria sp.).
Two sites occur in fields recently used to grow crops, containing a total of 1,79
acres of impact. Both sites have been fallow for some time, and are beginning to undergo
old field succession. They are dominated by shrubs and herbaceous vegetation such as.,
red maple (.aver rubrum), willow (Salix sp.), soft rush (Juncus effusus), sour-grass
(Rumex sp.), hydrangea (Hydrangea arborescens), and members of the family Asteraceae,
The remaining three sites are also domnated by herbaceous vegetation, involving a
total of 0.23 acres of impact, They consist of small seepage and alluvial areas dominated
by soft needle rush (Juncus efJusus), sedges (Carex sp.), touch-me-not (Impatiens allida),
fescue (Festuca sp.), Bluegrass (1Poa sp.), raspberry (Ftubus sp.), birch (Betula ni ra),
elderberry (Sambucus canadensis), goldenrod (Solidao sp.), and tag alder (Alms
serrulata),
As mentioned earlier, the project will relocate a total of 8,550 linear feet of streams.
Approximately 400 linear feet of Hear Branch, a trout stream, will be relocated into a new
channel. An additional 6,650 linear feet of trout stream will be relocated into pipes or
culverts. It should be noted that 5,000 linear feet of this 6,550 feet of impact involves
streams that have already been degraded by adjacent logging; activities, This leaves 1,650
linear feet of undisturbed trout streams to be relocated into pipes and culverts.
The remaining 1,500 linear feet of stream impact occurs along Higgins Branch and
Jarvis Branch, which are not trout streams. These stream sections will be relocated into box
culverts.
The NCDOT is committed to mitigating the wetland and stream impacts of this
project, The NCDOT is studying the possibility of creating wetlands along the project
alignment. This study is being provided in accordance with mitigation "step-down"
procedures which stress on-site, in-kind replacement of impacted wetlands. At this time, it
is not certain how much wetlands creation can take place.
The N'CDOT has already begun the development of a mitigation area all-site in (lie
event that insufficient acreage can be provided along the project. The Tulula Creek
Mitigation Site in Graham County has been discussed extensively with the U.S Army Corps
of Fngineers and other agencies. An extensive amount of background data has been
collected on this site. Currently, the hydrologic analysis of the site is being completed It is
expected that a draft mitigation plan for the site will be available by March of 1996.
The Corps of Engineers notified the NCDOT by letter dated August 25, 1995 that
mitigation would also be required for stream impacts. The NCDOT is coordinating with the
N,C. Wildlife Resources Commission in the development of a mitigation proposal to offset
these impacts. This concept has been discussed at interagency permit review rnectin<,s.
Thc Co-,p-ti of En!ti:?ce;s conf ,-n-.,:d in their letter of ??.uSust 25, lit?? that ar:
ln;: NiduF) 404 Permit would bt appropriate !or this pro.1cct C onsecluerrtly, the N(7130'1
has corrtpiled a comprel,ernsive permit application for all sections of the project, and is
developing a c0113prehensive mitigation }clan. Please initiate the review of this project for
authorization under an Individual Permit.
If you need any additional information, please contact myself or Mr. Gordon Cashin
at [phone],
Sincere
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFVlplr
cc: Mr. Bob Johnson, COE, Asheville
Mr. John Dorney, NCEHNR, DEM
Mr. David Cox, NCWRC
Ms. Stephanie Gaudreau, NCWRC, Marion
Mr. N. L. Graf, FHWA, attn: Mr. Roy Shelton
Mr. Kelly Barger, PE, Program Development Branch
Mr. Don Morton, PE, State Highway Engineer - Design
Mr. A_ L. Hankins, PE, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. W. D. Smart, PE, Division 13 Engineer
Ault',7. F?, l y5i?
.j
Regulatory 8zanc:h
Action ID. 19950;1_35
!.r. H. ,'icl.
PIanr1tr>c] anal tiri??c,r;mralt31 F.ki
1JOa?-i? t:azeal'na hepa_, tment of isx.
Post UffiCe? Box " ?`Cr1
Raleigh, IV<,x :.}; ,.arclina 2'7611-5U]
Pear M_-. Vtr_'r.:

In accordance with they wr:t.ten request, of May 1, 1996 and the ensuing
administrative record, enclosed is a Department of the Army (DA.) permit to
place fill material into 11.79 acrl'::; of w(!tl.sands" rolocaLe and/or pipe 99511
linear feet: of :iLream channel within the drainage- areas of Big Branch,
California Creek, Higgins Branch, Jarvis R ranch, sprinkle Creek, Buckner
Branc2i, 14e_ay Branch, and Little {Laurel.) Creek to facilitate the construction
of Interstate Highway 26 (State Project No. B.TB42401, TIP No. A--0010) from
north of NC Highway 213 to the Tennessee State Line at Sarn"-s' Gap, a distance
of approximately 10.2 miles, near Mars I1111, Madison County, North Carolina.
If any change in the authorized work is required because of unforc:Se411 of
altOT'O1 c.onciitions or for any otter_.r roanoti, t.hr platr:-4 revised to Show thc:
clrar.y: twist, be :gent promptly to this off-c e:. Such <'ic:c.ican is necessar}?, a s
revised plans rnu:-t Ise reviewed and the permit. modifireci.
Carefully read your perzn.it. The general and special. Carr:91tions are
i.mpoxtaii t. Your failure to comply with these conditions could re,u:.t i.xi a
viol.at.icn of Federal law. certai_n -,Igriificant qE=neral conditions recluirr..
that:
a. You trust complete construction before Decerlbear 31, 2001.
1a. You must notify this office in advance as to when you intend to
ca; rnr-irr c and complete work.
C. You tsar t allow representatives from this otf_.ce to rnakkl periodic
visits to your work- it.e as deemed necessary to assure compli.anco with pera-dr,
plaps and conditions.
The. encaosed Notice of Autiiori zati 911, EEG Porm 4,136, )Tit St be
cO71sP<.ct:ouHly din;Played at your work,itc:.
Sincerely,
FILENAME: doz. 213E'a
CESAW-CO-kA/l,'.1ND
CESAW- CO-R/WRIGH"s'/s
MAI 1.,
G. Wayne Wright CESAW-CG--R/FILES
Chief, Regulatory Branch
Enclosures

-2-
Copy Furrtished with enc.l r?sures
Chief, Source Data Unit
NOAA/National Ocean ServlCe
ik'r:N 2iaron Tear ]d1+?52F7
wv R111
c ird-L t ions and r an-..
U. - Fish and Wj'lafd Servacc
Fa and Wildlife L-nttanc-:ement
Post Office Box 33`726
Raleigh, North Carolina 27636-372h
Mr. Larry Hardy
National 1?lEarSrrd: $15heries Service:
Pi_vers Island
BeauforL., North Carolina 16516
Mr. Thomas, Welborn, Chief
Wetlands Rccjul?jtoxy Section - t cc gion iv
'Wetlands, Oceans and watersheds hr:a;ich
U.S. Environmental 11rot.t:ction Agency
345 C.'ourt.land Street, N_X.
Atlanta, UPorgia 30365
Mr. John Parker.
Division of C<"oasta]. Management
North Carolina Department of
Environment, Health arid
Natur,-al Re-SOSlrces
Post Office Box 27687
Kaleigh, North C,?az'C.lina 27611-76B''
SPECIAL CONDITIONS
1. All work authorized by this permit must be performed in strict compliance
wi rh Lhe attached plans, which 4are_>, a part of this permit,
2. In order to protect trout waters resources, stringent erosion control
measures will he installed and maintained on all #ill slopes, cut slopes,
waste disposal areas, channel fills and relocations, and other disturbed areas
until such areas are well stabilized. The Corps of. Engineers may direct tare
pormi Ltee r.o repair, add or apgr.ado erosion control measures Kern Wspections
indicate ouch 7C:t' i ,7rS is waar:-rart.eO to pr otec'= aquatic resources.
=.- work w0 l l he conducted in such a manner- as to prevent significant
c~ant
increases in turbidity outside the area of construction or construction
related discharge (50 NTUs in streams and rivers not designated as trout
waters by NCDEM; 25 NTUs in all saltwater classes and all lakes and
reservoirs; 0 NTUs in trout waters).
4- All channel relocations will be designed and constructed according to the
North Carolina Wildlife Resources. Commission's mountain stream relocation
guidelines to the maximum extent practicable. Specific rclocation designs for
Frig Branch, Jarvis Branch and Fear Branch will be submitted to the Cor17, of
Engineers, US Fish and Wildlife service and the NC Wildlife Resources
Commission for review. No construction in these streams will commence until
written approval is provided by the. Corps of Engineers,
.
5. The draining of ponds that are authorized to be filled will be controlled
to as not to release more than minimal amounts of sediment and cause no
appreciable sediment accumulations in waters or wetlands downstream of the
ponds.
6. The permittee and his contractors and/or agents shall not excavate, fill
or perform landclear,i.ng at any time in the construction or maintenance of this
project within waters anal/or wetlands except, as authorized by this permit or
any modification to this permit. Landclearing shall not extend beyond the toe
Of the authorized fill slope. There shall be no excavation from or waste
disposal into jurisdictional wetlands or waters associated with this permit
ex.cep . Chat which is specifically authorized herein, µ
7. To ensure that a13 borrow and waste activities occur on uplands, except as
authorized by this permit, the permittee shall require its contractors and/or
agents to identify all areas to be used to borrow material or to dispose of
dredged, fill or waste material, The perrmitt.ee shall ennure that all such
areas comply with Special Condition No. & of this permit and shall require and
maintain documentation of the location and charact-erlst'ics of all borrow and
disposal sites associated with thin project. 'l'W'iis information will include
d aC. ca regarding soils, vecgset.ation and hydrology sufficient to clearly
demonstrate c:ontpl.iance with Special Condition No. 6 above. All information
wi l 1 be available to the Corps of Engineers upon: request,
4 In order- to compensate for unavoidable wetland impacts, the permittee will
restore and/or enhance at least 30 acres of wetlands on the property
identified in the Preliminary Mitigation Proposal, Tulula Creek and Mountain
]log Wetland Mitigation Sank, Graham County, North Carolina, dated July 1996.

This tniL.igation will be i:itegrated into an overall plan to restore viable
wet lands to those portions of the. 232-acre, site that retain hydric sails. To
bc: considered v -able the mitigation area trust meet or exceed the wetland
vegetation and hydr _,logy criteria round in the 1987 Corps Wotland Delineation
Manual, More specific wetl.an:.-9 mitigation success criteria, monitoring and
rcelrorting requir.rments, property dispensaLion requirements, and e.lre like will
hc, rjccorporatnd iiito this permit- as a wodification .lpon comp]i-tion of tho
iii it i1-L.ia;t plan "r,r L1)e Tulula Crc?1r site The wetland rni.t:atj-rL? otr work 'or
T', P No A-0010 shoul l be complc:t__td hy March 31, 199-9.
9. ]n urder to C7R:p?'.;I;;ate for unavoidaL,1 C' `I.;1r7 tS: t. Zo tx'cu, waters and Lhelr
trihtatari.es, the pnrnri t.I,ee will conduct 25,1)00 linear feet of off-site trout
stream enhancement by fully implementing they "P elinbursement Agreement, Project
A-1DC & 1)" (copy attachctcl) with the North Carolina Wildlife Resources
Commisnion. A stream channel mitigation plan will be submitted to the Corps
of Engineers for review and approval. The permittee will. insure that the
strearn channel miti.gat:ion is accomplished w,it)hin the approved schedule.
lo. In order to ansess impacts to trout waters frt-rm the authorized
construction, the permitteo will conduct environmental monitoring of waters
adjacent to the project area for the life of the project. The permittee will
prepare a monitoring plan designed to assess changes in water quality and
aquatic- biology from highway construction act.ivit.ies. The monitoring plan
should identify the praramet.ers to be analyzed, l.ocataons of sampling stations,
frequency of sampling, dnscri.ptions of the sampling and analytical proccdorr_s
utaed, and a schedule for reporting sampling renults. This monitoring plan
must be reviewed and approved by the Corps of Engineer, prior to any
construction activities in waters or wetlands.
11. The permittee will develop contingency plans for both immediate and lorrg-
term responses to the potential adverse effects of acid producing rock and
stream trlrbidi.t:.y/sedimc•nrati.orr, The plans will identify the responsible party
with NCDOT for- initiating eorrecL.ive. action and include proposed corrective
actions as well as a response schedule. Such plane will be provided to the
Corps of Gngincers for approval prior to any construction activities in ;eaters
or wetlands.
12. Wet concrete will be isolated from any contact. with flowing streams.
13. In order to protect trouC spawning, no construction will occur in the
waters of PWckner Branch, Bear Branch, Little Laurol CreE:}, or any tributaries
of these atr'eamw• during the period December 1 through April 1.5 of any ycear.
1'ti'.VACHM NT TO DEPARTMENT OF THE AWAY PERMIT
AIII NO. 19950.5135
WRTH CAROLINA
HADIGON COUNTY
NORTH CAROLINA DEPARTHEN'T' or
TRANSDOUTATTON
AND
NORTff rvRobXNA WILT)LIrn
RESOURCES COMUSSION
REIMHURsFw,r AGRZZHrNT
PRWECT a A-Its C & D
THIS AG ZEEMENT, made and onterad into this the
day or ,1996, between the DEPARTMENT
OF TRANSPORTATIat1, an aaguacy of the 6ta?to of North Carolinas
hereinafter referred to as the DOT, and the ITORTH CAROLINA
NILDr4IFS RESOURCES CO SSTON, hereinafter referred to as
WRC ;
?'•?Tlil??tT??T?.,
WHEREAS, DOT hag prepared and adopted plats to make
certain highway constructions and improvements under Project
A--10 C & A, Madlaion County, acid play oonaia Ling of the
construction of U5 19-23 rrom Aortheast of US 19 to that
Tanooavea State Tine at Sams Gapf and,
611E ^, the corps of Engineers and other resource
agencies nave expressed c4noern regarding tha expected
primary and secondary impacts on trout streams and
tribgtaries duo to channel relocations and culvert install-
ations ansouiarted with the construction of said Projeot; and,
August 16, 1996 Page I of 5
WITMths, DOT hays agroad to parfnrm certain off--site
trout stream enhancement mitigation at a 2t i ratio to a?ddrasa
these concerns and meet the permiting requireausit;s for the
canrtruGtion of Project A-14 C & D; and,
wnt; tEA9, DOT has rcqu6atod WRC to wndartake the planning
and implementation of the agreed to off-Oita stream
enhancement mitigation; end,
WHrRRXS, WRC has agreed to perform said mitigation
subject to the condition hereinafter set forth.
NOW, THERE@'OREf the pair ties hereto, each in
consideration of the promises and undertakings of the other
as harain provided, do hereby covenant and agree, each with
the other, as followa t
1. WRc shall be responsible for developing a mitigation
N
plan for approximately 25,000 linear feet of Off-site trwut:
stream erhanoement mitigation far impacts associated with the
construction of the projcct. Gtra=a calacted shall he of
similar size or larger. Typical enhancement measures. may
inalude, but not be limited to, streambank stabilization
and/or revegetation, installation of fish habitat structuras,
fish stocking, and Zencing livtstoc% out of tha dream or
constxuctitzg managed livestock watering faccilitIds. said
plan ahall be reviewed and approvad by the. Carps of
August 16, 1996 Page 2 of 5

Engineers. All work ehra l be In accordance with DOT's policy
and procedures and sublpct to VoTfs review and approval.
i
2. DOT shall btu responsible for obtaining all eosementa
needed to irnplemant the approved mitigation, plan at the
required ratio. WRC shall help identify the preferrad
mitigation areas but 011all not be Involved in eecuring,said
easements.
3. W'RC shall be raap©nsible for all physical stream
restoration activities as set Out in the approved mitigation
plan. All work shall be subject tQ the review and approval
of DOT and comply with federal and State guidolincs and
procedure,,;.
4. WRc stmil complete work act forth in thie, Agrecm4nt
within five (5) yearn from the date of execution of thin
Agreement. In no, avent DOT deeds an extended period or time
to obtain. the neoesaary aaaaments, the pariod of time for
WRC to perxorm the mitigation torah" shall bo ad justAd _
5. DOT shall reimburse wRC for the costs of sa14
mitigation work as set Out above at the rate of fifty dollars
($50.00) per linear foot of strQam restored up to a maximum
amount of $lF9501000. WRC may invoico CLOT on ra monthly basin
for work incurred. InvoicOS should be submitted to the
Manager of the Planning and Enviro=ental Branch in Raleigh,
North Carolina for review and approval prior to
AuquuL ].E,, 1.93E Page 3 of 5
reimbursement.. invoices are subject to the review and
approval of DOT's Fiscal Branch prior to disbursomont and
must be submitted within one (1) year from completion of
the work.
6. WRC shall maintain all boaka, documents, papers,
accounting reeardS, and such other evidenoo as may b~Q
appropriate to substantiate Casts incurred under this
Agreement. Further. WRC shall make such materials available
at its offica at all reasonable times during the contract
period, and for three (3) years from the date of final
payment under thig Agreement, for inspection and audit by th`
DApArtmantta Fiscal Secticn,.
7. WRC chatl ba responsible for Xanting the established
success critOrla of the Mitigation plan. DoT shall be
responsij)le for all costs associated with any required
maintenarica for a period of five (5) years after completion
of the work on a cost plus baeia,
August. :16, 1996 Page 4 of 5
IN WITNESS WHEREOF, this Agreement has been executed, in
duplicata, tha day and year herstafore set out, on the part
of ©a'r and WRC by authority duly given.
WITNESS;
NORTU UMUL,INA. WILDLIFE RESOURCZ3
COMMISSION
BY
"PROVED AS TO rOUX
by :

TITLEz
bEMTMENT OP TRANSPORTATION,
BYt
STATE MI WAY ADMINISTRAT R

August 16, 1999 page 5 of 5
December 19, 1996
Regulatory Branch
Action 11) No. 199505135, Permit, Modification ?
F ?...
Mr. H. Franklin Vick
Planning and Environmental Branch
North Carolina Department of Transportation
Post Office Box 25201 ?.
Raleigh, North Carolina 27611-5201.
Dear Mir. Vick:
Reference the Department of the Army permit issued on August 28, 1996
authorizing the placement of fill material into 11.79 acres of wetlands and
the relocation and/or piping of. 9990 linear feet of stream channel wa,thin the
drainage areas of Big Branch, California Creek, Biggins Branch, Jarvis Branch,
Sprinkle Creek, Buckner Branch, Fear Branch, and Little (Laurel) Creek to
facilitate the construction of Interstate Highway 26 (State Project No.
6.T842401, TIP No. A--0010) from north of NC Highway 213 Lo the Tennessee State
Line at seam's Car), a distance of approx1matcl.y 10-2 miles, near. Mars H.i.ll.,
Madison County, North Carolina. Also reference the written request o€
November 19, 1996 from Mr. S.V. Hyatt, Resident Engineer, for permit
modification to allow construction of the Buckner Branch waste site to
commence during the trout spawning moratorium as identified in Special
Condition No. 13 of the referenced permit.
The permit is hereby modified to allow installation of the waste area
drainage system during the moratorium z is described in Mr. Hyatt's request- AS
proposed, a Type-A sediment basin must be installed and maintained to filter
all drainage from the construction area. The final design of this basin, the
sack pipe and diversion pipe will be provided to this office as soon as the
plan is completed. This modification has been coordinated with the North
Carolina Wildlife Rcsour:cces Co:miisSion. 't is understood that all. otbor
conditions of the original permit remain applicable and that the expiration
date is unchanged.
if you have any questions, please contact Mr. Steven Lund, Asheville
Regulatory Field Office, at telephone [phone].
Sincc.rcly, F'TJ,,1.NAMF,:a1t771.l,2a
CESAW-CO-RA/LUND/gd
CESAW-CO-R/WRIGHT
MAIL
CESAW-CO-R/FILES
Terry R. Youngbl.uth
Lieutenant Colonel, U.S. Army
District Engineer

__2-
Copies furnished:
Mr. S.V. Hyatt
NC Department of Transportation
901-A Old Mars Hill Highway
Weaverville, North Carolina 28787
Ms. Stephanie Goudreau
NC Wa.l.dlife Resources Commission
320 South Garden Street
Marion, North Carolina 28752
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607

jAA
RECEIVED
Jan! 2 P:'Y
414 11 ATDRY PRARW
S1A'1 O: NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JOAFs N. HUNT JR. DIVISION OF HIGHWAYS GARt.AND B. GARRET JR.
61ovir'Nor. P.O. ROX 2TO1, MLYIG11. N.C. 276115201 SECRETARY
January 15, 1997
1?_ S. Army Carps of Engineers
Regulatory Field Office
P O. Boa 1890
Wilmington, North Carolina 28402-1896
ATTN- Mr. Cliff Winefordner
Chief. Southern Section
Dear Sir:
SUBJECT: Madison County, Future 1-26, from north oi'NC 213 to the Tennessee
state line, State Project No. 8,T842401, TIP No. A- 10 CID, COE Action
ID 199505135,
The North Carolina Department of Transportation (DOT) has finalized the stream
channel mitigation agreement with the North Carolina Wildlife Resources Commission
('4'+'RC) to fulfill Special Condition 9 of the existing permit for the construction of 1-26
from NC 213 to the Tennessee state line. Enclosed you will find a copy of the signed
agreement between the DOT and the WRG
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], extension 314.
51I1GC1'Ll ',
f ?
t
H. Franklin Fick, P,E., Manager
Planning and Environmental Branch
I lFVrpct
cc: Mr, Steve Lund, COE, NCDOT Coordinator, Asheville Field Office

January 13, 1998
Regulatory Division
Action ID No. 199505135

Mr.1 . Franklin Fick, P.L., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
Post Office 13ox 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
Reference the subject Department of the Amy Permit issued on August 28, 1996, which
authorized the construction of Interstate Highway 26 from north of NC ffighway 213 to the
Tennessee State Line near Mars Hill, in Madison County, North Carolina (TIP A-10 CfD, State
Proicct No. 83842401) and your written requests of September 5 and December 17, 1997, for
permit modification to accomplish the following:
1) Incorporate the final design for the A-10 D-Section. 'Ilene revised impact figures for
the project with this modification should now total 11,140 linear feet of stream channel and
11.94 acres of wetlands.
2) Authorize expansion of the Buckner Branch waste disposal area including piping of an
additional 1,150 linear feet of Buclamer Branch with impacts to 0.40 acres of surface waters and
0.85 acres of wetlands.
3) Construct six "A" Basins on unnamed tributaries to Little Laurcl Creek for the
purpose of sediment and erasion control.
4) Construct a I00-foot long temporary diversion channel on Little Laurel Creek at
Permit Site III for the purpose of equipment access.
5) Retain existing rock check darns and rip-rap bank stabilization on a 1300-fool long
section of Caddy Branch (tributary to California Creek) for time purpose of sediment and erosion
control.
-2-
This modification request has been coordinated with the North Carolina Wildlife Resources
Commission (NCWRC), the North Carolina Division of Water Quality (NCDWQ) and the US
Fish and Wildlife Service (1)SFWS).
The permit is hereby modified to include the work as shown on the enclosed plans. It is
understood that all conditions of the original permit remain applicable and that the expiration
date is unchaaiged. Tile following additional conditions will apply to this modification;
14) As partial compensation for the loss of channel on Buckner Branch, the permittee will
restore 1688 linear feet of the unnamed tributary to Little Laurel Creek parallel to existing US
Highway 23 below Sam's Cap. Channel restoration will begin at the upstream end of the
Jenkin's Nursery facility and proceed downstream for 1,688 linear feet. This stream restoration
work will be accomplished in accordance with the NCWRC's Mountain Stream Relocation
Guidelines. Stream restoration work will commence concurrently with construction of A-14TH
and will be completed within 1 year. A final channel restoration plan will be coordinated with
the Corps of Engineers, NC:WRC, NCDWQ, and the USFWS prior to initiating construction.
15) As partial compensation for the loss of channel on Buckner Branch, the permittee
will provide additional funding to the NOA RC in the amount of $45,604 (912 linear feet at $50
per foot) to supplement the Reiixibllrserrient Agreement described in Special Condition No. 9 of
the referenced permit.
16) All temporary structures and fill will be removed from waters and wetlands and the
original corntour, dimension, pattern and profile will be restored (including vegetation)
immediately following completion of the authorized work.
If you have any questions, please contact Mr. Steven Lund of inyAsheville Regulatory Field
Office staff, at telephone [phone]. IaILENAME:i26sl.ala
CE5AW-RG-A/LUND/gd
Sincerely, CESAW-UCtLAMSON
CESAW-RC/ SN4ITH
CESAW-RC ANTRTCHT/s
MATT.,
CESAW-RGJMLES
'f'erry R. Youngbluth
Colonel, U.S. Army
District Engineer
Enclosure
-3-
Copy Furnished with enclosure:
Mr. Jolui Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
440) Reedy Creek Road
Raleigh, Nozlh Carolina 27607
Chief, Source Data Unit
NOAAINational Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-west Hwy., Rm 7316
Silver Spring, MD 20910-3282
U.S. Vish and Wildlife Service
Fish and Wildlife Enhancement
Post O1fZee Box 33726
Raleigh, North Carolina 27636-3726
Mr, Larry Hardy
National Marine Fisheries Smice
Pivers Island
Beaufort, North Carolina 28516
BCF:
CESAW-RG-A/LUND
C:'FSAW-RC-A/JOHNSON
CESA W-R G/R.A.M EL
Mr. William L. Cox, Chief
U.S. Environmental Protection Agency
Water Management Division
Wetlands Protection Section
61 Forystli Street
Atlanta, Georgia 30303
Mr. John. Parker
Division of Coastal Management
North Caroline Department of
Environment and Natural Resow-ces
Post Office Box 27687
Raleigh, North Carolina 27611-7687