20060079 Ver 1_Complete File_20071018

NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
October 18, 2007
Gregory J. Thorpe, Ph.D.
Project Development and Environmental Analysis
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
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William G. Ross Jr., Secretary
RE: Letter of Refinement, CAMA Major Development Permit No. 80-06, Replacement of
Bridge No. 6 over Lake Landing Canal on SR 1110 in Hyde County. TIP No. B-3858.
Dear Dr. Thorpe:
This letter is in response to the N.C. Department of Transportation's (NCDOT's) letter dated
9/28/07 requesting a refinement of CAMA Major Permit No. 80-06.
Condition Number 21 of the active CAMA permit requires that: "As proposed by the permittee,
compensatory mitigation for impacts to open water areas incurred by this project shall include 80
feet of stream in accordance with the letter dated 11/30/05 from the Ecosystem Enhancement
Program (EEP), and on-site restoration as described in the document dated 12/19/05 and titled
"Restoration Plan for the UT to Lake Landing Canal at Bridge No. 6 on SR 1110 Federal Aid
Project No. BRZ-1110(3), WBS No. 33305.1.1. TIP B-3858, Hyde County".
The NCDOT permit application dated 1/6/06 states that: "In the event on site mitigation is not
approved, the Ecosystem Enhancement Program has accepted 80 feet of permanent jurisdictional
stream impact for this project and is attached to this application." Since the on site mitigation
plan was approved by DCM when CAMA Permit No. 80-06 was issued, and the on site
mitigation has already been completed, NCDOT has requested that Condition Number 21 be
clarified to allow either on-site mitigation or off-site mitigation.
Please be advised that through this Letter of Refinement, DCM conveys its determination that
the above referenced request is consistent with existing State rules and regulations and is in
keeping with the original purpose and intent of CAMA Permit No. 80-06 with the following
conditions:
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Condition Number 21 is hereby modified as follows: "21) Compensatory mitigation
for impacts to open water areas incurred by this project shall consist of on-site
restoration as described in the document dated 12/19/05 and titled "Restoration Plan
for the UT to Lake Landing Canal at Bridge No. 6 on SR 1110 Federal Aid Project
No. BRZ-1110(3), WBS No. 33305.1.1. TIP B-3858, Hyde County".
2. The following note is added to CAMA Permit No. 80-06 after Condition Number
21: "NOTE: Within the permit application dated 1/6/06, the permittee stated that:
`In the event on site mitigation is not approved, the Ecosystem Enhancement
Program has accepted 80 feet of permanent jurisdictional stream impact for this
project and is attached to this application.' The on site mitigation plan is approved
through the issuance of this CAMA permit. Therefore, compensatory stream
mitigation by EEP is not required by DCM."
3. This Letter of Refinement does not eliminate the need to obtain any additional state,
federal or local permits, approvals or authorizations that may be required.
4. This Letter of Refinement shall be attached to the original of CAMA Permit No. 80-
06, which was issued on 5/2/06, along with the amendment issued on 5/5/06, and all
documents shall be readily available on site when a DCM representative inspects the
project for compliance.
5. All conditions and stipulations of the active permit remain in force under this Letter
of Refinement unless altered herein.
Please contact Jim Hoadley or Cathy Brittingham if you have any questions or concerns. Jim
can be reached at [phone] or via e-mail [e-mail]. Cathy can be
reached at [phone] x238 or via e-mail at [e-mail].
Sincerely,
-'
Doug Haggett

Major Permits and Consistency Coordinator
Cc: Michael Turchy, NCDOT
Bill Biddlecome, USACE
David Wainwright, NCDWQ
Garcy Ward, DWQ
Beth Harmon, EEP
Jim Hoadley, DCM
Cathy Brittingham, DCM