20071134 Ver 1_EEP Acceptance Letters_20071022

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` ` '' PUBLIC NOTICE ~`~ ~~ti
US Army Corps
Of Engineers
Wilmington District
Issue Date: August 13, 2007
Comment Deadline: September 12, 2007
Corps Action ID #: SAW-2007-2197-357/300
The Wilmington District, Corps of Engineers (Corps) has received an application from the North
Carolina Department of Transportation (NCDOT), Project Development and Environmental
Analysis Branch, seeking Department of the Army authorization to impact waters of the United
States within the Little Ivy Creek, Cane River, and South Toe River drainages associated with
the widening of US Highway 19/19E in Madison and Yancey Counties, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mil/wetlands.
Applicant: Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
NC Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33U.S.C. 1344).
Location
The proposed project involves the widening of approximately 21 miles of US 19/US 19E from
future I-26 (existing 19-23) in Madison County to the SR 1186 intersection with US 19 near
Micaville in Yancey County, NC. The improvements are state funded and identified as Project
Numbers R-2518A, R-2518B, and R-2519A in the NCDOT 2002-2008 Transportation
Improvement Program (TIP). The project begins at 35.8394 degrees north latitude and 82.5199
degrees west longitude and ends at 35.9105 degrees north latitude and 82.2232 degrees west
longitude. The project drains into the Upper French Broad and Nolichucky River Basins,
Hydrologic Unit's 06010105 and 06010108.

Existing Site Conditions
The proposed project is located in Madison and Yancey Counties in western North Carolina. US
19 currently consists of a two and three-lane roadway. The topography along the project area
consists of steep hillsides, narrow valleys, and rolling hills. The route traverses Ivy Gap at the
Madison/Yancey County line. The Town of Burnsville and several rural crossroads communities
are located along the project.
Existing land uses along the project alignment include undeveloped woodlands, farms, single
family housing, retail businesses, churches, industrial facilities, shopping plazas, and the town
square.
Wetland types impacted by the project include palustrine forested, deciduous systems and mixed
scrub shrub/emergent marsh that are seasonally flooded. These wetlands are generally found
within floodplains and on the riparian margins of streams. Dominant vegetation includes soft
stem rush, black willow, tag alder, knotweed, jewelweed, sensitive fern, sedges, and elderberry.
Stream banks that have received little impact are vegetated with woody shrubs such as tag alder,
viburnums, ironwood, black willow, and honey locust. Stream banks that are in an early
successional stage are vegetated with Japanese knotweed, Joe-pye weed, wingstem, and
bluegrass. Potentially impacted streams are perennial and range in size from only a few feet
wide to as large as the Cane River. The project is located in two different hydrologic units (HU)
of the French Broad River Basin. HU 06010105 is the Little Ivy Creek Watershed which
extends from I-26 east to the Madison/Yancey County Line. HU 06010108 is the Cane River
and South Toe River Watershed area which extends from the county line to Micaville.
Applicant's Stated Purpose
The purpose of the project is to increase traffic capacity on US 19/LJS 19E and improve system
linkage and safety.
Project Description
TIP Numbers R-2518A&B extend along US 19/19E from future I-26 (existing US 19/23) to SR
1336 (Jack's Creek Road). TIP No. R-2519A extends along US 19E from SR 1336 to SR 1186
west of Micaville. The permit application is a phased application. Final impact calculations
based upon final design plans are completed for R-2518A only. Since only preliminary impacts
to waters and wetlands are known at this time on the remaining road segments, NCDOT may
request future permit modifications for R-2518B and R-2519A once the roadway designs
become finalized.
The social, economic, and environmental impacts associated with two Build Alternatives and a
No-Build Alternative for this project have been described in a NCDOT State Environmental
Assessment (EA) dated May 31, 2001. The Corps of Engineers issued an initial public notice
describing potential impacts to surface waters and wetlands associated with construction
alternatives that were being considered on November 26, 2001 (Action ID No. 199830705).
2

The project will upgrade the existing two and three-lane principal arterial to a multi-lane facility
with partial access control. Three typical sections are being proposed for the project. These
include afour-lane divided curb and gutter section to be used within Burnsville and two shoulder
sections separated by a grassed median.
Proposed impacts to jurisdictional waters associated with TIP R-2518A include discharges of fill
material into segments of Middle Fork Creek, Bailey Branch, Turkey Branch, Polly Branch,
Holland Creek, Ivy Gap Branch, Bald Creek, unnamed tributaries, and adjacent wetlands at 31
sites. These impacts are associated with culvert extensions, relocations, and replacements,
roadway fills, and channel relocations.
Stream and wetland impacts for all three TIP projects are summarized in the table below.
Summary of Impacts

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-2518B** 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
* = fmal impact calculations
** =preliminary impact calculations
Wetland impacts include fill, excavation, and mechanized clearing
NCDOT is proposing to mitigate for all unavoidable stream and wetland losses through a
combination of on-site restoration, enhancement, and preservation, as well as payment into the
North Carolina Ecosystem Enhancement Program (EEP). Stream mitigation plans have been
developed for R-2518A and R-2518B and are included in the permit application submittal.
Stream relocations associated with TIP R-2519A are depicted on the permit drawings. On-site
mitigation proposals are summarized in the table below.
Onsite Mitigation Summary for R-2518A, R-2518B & R-2519
Stream l Wetland
Section On-Site On-Site On-Site Total
Credits On-Site
Restoration Enhancement Preservation Pro osed
R-2518A 4,340 640 15,335 9,772 0.0
R-2518B 279 5,131 0 2,844 0.0
R-2519A 1,180 0 0 1,180 0.0
Totals 5,799 5,771 15,335 13,796 0.0
3

Project limits and the projected let dates for each section of the US 19/LTS 19E project are listed
below.
Project Schedule
Section Project Limits Let Date
R-2518A I-26 to SR 1421 Wind Ga Road December 2007
R-2518B SR 1421 Wind Ga Road to SR 1336 Jack's Creek Road June 2008
R-2519A SR 1336 (Jack's Creek Road) to SR 1186 (Old US 19) Februa 2009
Project plans and the State EA are available for review at the NCDOT, Division Engineer's
Office, 55 Orange Street, Asheville, North Carolina, the NCDOT, Resident Engineer's Office,
901-8 Old Mars Hill Highway, Weaverville, North Carolina, and at the Corps of Engineers,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application fora 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, Transportation Permitting Unit, 2321 Crabtree
Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments
regarding the application for certification under Section 401 of the Clean Water Act should do so
in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 2321 Crabtree
Boulevard, Raleigh, North Carolina 27604-2260 Attention: Mr. John Hennessy by September 12,
2007.
In addition, this project may be located in a watershed subject to Tennessee Valley Authority
(TVA) permit requirements pursuant to Section 26a of the TVA Act. This Public Notice and all
application materials are being forwarded to Ms. Susan B. Fuhr, Manager, Holston-Cherokee-
Douglas Watershed Team, 3726 East Morris Blvd., Morristown, Tennessee 37813. Questions or
comments regarding Section 26a permit requirements should be directed to Ms. Fuhr at the
above address.
Cultural Resources
Archaeological surveys have been conducted and identified six potential sites within the project
area. Further investigations revealed that none of the sites retained sufficient integrity to yield
information important to prehistory or history. The State Historic Preservation Office (SHPO)
4

has concurred that none of the sites are eligible for inclusion in the National Register of Historic
Places.
Architectural surveys of the project area identified two historic properties that are eligible for
listing on the National Register of Historic Places-the Porter and Ollie Briggs Ray House and the
Wilkes Hensley House. The SHPO has subsequently concurred that the project will have no
effect on the Briggs Ray House, and that there will be no adverse effect on the Wilkes Hensley
House provided that NCDOT adheres to their commitments regarding a bridge and guardrail
near the property.
As the lead Federal agency in this action, the Corps of Engineers will have responsibility for
Section 106 consultation under the National Historic Preservation Act.
Endangered Species
Based on available information, the Corps has determined pursuant to the Endangered Species
Act of 1973 (ESA), that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. Our determination of "may affect,
not likely to adversely affect" applies to the oyster mussel (Epioblasma capsaeformis-
endangered) and Virginia spiraea (Spiraea virginiana-threatened). Several surveys have been
completed for both species, within the project corridor and receiving waters, with no individuals
or populations located. Our determination of "may affect, likely to adversely affect" applies to
the Appalachian elktoe (Alasmidonta raveneliana-endangered) based upon the known existence
of the mussel in close proximity to the bridge construction sites over the Cane River and the
South Toe River. Formal consultation under Section 7 of the ESA will be initiated with the U.S.
Fish and Wildlife Service and no permit will be issued until the consultation process is complete.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.

Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until Spm, September 12, 2007. Comments should be
submitted to Mr. David Baker, US Army Corps of Engineers, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006.
6

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os~stem
PROGRAM
October 22, 2007
Mr. David Baker
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Baker:
Subject: EEP Mitigation Acceptance Letter:
a~I(3~
~~~~~~
~~
R-2518 A and B and R-2519A, Improvements to US 19, Madison
and Yancey Counties
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) is willing to provide compensatory wetland and stream mitigation
required for the subject project. The impacts associated with this project are located in
Cataloging Units 06010105 and 06010108 both of the French Broad River Basin, and in
the Northern Mountains eco-region. As indicated in the NCDOT's mitigation request
dated June 25, 2007, and in a supplemental request dated October 10, 2007, the NCDOT
needs mitigation for 1,867 feet of cold stream impacts, 0.63 acre riparian wetland
impacts, and 0.31 acre nonriparian wetland impacts. The impacts associated with these
projects are in two cataloging units and are as follows:
French Broad 06010105 Riparian Wetlands: 0.26 acre
Nonriparian Wetlands: 0.16 acre
French Broad 06010108 Cold Stream: 1,867 feet
Riparian Wetlands: 0.37 acre
Nonriparian Wetlands: 0.15 acre
This mitigation acceptance letter replaces the mitigation acceptance letter
issued to the USACE on August 17, 2007. Compensatory stream and wetland
mitigation associated with this project will be provided in accordance with Section X of
the Amendment No. 2 to the Memorandum of Agreement between the N. C. Department
of Environment and Natural Resources, the N. C. Department of Transportation, and the
U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-Party MOA). EEP
commits to implement sufficient compensatory riparian and non-riparian wetland
~~~
North Carolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0416 / www.nceep.net

mitigation in French Broad 06010105 up to 0.52 and 0.32 wetland credits, respectively,
and sufficient compensatory riparian and nonriparian wetland mitigation in French Broad
06010108 up to 0.74 and 0.30 wetland credits, respectively, as well as stream mitigation
up to 3,734 credits of cold stream mitigation to offset the impacts associated with this
project by the end of the MOA year in which this project is permitted. If the above
referenced impact amounts are revised, then this mitigation acceptance letter will no
longer be valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
~ ~ ~~~~
Will D. Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2518A/B and R-2519 Revised

-~ ~ os stem
. ~ ~ , 1~-
PROGRAM
October 22, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
R-2518 A and B and R-2519A, Improvements to US 19, Madison
and Yancey Counties
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory wetland and stream mitigation for the
subject project. Based on the information supplied by you on June 25, 2007, and in a
supplemental request dated October 10, 2007, the impacts are located in the French
Broad River Basin in the Northern Mountains (NM) Eco-Region, and are as follows:
French Broad 06010105 Riparian Wetlands: 0.26 acre
Non-Riparian Wetlands: 0.16 acre
French Broad 06010108 Riparian Wetlands: 0.37 acre
Non-Riparian Wetlands: 0.15 acre
Cold Stream: 1,867 feet
This mitigation acceptance letter replaces the mitigation acceptance letter
issued on June 26, 2007. EEP commits to implementing sufficient compensatory
wetland and stream mitigation to offset the impacts associated with this project by the
end of the MOA Year in which this project is permitted, in accordance with Section X of
the Amendment No. 2 to the Memorandum of Agreement between the North Carolina
Department of Environment and Natural Resources, the North Carolina Department of
Transportation, and the U. S. Army Corps of Engineers, fully executed on March 8, 2007.
If the above referenced impact amounts are revised, then this mitigation acceptance letter
will no longer be valid and a new mitigation acceptance letter will be required from EEP.
North farolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-715-0416 / www.nceep.net

If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
Willi .Gilmore, P.E.
EEP Director
cc: Mr. David Baker, USACE -Asheville
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2518A/B/R-2519A Revised