19910287 Ver 1_Other Agency Comments_20080627

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NCDENR

North Carolina Department of Environment and Natural R9600imn,,. 1OC'S
Division of Coastal Management "'-JOV~
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., C

June 26, 2008

Mr. Phil Harris
Project Development and Environmental Analysis
N.C. Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598

and

Mr. Jim Stanfill
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652

RE: Colington Cut Wetland Mitigation Site deficit, Dare County, Coastal Area Management Act
(CAMA) Major Permit No. 70-92, TIP No. B-2024.

Dear Mr. Harris and Mr. Stanfill:

This is in response to the attached letter dated 4/20/06 from the Ecosystem Enhancement Program
(EEP) regarding the Colington Cut Wetland Mitigation Site deficit in Dare County. The N.C. Division
of Coastal Management (DCM) apologizes for the delay in sending this response letter. However, due
to an administrative error, DCM did not actually receive the 4/20/06 EEP letter until 6/2/08. In the
4/20/06 letter, EEP agrees to provide the additional coastal marsh wetland restoration mitigation
required to offset the mitigation deficit associated with the Colington Cut Wetland Mitigation site.

In a letter dated 4/23/03, DCM stated that the Colington Cut Wetland Mitigation Site is not dominated
by coastal marsh species to an extent greater than 50%, therefore the site did not meet the success
criteria required by the approved mitigation plan. DCM also stated in the 4/23/03 letter that if suitable
mitigation can be found nearby or is available at another mitigation site, it may be proposed as
replacement for the permitted impacts that the Colington Cut Wetland Mitigation Site was designed to
replace.

This letter documents that the Colington Cut Wetland Mitigation site is closed, and no further
monitoring of the Colington Cut Wetland Mitigation Site is required. The final total of wetland
mitigation deficits associated with the Colington Cut Wetland Mitigation Site is 0.41 acres of restored
coastal marsh wetland mitigation (Juncus roemerianus, black needlerush).

1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

DCM approves of the EEP providing the additional mitigation to offset the mitigation deficit
associated with the Colington Cut Wetland Mitigation Site. However, please note that the approved
mitigation plan in this case to plant a specific wetland species (Juncus roemerianus, black needlerush)
is more detailed than the typical EEP procedures. Furthermore, EEP is reminded to ensure that the
additional mitigation is in compliance with the appropriate CAMA land use plans.

The additional mitigation being provided by EEP is for impacts that were incurred approximately 15
years ago. Therefore, DCM urges EEP to locate and implement the additional mitigation in the most
expeditious timeframe possible. DCM asks that we be notified of any delays in implementing the
additional mitigation.

DCM looks forward to receiving updates and monitoring reports from EEP on the implementation of
the additional mitigation in accordance with the "Tri-Party" Memorandum of Agreement (MOA)
entered into by the NC Department of Environment and Natural Resources (NCDENR), the NC
Department of Transportation (NCDOT), and the United States Army Corps of Engineers (USACE),
Wilmington District, and in accordance with the "Two-Party" MOA entered into by NCDENR and
NCDOT.

Please contact Cathy Brittingham at [phone] x238 or via e-mail at
[e-mail] if you have any questions or concerns.

Sincerely,

Doug Huggett
Major Permits and Consistency Coordinator

CC: Randy Griffin, NCDOT
Jim Hoadley, DCM
Bill Biddlecome, USACE
Linda Fitzpatrick, DOT
David Wainwright, DWQ

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co stem

PROGRAM

April 20, 2006

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: Colington Cut Wetland Mitigation Site Deficit
Pasquotank River Basin, Cataloging Unit 03010205
Dare County, NCDOT Division 1

The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the additional coastal marsh wetland restoration mitigation
required to offset mitigation deficit associated with the Colington Cut Wetland Mitigation
site. According to information provided by you in a letter dated April 14, 2005, the
remaining mitigation amount required is 0.41 acre coastal marsh wetland restoration.

The Colington Cut Wetland Mitigation site was constructed by the NCDOT in
1995 to offset unavoidable impacts associated with the construction of the TIP Number
B-2024. The site has demonstrated hydrologic success; however, some areas within the
mitigation site failed to reach optimum vegetative success criteria as required by the
NCDCM permit issued for TIP Number B-2024. The NCDOT has made several attempts
to remediate the site and contain the colonization of Phragmites australis onto the
mitigation site. Therefore, the NCDOT has requested the USACE, NCDWQ, and
NCDCM concur with the recommendation to "close out" the site and to provide
additional wetland mitigation to offset the deficits through another source.

The NCDOT elected to reques' mitigation assistance from the EEP for the coastal
marsh wetland deficits associated with the Colington Cut Wetland Mitigation site. The
NCDOT has discussed this recommendation with the proper environmental regulatory
agencies; however, EEP has not received any additional correspondence from the
USACE or NCDCM to indicate if concurrence to "close out" the mitigation site was
granted. The EEP will need verification from the USACE and/or NCDCM that the

MCE1R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

Colington Cut Wetland Mitigation site has been "closed out" and a final total of the
wetland mitigation deficits associated with the site.

EEP is discussing this issue with the NCDCM and USACE to determine the
appropriate timeframe that the mitigation debit is required. The additional mitigation

associated with the Colington Cut Wetland Mitigation site deficit was included in the
EEP's 2006 - 2008 Biennial Budget that was submitted to the NCDOT in April 2006.

If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.

Sincerely,

Wi iam D. Gilmore, P.E.
EEP Director

cc: Mr. Bill Biddlecome, USACE-Washington
Mr. Scott McLendon, USACE-Wilmington
Ms. Lynn Mathis, NCDCM-Elizabeth City
Ms. Cathy Brittingham, NCDCM-Raleigh
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
Mr. Marc Recktenwald, NCDENR-EEP
Mr. Randy Griffin, Jr., NCDOT-PDEA
File: Colington Cut Mitigation Site