20071134 Ver 1_More Info Letter_20071005

d~~~a
aS~ ypaun
V
~~~~~~
STATE OF NORTH CAROLINA
DEPARTIVIENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 1, 2007
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN.:Mr. David Baker
NCDOT Coordinator
~ ~~
~~~/,_~
OAT ~ 5 I,~O~
TI,~NQS ~~~W nRA r1UQ``OQ,
~9,~R~f'~1nhr
LYNDO TIPPETT
SECRETARY

Subject: Revised Information for Application for Individual Section 404 and
401 permits for US 19/US 19E Improvements From Future I-26 (existing US
19-23) to SR 1186 Madison
Project Numbers 6.869005T
R-2518B, and R-2519A
WBS Element 34634.1.2
Dear Mr. Baker:
and Yancey Counties NCDOT Division 13 State
and 6.909001T T.I.P. Project Numbers R-2518A,
The North Carolina Department of Transportation (NCDOT) submitted an application for
Individual Section 404 and 401 permits for R-2518A, R-2518B, and R-2519A to the respective
agencies on June 27, 2007. Subsequent to submittal, NCDOT discovered that two natural stream
design sites (Sites 7 & 20 on the permit drawings) from R-2518B were inadvertently left off of
the Onsite Mitigation Summary (Table 3) on page 3 of the Permit Application though these sites
are listed in the impact summary sheets included with the permit drawings. Also, it was
determined that a natural stream design site (Site 20 from the permit drawings) overlaps with
another mitigation site (Site 8 from permit drawings) on R-2518B. The overlap covers 115 linear
feet and was deducted from the enhancement column on the Onsite Mitigation Summary (Table
3). The revised pages 3 and 4 from the Permit Application are attached.
During the Public commenting period for the Section 404 permit, the USEPA recommended
against NCDOTs' request to use 3:1 ratios for preservation mitigation sites. USEPA stated in
their comments for this project dated September 7, 2007 that "the majority of the preservation
sites have narrow buffers with successional or herbaceous species." NCDOT responded in an
email dated September 14, 2007: "Upon review of the average widths per side of each site on R-
2518, there are only 2 of the 11 sites with less than 30 ft buffer widths. One has 29 ft buffer
widths and the other is one of the shortest sites, covering only 525 ft. Many of the preservation
sites have buffer widths well over 30 ft. Also, our two largest sites, O and Q, have buffer widths
of 60 and 78 ft. respectively. While the mitigation plan does state that some of the preservation
sites have early successional vegetation, our largest site, K ,which makes up almost one-third of
the total linear ft. of preservation with 4266 ft, has a mature buffer for almost its entire length.
MAILING ADDRESS: TELEPHONE: [phone] or LOCATION:
NC DEPARTMENT CIF TRANSPORTATION 919-715-1335 PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BLVD. SUITE 240
NATURAL ENVIRONMENT UNIT FAX: [phone] RALEIGH NC 27604
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598 WEBSITE: WWWNCDOT.ORG

Also, these sites may have early successional species but by purchasing and protecting these
areas, eventually they will have mature riparian vegetation." Because of the extent of on-site
preservation for this project and efforts to enhance the water quality adjacent to the roadway,
NCDOT respectfully requests that the USACE maintain the mitigation strategy as presented in
the permit application. NCDOT understands that this mitigation proposed is exceptional and the
ratios will not be considered precedent setting.
Thank you for your assistance with this project. If you have any questions or need additional
information, please contact Mr. Jeffrey Hemphill [phone].
Sincerely
Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
W/attachment
Mr. John Hennessy, NCDWQ (5 Copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Ms. Kathy Matthews, USEPA -Whittier, NC
Mr. Ronald Mikulak, USEPA -Atlanta, GA
Mr. Clarence W. Coleman, P.E., FHWA
Mr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Barry Moose, P.E., Division Engineer
Mr. Larry Thompson, DEO
W/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P.E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Mr. Carl Goode, PE
Mr. Wayne A. Jacas, PDEA
Ms. Leilani Paugh, PDEA
Mr. Randy Griffin, PE., PDEA

Table 2- Summa of Im acts

Section Permanent
Wetland
ac Temporary
Wetland
ac Permanent
Surface
Water 1 Temporary
Surface
Water ac
R-2518A* 0.42 0.0 6,591 0.13
R-25188** 0.23 0.0 2,866 0.14
R-2519A** 0.29 0.0 5,309 0.17
.Totals 0.94 0.0 14,766 0.44
* =final impact calculations
** =preliminary impact calculations
Wetland impacts include fill, excavation, and mechanized clearing
Summary of Utility Impacts:
There are no impacts to jurisdictional resources due to utility relocations on R-2518A.
As design progresses for subsequent sections, utility information will be finalized and
presented in the permit modification applications.
Summary of Miti ag tion:
This project has been designed to avoid and minimize impacts to jurisdictional areas
throughout the National Environmental Policy Act (NEPA) and design processes. Stream
Mitigation Plans have been developed for R-2518A and R-25188 and are included in this
submittal. R-2519A has stream relocations only due to project design, therefore, these
are depicted on the permit drawings with no separate mitigation plan.
Table 3. Onsite Mitigation Summary for R-2518A, R-25188 & R-2519
Stream 1 Wetland
Section On-Site
Restoration On-Site
Enhancement On-Site
Preservation Total Credits
Pro osed On-Site
R-2518A 4,340 640 15,335 9,772 0.0
R-25188 X79 1,037 ~-1-3-1- 5,016 0 244 3,545 0.0
R-2519A 1,180 0 0 1,180 0.0
Totals ~~ 6,557 ~} 5,656 15,335 ,~ 14,497 0.0
Compensatory mitigation for the remaining impacts includes the following:
NCDOT proposes 15,335 linear feet of preservation, ~,~ 5,656 linear feet of
enhancement and X9-9 6,557 linear feet of restoration/relocation, for a total of
26,906 linear feet of on-site mitigation.
At the proposed credit ratios (see page 17 of this letter), ~6 13,219 credits of
mitigation will be provided on-site for all 3 sections (R-2518A, R-25188 & R-
2519A).
194 linear feet of impacts to an intermittent stream on R-2518A and 131 linear
feet on R-25188 will not require mitigation, therefore a total of 14,441 linear feet
of surface water impacts will require mitigation.
Page 3 of 19 Revised Sept. 17, 2007

• NCDOT has a surplus of 56 linear feet of onsite mitigation for this project;
however, if a deficit situation should arise, NCDOT will solicit mitigation from
the North Carolina Department of Environment and Natural Resources Ecosystem
Enhancement Program (EEP).
• 0.31 acre of impacts to non-riverine wetlands and 0.63 acre of impact to riverine
wetlands will be mitigated through the use of EEP.
NEPA DOCUMENT STATUS
An EA was completed by the NCDOT in compliance with the NEPA. The document
addresses the R-2518A, R-2518B, and R-2519A portions of the project, from I-26 in
Madison County to just north of SR 1186 (Old US 19) in Yancey County. The EA
explains the purpose and need for the project, provides a description of the alternatives
considered and characterizes the social, economic, and environmental effects. After the
approval of the EA (May 31, 2001) and Finding of No Significant Impact (FONSI)
(December 17, 2004), copies were provided to regulatory review agencies involved in the
approval process. Additional copies will be provided upon request.
INDEPENDENT UTILITY
R-2518A, R-2518B and R-2519A are in compliance with 23 CFR Section 771.111(f)
which lists the Federal Highway Administration (FHWA) characteristics of independent
utility of a project:
(1) The project connects logical termini and is of sufficient length to address
environmental matters on a broad scope;
(2) The project is usable and a reasonable expenditure, even if no additional
transportation improvements are made in the area; and
(3) The project does not restrict consideration of alternatives for other reasonable
foreseeable transportation improvements.
RESOURCE STATUS
Waters within the project area are located in the Nolichucky River system of the French
Broad River basin. Surface waters from the Madison and Yancey County line west to I-
26 drain to Little Ivy Creek (DWQ subbasin 04-03-04 and HUC 06010105). Surface
waters from west of Burnsville to the Madison-Yancey County line drain to the Cane
River (DWQ subbasin 04-03-07 and HUC 06010108) while project area surface waters
east of Burnsville drain to the South Toe River (DWQ subbasin 04-03-06).
Page 4 of 19 Revised Sept. 17, 2007