20000844 Ver 1_Memorandum of Understanding_20090309

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' NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 9, 2009
MEMORANDUM
To: Mr. Jason Elliot, NCDOT, Natural Environment Unit
From: David Wainwright, Division of Water Quality~l!'
Dee Freeman
Secretary
Subject: Comments on Divisions 1, 2, and 3Wetland and On-Site Mitigation Monitoring Reports for 2008.
This office has reviewed the Wetland and On-Site Mitigation Monitoring Reports for 2008 for NCDOT
Divisions 1, 2, and 3. The DWQ offers the following comments based on review of the aforementioned
documents:
Division 1
B-1303 Roanoke River Overflow Mitigation Site -This site appears to be doing well, and is exceeding the
minimum success criteria. The DWQ recommends the NCDOT continue to monitor this site.
B-3348 Kitty Creek and Wallace Canal -This site was treated for phragmites prior to the site being
completed. Due to the nature of phragmites, it is suggested that the NCDOT keep a very close eye on
this site to ensure that it doesn't re-emerge and cause future problems. [t is possible that an infestation
of phragmites could cause the site to not meet jurisdictional status. The site appears to be doing well;
the DWQ recommends the NCDOT continue to monitor this site.
B-3858 Lake Landing Canal -The constructed stream channel appears to be stabilised. The DWQ does not
object to discontinuing the monitoring at this site.
R-2548AE US 64 Bypass Temporary Impact Sites -The natural vegetation appear to be re-establishing
itself. The DWQ recommends the NCDOT continue monitoring the site.
R-2548C Scuppernong Mitigation Site - As suggested, the DWQ recommends the NCDOT replant the
previously mowed areas, and take efforts to ensure that it doesn't get mowed in the future.
Additionally, the DWQ recommends the NCDOT continue monitoring [he site.
R-2548E US 64 Bypass Mitigation Site -This site appears to be doing well, and is exceeding the minimum
success criteria. The DWQ recommends the NCDOT continue to monitor [his site.
K-4003 Roanoke Island Mitigation Site-This site has presented many issues since being established in
2002. The NCDOT conducted a field meeting with the appropriate resource agencies,'and is following
the recommendations from this meeting. Also, phragmites has been a documented problem at this site,
and has recently been treated. [t is suggested that the NCDOT continue to monitor for any phragmites
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[hat may reinvade the site, as it mayjeopardize the success of [he site. The DWQ recommends that the 1' t
NCDOT continue to monitor this site.
Division 2 ,
R-2510B Osprey Seafood Mitieation Site -This site appears to be doing well, and is exceeding the
minimum success criteria. The DWQ recommends the NCDOT continue to monitor this site.
R-2539B West Fork Goose Creek Tributary -The NCDOT appears to have fulfilled necessary monitoring
requirements for this site. The DWQ does not object to discontinuing monitoring at this site.
B-2225 WM Greene Street Bridge Mitigation Site -This site appears to be doing well, and is exceeding the
minimum success criteria. The DWQ recommends the NCDOT continue to monitor this site.
R-2510WM Campbell Creek Phase I Mitieation Site -This site appears to be doing well. The DWQ
recommends the NCDOT continue to monitor this site.
R-2510WM Campbell Creek Phase [I Mitieation Site -This site appears to be doing well. As suggested, it
is recommended that the phragmites invasion be monitored so as to notjeopardize the overall success
of the site. The DWQ recommends the NCDOT continue to monitor this site.
R-2539AB -Three Swamp Mitieation Site -This site appears to be doing well, and is exceeding the
minimum success criteria. The DWQ recommends the NCDOT continue to monitor this site.
R-27I9WM Unnamed Tributary to Briery Run Mitieation Site (Crescent Road Sitel -This site appears to
have met the minimum monitoring requirements. The NCDOT is in the process of closing out this
mitigation site and proper coordination with the resource agencies should continue as necessary.
Division 3
B-2938 Stella Brid ee Temporary Impact Site-The natural vegetation appears to be re-establishing itself.
The DWQ recommends the NCDOT continue monitoring the site.
B-3217 Bear Creek Bridge Mitigation Site -This site is being monitored for temporary impacts associated
with the project. The NCDOT has completed three the required three years of monitoring required by
the permitting agencies. The site appears to ha"ve re-vegetated as expected. The NCDOT is in the
process of closing out this mitigation site and proper coordination with the resource agencies should
continue as necessary.
B-3358 Parrot Swamp Brid eg Temporary Impact Site -This site is being monitored for temporary impacts
associated with the project. The NCDOT has completed three the required three years of monitoring
required by the permitting agencies. The site appears to have re-vegetated as expected. The NCDOT is
in the process of closing out [his mitigation site and proper coordination with the resource agencies
should continue as necessary.
B-3496 Bradley Creek Bridge Mitigation Site -The NCDOT has completed the required three years of
monitoring at this site, and proposed to discontinue monitoring. The NCDOT is in the process of
closing out this mitigation site and proper coordination with the tesource agencies should continue as
necessary.
B-3682 Northeast Creek Bridge Mitieation Site - In addition to signage, it is recommended that he NCDOT
take any further steps necessary to prevent restoration areas from being mowed in the future. It is
recommended that the NCDOT continue to monitor this site.
B-4271 Bie Swami Mitieation Site -The NCDOT is encouraged to closely monitor areas afrer revegetation
to ensure that there are no underlying issues that may prevent the site from obtaining jurisdictional
status. It is recommended that the NCDOT continue to monitor this site.

R-2633CA US 17 Wilmington Bypass Temporary Impacts Site -The report should state when the site was
planted. [t is recommended that the NCDOT continue to monitor this site.
U-0092AB Smith Creek Mit~ation Site -The DWQ has several concerns regarding the status of this site.
The DWQ is concerned about invasive species that have been reported at this site. Phragmites has
been an issue with this.site since the 2007 monitoring report, and in October 2008 the site was treated
for kudzu. The phragmites, based on Table 3.3B, has gotten much worse with several monitoring plots
containing a very large fraction of phragmites. There was some discussion in 2007 between the DWQ,
USACE, DCM, and Division 3 about possibly treating for phragmites, but to the DWQ's knowledge
this has not yet happened. The DWQ is also concerned about the bald cypress that has been planted. In
the 2007 report the average density was reported to be 67 trees/acre; in the 2008 report densities had
declined to 39 trees/acre. Rather than discontinuing monitoring, the DWQ encourages the NCDOT to
schedule a meeting, possibly a field meeting, with the appropriate agencies to further discuss the fate
of this site. The DWQ does not feel it can agree to discontinue monitoring of the site at this time.
U-0092AB Smith Creek Parkway Temporary Impact Sites -The NCDOT is proposing to discontinue
monitoring at these sites. The NCDOT is in the process of closing out this mitigation site and proper
coordination with the resource agencies should continue as necessary.
U-0092WM County Mitigation Site -With respect to bald cypress, this site appears to be doing better than
the adjacent Smith Creek Site. Before the DWQ can agree to discontinue monitoring of this site, the
NCDOT is respectfully reminded that an on-site meeting with the appropriate regulatory agencies will
be required.
U-0092 AB Wastewater Treatment Mitigation Site -According to the report, the site must obtain 70
percent coverage of target species. Currently, it is at 63 percent, which is below the 70 percent
required. Consequently, the 2007 report indicates that coverage was at 63 percent as well, indicating
that the site is not improving towards the 70 percent coverage goal. The DWQ recommends that the
site be monitored for one more year to see if the fequired 70 percent can be obtained. [f the required 70
percent coverage cannot be obtained, then the NCDOT should schedule a meeting with the necessary
resource agencies to discuss the fate of this site.
U-0092A Third Street Bridge Mitigation Site -The shrubs planted at this site have not been successful. As
a result, the overall planting success of this site has been compromised and is below the minimum
requirement of 320 trees/shrubs at the end of year three. If the NCDOT continues to work with the site
in order to try and get the site to meet full success criteria, monitoring beyond five years may be
required. [f success criteria for the shrubs and/or the hardwood area cannot be met in a reasonable
length of time, then appropriate mitigation credits may need to be acquired by other means.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact David Wainwright at [phone].
cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
William Wescott, US Anny Corps of Engineers, Washington Field Office
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Kathy Matthews, Environmental Protection Agency (electronic)
Travis Wilson, NC Wildlife Resources Commission (electronic)
Cathy Brittingham, Division of Coastal Management
Steve Sollod, Division of Coastal Management
Garcy Ward, DWQ Washington Regional Office
Ken Averitte, DWQ Fayetteville Regional Office
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