20071134 Ver 1_More Info Letter_20070907

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
s+t®eT"'~ REGION 4
A ~ Atlanta Federal Center
~~~ ~ 61 Forsyth Street S.W.
Atlanta Geor is 3
,L g 0303-8960
September 7, 2007
Mr. David Baker, Project Manager
Asheville Regulatory Field Office
Wilmington District, Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: North Carolina Department of Transportation; U.S. Highway 19/19E in
Madison and Yancey Counties (TIP Numbers R-2518A, R-2518B, and R- 2519A).
Action I.D. #SAW-2007-2197-357/300
Dear Mr. Baker:
This is in response to the Public Notice for North Carolina Department of
Transportation (NCDOT), dated August 13, 2007, to widen U.S 19/19E from future I-26
to the SR1186 intersection (TIP Numbers R-2518A, R-2518B and R-2519A). As
proposed, the project would 6110.94 acres of jurisdictional wetlands and 14,766 linear
feet of streams. We note that only the impacts for R-2518A have been calculated, while
the rest of the impacts (a little more than half) are preliminary estimates. The impacts are
located in the Nolichucky and Upper French Broad River Basins (Hydrologic Units
06010105 and 06010108). Compensatory mitigation plans for R-2518A and R-2518B
are discussed in the public notice and included in the permit application.
The U.S. Environmental Protection Agency (EPA), Region 4, Wetlands
Regulatory Section did not receive a copy of the August 2006 or February 2007
compensatory mitigation plans for R-2518A and R-2518B until the time of permit
application. EPA staff participated in a field meeting on July 12 and 13, 2006, to inspect
potential mitigation sites for this project. During the meeting, EPA agreed to consider
lower mitigation ratios (i.e., lower than the typical 5:1) for the preservation components.
In addition, EPA staff from the Region 4 National Environmental Policy Act (NEPA)
Program Office (NPO) had previously agreed to lower mitigation ratios for these sites,
based upon the linkages with restoration and enhancement sites, and the classification of
the streams as High Quality Waters (HQW). However, at the time of these discussions,
the condition of the preservation areas was not known by EPA.
From the August 2006 mitigation plan for R-2518A, it appears that the majority
of the preservation sites have "narrow" buffers, with successional or herbaceous species.
The term "narrow" is not defined, but it apparently means less than 30 feet. The agencies _ _
_-. _ __
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fnot speci>'icalTy inspect the sites proposed for preservation during our July 12 and 13,
2006, field meetings, because there were multiple mitigation sites and the restoration and

enhancement sites were priorities. Further, information on the buffer widths and
conditions, and proposed mitigation ratios was not provided to our office until the time of
permit application.
Although EPA agreed to consider lower ratios for the preservation sites, we do
not believe that 3:1 is an appropriate ratio for preservation of streams with little to no
buffer, particularly when the buffer consists mainly of successional or herbaceous
communities. EPA is concerned about setting a precedent for lower mitigation ratios,
particularly for sites which are not of high quality. Only because we previously agreed to
consider a lower ratio, EPA will agree to a 4.5:1 for preservation for this project. EPA,
however, does not wish to set a precedent for lower ratios in future cases. Applying this
ratio to the preservation sites would result in 3,408 linear feet of preservation credit for
the project, as opposed to the proposed amount of 5,112 linear feet of preservation credit.
The revised total number of credits for the R-2518A mitigation sites would be 8,068
linear feet, instead of the proposed 9,7721ineaz feet. The total number of credits for the
three road segments (R-2518A, R-2518B, and R-2519A) would be 12,092 linear feet,
instead of the proposed 13,7961ineaz feet.
This revision in credits will not require any additional off-site mitigation for the
R-2518A portion of the project. However, EPA acknowledges that there will be fewer
credits left over to apply as compensatory mitigation for R-2518B and R-2519A.
Thank you for the opportunity to comment on this project. If you have any
questions or comments, please contact Kathy Matthews, of my staff, at [phone].
cc: Marella Buncick, USFWS
Brian Wrenn, NCDWQ
Marla Chambers, NCWRC
Sarah McBride, SHPO
Greg Thorpe, PDEA