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Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID: SAW- 2012-00882
August 31, 2016
Mr. Philip S. Harris III, P.E., C.P.M.
North Carolina Department of Transportation
Division of Highways
Natural Environment Section Head
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
I refer to your Department of the Army (DA) Individual Permit dated January 7, 2015, in
which we authorized the placement of fill material into 3.04 acre of wetlands and 7,886 linear
feet (1� of stream, and temporary placement of fill material into 0.31 acres of Waters of the US,
associated with the widening of US Highway 221 from US 421 to US 221 Business/NC 88 in
Jefferson, in Watauga and Ashe Counties, North Carolina (TIP Numbers R-2519 A-E). This was
a phased permit and only authorized work on Sections A, B and D. Sections C and E were not
authorized to commence until final design was completed, impacts to waters and wetlands were
minimized to the extent practicable, and all modified plans including, but not limited to, a
compensatory mitigation plan were submitted and approved by the. US Army Corps of Engineers
(the Corps).
I also refer to the letter dated July 28, 2016, in which you requested a modification for final
impacts to Section 2519-C of the project. This modification request included details for each
proposed impact site, the updated mitigation acceptance letter, stormwater management plan,
permit drawings, and design plans for Section C. The updated projected impacts for the overall
(Sections A-E) proj ect are 3.11 acres of permanent wetland impacts, 8,1961inear feet of permanent
stream impacts (7,023 linear feet of fill and 1,173 linear feet of bank stabilization), and 0.34 acre
of temporary stream impacts. The revised permit impact totals for Section C of this project include
2,573 linear feet of permanent stream impacts (2,339 linear feet of pertnanent fill and 2341inear
feet of bank stabilization) and 0.27 acre of permanent wetland impacts. This final design of Section
C reflects changes to many areas with an overall addition of 3101inear feet of permanent stream
impacts (73 linear feet of channel fill and 234 linear feet of bank stabilization) and 0.7 acre of
permanent wetland impacts.
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After review of the information you submitted and the inclusion of the following special
conditions, we have determined that your existing DA authorization is modified to include the
work detailed in your submittal dated July 28, 2016.
1. All work authorized by this permii must be performed in strict compliance with the
originally approved application and plans for R-2915, which were received on July 22,
2014 and the updated modification request and plans dated July 28, 2016.
, 2. This permit only authorizes work on Sections A, B, C and D of TIP R-2915. Construction
on Section E sha11 not commence until final design has been completed for this section,
the permittee has minimized impacts to waters and wetlands to the maximum extent
practicable, modifications to the plans and a compensatory mitigation plan have been
approved by the Corps. Preliminary plans for R-2915E were provided with the July 22,
2014 application, however, these plans are not to be used for construction purposes.
3. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of
this form, including any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization. Mitigation for R-2915 Sections A/B/D
were already required by permit issued January 7, 2015. A Mitigation ResponsibiliTy
Transfer Form is attached required to offset final design impacts to Section C of R-2915.
In addition to special conditions stated above, all conditions of the original permit and its
expiration date of December 31, 2019 remain applicable.
If you have questions, please contact Steve Kichefski at (828) 271-7980 extension 234.
Sincerely,
�Kevin P. Landers Sr.
S Colonel, U.S. Army
District Commander
Enclosure
3
Copies Furnished w/o enclosure:
Mr. Roger Rochelle, P.E
NCDOT - Technical Services
1516 Mail Service Center
Raleigh, North Carolina 27699-1516
Ms. Amy Chapman
NCDEQ, DWR - Transportation Permitting Units
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr. Dave Wanucha
NCDEQ, DWR — Transportation Permitting Unit
NCDEQ Winston Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston Salem, North Carolina 27105
Ms. Marella Buncick
U.S. Fish & Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Ms. Marla Chambers
NCDOT Coordinator
Habitat Conservation Program
NC Wildlife Resources Commission
C/o NCDOT
206 Charter Street
Albemarle, North Carolina 28001
Ms. Cynthia Van Der Wiele
U.S. EPA - Region 4 NEPA Program Office
C/o USEPA-RTP
109 T.W. Alexander Dr. - Mail Code: E143-08
Research Triangle Park, NC 27709