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HomeMy WebLinkAboutNCDOT 19-02 White Oak Riverrermta,t ums I NEW STATE OF NORTH CAROLINA-- . Department of Environment and Natural Resources and Coastal Resources Commission for. X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 19-02 r- Issued to N.C. Department of Transportation, 1548 Mail Service Center Raleigh; NC 27699-1548 Authorizing development in Carteret County at Adj. White Oak River, at the northeast comer of the bridge from Cedar Point to Sm=boro as requested in the permittee's application dated 9/7/Ol. WdaQ2kmental sA and This ermit, issued on 2/12102 e P, , is to compliance with the application (were consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of th,se terns may be subject.to fines, imprisonment or civil action; or may cause the permit to be null and void. - Cedar Point Mitigation Site 1) This;permit does not conveyor impiy,approval of the suitability of this property for compensatory wetland mitigation for any particular project. The use of any portion of this site as compensatory mitigation for future projects will be determined on a case -by -case basis during the CAMA permit review and consistency process. f 's.. 2) The permittee shall conduct a wetland delineation to determine the amount of low marsh and the amount of high marsh currently on the site prior to the, initiation of construction and once again after the site has t achieved its hydrologic and vegetative success criteria. The results of these wetland delineations.shall be submitted to DCM for approval. L� (See attached sheets for Additional Conditions) ' This. permit action may be appealed by the ,permittee or Signed by the authority of the Secretary of DENR and ' other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. ' date. An appeal requires resolution prior to work initiation or ' continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. , Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2005 In issuing this permit, the State of.North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. nna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby, accepted. Signature of Permittee Page 2 of 4 ` ADDITIONAL CONDITIONS 3) Mitigation or other remedial actions may be required for permanent impacts to coastal wetlands if the mitigation site fails to meet its hydrologic and vegetative success criteriawithin 5 years of project construction. 4) Mitigation or other remedial actions may be required for temporarily impacted coastal wetlands that have not reattained jurisdictional wetland status within 3 years of project construction. 5) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum extent practicable. Mats will be used when. crossing wetlands to minimize temporary wetland impacts. NOTE- The N.C. Division of Coastal Management (DCM) will not require mitigation for the approximately .237 acres of shallow bottom habitat that is being filled to construct the project: 6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is.not authorized. This condition also applies to removal of the existing breakwater. 7) No excavation of shallow water bottom or any wetlands is authorized by this permit, except as depicted, on the attached workplan drawings. 8) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters, outside of the areas indicated on the attached workplan drawings. 9) All fill material must be, clean and•free of any pollutants, except in trace quantities. 10) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded vegetated wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters, except for those areas where the excavated materials will be used as substrate for marsh restoration as described in. the attached, permit application. Construction of the tidal channel 11) Adequate measures shall be taken to prevent short term and long term erosion of the side slopes of the tidal channel. 12) The tidal channel bank will be at approximately 1.0 feet elevation; and the bottom of the tidal channel will be at approximately 0.00 feet elevation. Excavation of the tidal channel shall not exceed approximately 0.00 elevation. Construction of the Breakwater Structure 13) The existing deteriorating offshore breakwater fill shall be removed in its entirety, including the associated manmade debris (wood, tires, fiberglass panels and concrete rubble.) 14) The authorized alignment of the proposed breakwater structure must be staked by a representative of DCM within a maximum of 30 days prior to the start of any construction. 15) The new breakwater structure must be completely constructed prior to the commencement of excavation and grading behind the breakwater. Page 3 of 4 ADDITIONAL. CONDITIONS 16) No backfill of the breakwater or any other "filling of wetlands, estuarine waters or public trust areas is authorized by this permit, except as depicted on the attached workplan drawings. 17) The height of the permitted breakwater shall not exceed sic inches above mean high water or the normal water level. 18) Placement of the rock breakwater shall be limited to the areas as depicted on the attached workplan drawings. The breakwater rock must be clean and free from loose dirt or any pollutant except in trace quantities. It must be of a size sufficient to prevent its movement from the site by wave or current action. 19) The breakwater shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above mean high water. 20) The permittee shall maintain the breakwater in good condition and in conformance with the terms and conditions ofthispermit or the remaining breakwater structure shall be removed within 90 days of. notification from DCM. NOTE: The permittee and/or his contractor is strongly encouraged to contact a representative of the North Carolina Coastal Federation at (252) 393-8185 to discuss the breakwater structure design prior to project initiation. Sedimentation and Erosion Control. 21) This project is in a High Quality Water Zone and must comply with the Design Standards in Sensitive Watersheds, 15A NCAC 4B..0124. 22) This project must conform to all requirements of the NC Sedimentation Pollution Control Act and NC DOT's Memorandum of Agreement with the Division of Land Resources. . 23) Immediately prior to the initiation of construction, the permittee shall install turbidity curtains in the water area immediately adjacent to the mitigation site, including the existing and proposed breakwater structure. The turbidity curtains are to be properly maintained and retained in the water until . construction is complete. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 24) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. f25) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to , 1 ensure that eroded materials do not enter adjacent wetlands., watercourses and property (e.g. silt fence, s diversion swales_or berms, sand fence, etc.). Use of Cedar Point Mitigation Site as mitigation for futureyroiect impacts 26) The final mitigation credits generated at this site will be determined by the difference between the results of the pre and post -construction wetland delineations required by Condition No. 2 of this CAMA permit.. • Page 4 of 4 > w ADDITIONAL CONDITIONS 27) If this site is to be used as mitigation for future project impacts', written concurrence must be obtained from DCM, the N.C. Division of Water Quality (DWQ), the N.C. Division of Marine Fisheries (DMF ) and the N.C.Wildlife Resources Commission (WRC) that post -construction monitoring demonstrates that hydrologic and vegetative success criteria have been met. Although annual monitoring reports to DCM; DWQ, DMF and WRC will not be required, hydrologic and vegetative monitoring data shall be made available to review agencies at such time as the site is proposed for use as mitigation. NOTE: Mitigation credit for marsh restoration will not be allowed for the footprint of the new breakwater structure. NOTE: If this site is to be used as mitigation for future project impacts, the permittee should revise the Cedar Point Mitigation Site Final Mitigation Planning Report currently dated November2000.. The revised report should include the final approved site plan as described in the permit application package dated 9/7/01, including the supplemental letter dated 11/20/01, and the attached workplan drawings (7): 5 dated as received on 9/28/01, and 2 dated 11/19/01. The Cedar Point mitigation site Final Mitigation Planning Report should also be'revised to include any conditions of this CAMA permit and should also include an as -built report. NOTE: If this site is to be used as mitigation for future project impacts, the entire. mitigation site of approximately 14.34 acres covered by this permit shall be protected in. perpetuity 'iri its restored state according to the. approved final mitigation plan and shall be owned by the permittee or its approved designee. An appropriate conservation easement; deed restriction or other appropriate. instrument shall be attached to the title for the subject property and a copy of such provided to DCM. NOTE: It is strongly recommended that the permittee monitor reference areas or biological benchmarks concurrently with the mitigation area in order to provide adequate data to determine success. General' 28) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters adjacent to the authorized work. The permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 29) The authorized activity will not cause an unacceptable interference with navigation. 30) The N.C. Division of Water Quality has authorized -the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 01-1850), which was issued on 1/14/02. Any violation of this General Water Quality Certification will be considered a violation of this CAMA permit. NOTE; This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE, The U.S. Army Corps of Engineers (Corps) authorized the proposed project under Nationwide Permit No. 27 (Action ID Number 200100396) which was issued on 1/29/02. The permittee is encouraged to contact the Public. Health Pest Management Section at (919) 733- 6407 to discuss mosquito control measures. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 4V 1) APPLICANT: NC Department of Transportation County: Carteret LOCATION OF PROJECT: Highway 24, at the northeast corner of the bridge from Cedar Point to Swansboro. DATE APPLICATION RECEIVED COMPLETE BY FIELD: November 26, 2001 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Bill Arrington DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE RECD:$Lf N PUBLIC NOTICE RECD: END OF NOTICE DATE: I S d ADJ. RIP. PROP NOTICES RECD: DEED RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: ON: 150 DAY DEADLINE: STATE DUE FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY K' • AGENCY DATE CONRAE TS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Division, of Water Resources Division of Marine Fisheries Submerged Lands (DW MEMORANDUM: TO: DOUG HUGGETT FROM: BILL ARRINGTON SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT — Cedar Point Restoration Site, Highway 24, Cedar Point, Carteret County DATE: December 10, 2001 The following are my comments and recommendations regarding the above mentioned proposal The project consists of replacing the existing breakwater with a rock breakwater just offshore and excavating the filled areas behind the new breakwater and adjacent to Highway 24 to restore low marsh and create a stream. Of the 45,658 square feet of Area of Environmental Concern disturbed, Approximately 34,000 square feet will be restored to low marsh and 8,000 square feet will be the breakwater. DOT worked to minimize impacts by decreasing the depth of the stream channel dissecting the site. The White Oak River is coastal water. The project is well designed with minimization of impacts. I would recommend the project be approved contingent upon the following conditions: 1) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 2) No excavated or fill material will be placed at anytime, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plats. 3) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 4) The breakwater rock will be clean and free of any lose dirt or pollutants, except in trace quantities. 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6) Breakwater must be constructed prior to excavation and grading behind breakwater. 7) All fill material must be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 8) Planting rate, soil physiology and soil fertility of excavated and filled areas shall insure vegetative coverage in one growing season. 9) Drop -down areas are included every 100 feet as recommended by NOAA. 10) The breakwater is flagged every 50 feet with yellow reflectors at least 3 feet above mean high water. Cc: Doug Huggett. Charles Jones Ted Tyndall December 10, 2001 Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice - Carteret County Dear Sir: Please publish the attached Notice in the Sunday, December 16, 2001, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699- 1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerely, Bill Arrington D.O.T. Field Representative wla Enclosure cc: Ted Tyndall, District Manager Doug Huggett 1 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resourses hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 26, 2001. According to said application, the North Carolina Department of Transportation is requesting to replace the existing breakwater and restore approximately 3/ of an acre of low marsh at the northeast corner of the Highway 24 Bridge from Cedar Point to Swansboro, in the town of Cedar Point, in Carteret County. A copy of the entire application may be examined or copied at the office of Bill Arrington, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza H, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to January 5, 2002, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review.. and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Please publish on December 16, 2001 DIVISION OF COASTAL MANAGEMENT �� NCDENR N UR .0FHRT of Em"p mmG 4 o NFl R1 RE Rcm 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: OFFICE: TELEPHONE #: FROM: • �►ISIOV OF RJR RE: DATE SENT:, 1 O 16/ FAX #: j 1 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: P. 01 TRANSACTION REPORT DEC-10-2001 MON 02:42 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP DEC-10 02:41 PM 97266016 47" 3 SEND OK 437 Development Type FEE DCM% DWQ% .- (14300 16014351000931625 6253) (243001602 435100095 2341 I. Private, non-cammerdal , development that does not involve S250 100%(S250) 0%($0) the filling or excavation of any wetlands or open water areas 11. Public or commercial development that does not involve the filling or $400 100 % ($400) - 0 % (SO) excavation of any wetlands or open water areas. .. 111. For development that involves the _. filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies. III(A). For Pdvate,non-commercial development, If General water Quality S250 100% (S250) 0% (SO) Certification No.3301 (see attamed) can be applied III(B): For public or commercial development, if General water Quality $400 100 % (5400) 0 % ($0) Certification No.3301 (see a"ac hed) can be applied: III(C). If General Waler Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and S400 60% (S240) , 40% ($160) written DWQ wricurence is needed bemuse of concerns related to wdter quality or aquatic life: - III(D). If General Water Quality Certification No. 3301(see attached) S400 60%(S240) 40%($160) can not be applied: , IV. For development that involves ' the filling and/or excavation of more S475 60 % ($285) 40 % (5190) than one acre of wetlands and/or open water areas: . DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department. of Transportation 2. LOCATION OF PROJECT SITE: Highway 24, in Carteret County, at the northeast corner of the bridge from Cedar Point to Swansboro Photo Index -2000: Photo #457, grid 11 N 1995: Photo # 436, grid 2 0 State Plane Coordinates x 2568000 y: 344400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/3, 10/29 & 11/28/2001 Was Agent Present - YES (Phillip Todd) 5. PROCESSING PROCEDURE: Application Received-11/26/2001 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Carteret County Land Classification from LUP - Rural, Conservation (B) AEC(s) Involved: PT, EW, CS, and CW (C) Water Dependent: Yes (D) Intended Use: Mitigation for future Coastal Wetland impacts (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - breakwater Planned - breakwater (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] Excavated Filled Other (A) Coastal Wetlands - SSpartina alterniflora. Spartina patens, Distichlis 4,118 sf spicata (B) Shallow Bottom 10,340 sf (C) Other - High Ground in AEC 31,200 sf (D) Total CAMA AEC Disturbed: 45,658 sf (1.048 acres) (E) Total area disturbed by project 1.048 acres (F) Primary Nursery Area: No (G) Water Classification: SA HQW (H) Open for Shellfishing: Yes 8. PROJECT SUMMARY: The N.C. Department of Transportation is proposing to replace the degraded breakwater with an offshore rock structure, and restore low marsh to be used as restoration mitigation credit for future transportation projects. V FIELD INVESTIGATION REPORT NC DOT — Cedar Point Restoration PAGE 2 9. PROJECT DESCRIPTION: The site of this proposal is the northeast corner of the Highway 24 Bridge, from Cedar Point to Swansboro, in Carteret County. Elevation of the existing fill at the restoration site is approximately 9 feet, and the breakwater is 5 feet in elevation. The general purpose of the project is to replace the deteriorating breakwater, which is armored on the offshore side with wood, tires and fiberglass panels. A new rock structure will be constructed immediately offshore, and the existing fill will be removed and the site graded and planted to restore low marsh between the breakwater and the existing marsh. Existing fill will be excavated adjacent to Highway 24 to restore low marsh and construct a channel to carry estuarine water to and from the marsh. The site is bordered by the White Oak River on the west, low coastal marsh (Suartina alterniflora) on the north and northeast, a filled commercial storage site and metal building on the east, and Highway 24 on the south. Predominant vegetation on and adjacent to this site includes Suartina alteriflora. Spartina patens. Distichlis spicata, and myrtles. This area is primarily commercial. The site consists of a filled peninsula adjacent to Highway 24 and a filled area along Highway 24 which extends 50' perpendicular from highway 24 near the bridge and extends 100' perpendicular from Highway 24 at the property line farthest from the bridge. The breakwater begins near the bridge east headwall and extends perpendicular to highway 24 approximately 490'. Storm damage has eroded the breakwater on the offshore side significantly and reverted the final 170 feet of the breakwater to shallow bottom and coastal marsh (except 600 square feet of high ground and concrete rubble at the very end). The area between the breakwater and fill adjacent to Highway 24 is shallow bottom and low marsh (Suartina alterniflora) in equal parts. No evidence of shellfish was noted. The filled storage site to the east has a metal building and is void of perennial vegetation. Soils in the area include Corolla Urban Land Complex and Carteret sand, frequently flooded. The White Oak River is classified SA HQW at the project site by the North Carolina Division Of Water Quality. The area is open to the taking of shellfish for consumption, and is not designated as Primary Nursery Area by the North Carolina Division of Marine Fisheries. The Carteret County Land Use Plan designates the project area as Rural, with all CAMA Areas of Environmental Concern designated as Conservation. The proposal is to replace the deteriorating, storm -damaged breakwater with a new stone breakwater designed as recommended by the North Carolina Coastal Federation literature. The area between the breakwater and the existing marsh will be graded and filled with sand from the site to the same elevation as the existing low marsh, including approximately 1400 square feet of high coastal marsh. This area will then be planted with Suartina alterniflora. The high ground fill adjacent to Highway 24 will be graded at a 3:1 slope down to an elevation of 1.2 feet. The grade will then become almost flat approaching the 8-foot wide steam channel dissecting the site. The stream channel bank will be at 1.0 feet elevation and the bottom of the stream will be at 0.00 elevation. The area on the north side of the stream will then rise gradually to meet the existing elevations that currently are vegetated with Spartina alterniflora. Twenty feet of the west end of the stream and 70 feet of the east end of the stream (approximately 30 feet wide) will be excavated in coastal marsh. This area has been deducted from the area the NC DOT has requested restoration mitigation credit. FIELD INVESTIGATION REPORT NC DOT — Cedar Point Restoration PAGE 3 The restoration area adjacent to Highway 24 will be approximately 270 feet wide parallel to Highway 24, 30 feet deep at the west end and 90 feet deep at the east end. The restoration area behind the breakwater will be approximately 40 feet wide by 490 feet long. The breakwater will be constructed from large rock. The area under the breakwater will be excavated to —1.15 feet. A geotextile fabric will be installed. The breakwater will be approximately 16 feet wide and will rise with 1.5:1 slope to an elevation of 2.5 feet. The White Oak River side of the breakwater will include a ledge at 0.35 feet elevation approximately 3 feet wide. 10. ANTICIPATED IMPACTS: As proposed, the replacement of the existing breakwater, grading of the site and excavation of the stream will result in: Approximately 2718 square feet of low marsh and 1400 square feet of high marsh being excavated for the new stream and the low marsh behind the breakwater; approximately 10,340 feet of shallow bottom will be excavated and filled to install the breakwater and obtain grade behind the breakwater; approximately 31,200 square feet of high ground will be excavated adjacent to Highway 24 and behind the new breakwater to install the low coastal marsh and stream. The entire project is in the CAMA Coastal Shoreline Area of Environmental Concern. Navigational use of the area can occur presently and this use could be expanded with the addition of the stream. This site was filled in the distant past and the restored areas will result in site conditions similar to their original hydrology and vegetation. The NC DOT has reduced the estuarine system excavation impacts associated with this proposal by using higher elevations in the stream and hand clearing. There is a high probability of turbidity expected during the construction of the breakwater and marsh. The NC DOT has proposed to use design standards for sensitive watersheds and standard NC DOT BMP's to minimize these impacts. The primary use. of this site will be for future mitigation needs.. The restoration should improve the water quality in the area by reducing erosion and increasing the area of low marsh. The replacement of the breakwater will protect the fragile marsh system behind it. The collective disturbance area for the project is 1.048 acres. Most of this area will be restored to coastal marsh. Bill Arrington December 10, 2001 Morehead City Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark SWtStJSt3o&0} CE.I&L. 1. APPLICANT c. Street address or secondary road number �l C ';�q a. Landowner: Name W - C • T^�fx rt � Tea,Svice cusicN Address 1" B t AL- &-tv'"- U 'lre 2 City ZhVkk(sH State h' (-- Zip -I" Day Phone 'I M --i33 Fax 92194 b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) Swp'vStiaeo � 04.�x�e• Pam" NOTE: Pemdt wia be ismed in nwm of iandowner(s), and/or Project name. 2. LOCATION OF PROPOSED PROJECT a. County d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) uotbr M 04'L Y'^`t t R- 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home,` motel, marina, bulkhead, pier, and excavation and/or filling activities. Op.1S'tYN Lc MiT (a aTro�{ 5�`Y c_ b. Is the proposed activity maintenance of an existing project, new work, or both? NEW LOQKK- c. Will the project be for public, private or commercial use? 91 St3 i c d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. ccw'ay N (.c M%T C' L 7%0tS . Si T" VOy- F`rTy t-t U&4- Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract rar, - wt—14ai �f'2t b. Size of individual lot(s) 141 p c. Approximate elevation of tract above MHW or NWL 0-5 d. Soil type(s) and texture(s) of tract SAwln SAN" W,L�r" e. Vegetation on tract l�� f. Man-made features now on tract g. What is the CAMA Land Use Plan land classification of the site? (Conrab the lot land we plan.) Conservation X Transitional �Y Developed Community Rural Other h. How is the tract zoned by local government? LQNV—, CG 44- i. Is the proposed project consistent with the applicable zoning? Yes )_ No (Anach zoNng wv pam w wMficaue, if applicable) j. Has a professional archaeological assessment been done for the tract? x Yes No If yes, by whom? vmEr- C M2PA 1`2 crM �z rtp,s e'-Z%os " Nf Dar k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other If yes, has a delineation been conducted? `I£S (Anach do="wwadm, if amailable) in. Describe existing wastewater treatment facilities. N/p n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down' and residential discharges.) lEaF/aC—t- ?,kJQ OFF w we 1� s�+tae ti uwgg, Sd'- -,"— o. Describe existing drinking water supply source. N Ila 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a'copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an g 12' by 11' white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the NCDOT/P&E BRANCH Fax:919-733-9794 Form DCM-MP-1 i site. include Ihighway or secondary 'toad (SR). numbers, iaodmnrks, and the like. I • A Storrlrwater Certitimtion, if one is necessary. . . • A list of the names and complete addresses Or the adjacrtnt waterfront (riparian) landowners and. signed return ree+:ipts v Proof that such owlet" • here received it COPY of the applkation: and Plata by eartified n1a11. Such landowners must be advised that they have 30 days in which to submit. =.=Pots : on the•. proposed project to the Divislon:of Coastal: Management. Upon signing this form, the applicant': further certifies'; that such notice has been p wlded: Name Address %04 n l8 . Phone goo►-� t.1C D$'734 Name c of 5stenssbaen Address wK.$ Phone010' Name Address QAQ Ce/wmC Six Phone • A list of previous state or federal Permits issued. for work on'the project tract. Include peraiit.nd®bees; perwittee, and issuing dates. Dec 4 '01 16:43 P.03 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this xp¢i cation wUI allow only the development described in to application. The project will be subject to conditions and,calrietions Contained lq the permit. i certify thst to the best of my knowledge, the proposed seiiviry-complies with the State of North Carolina's approved Coastal Management Program and will be Conducted in a manner consistent with such program. 1. Wtify that I am authorised to grant, and do in fact, ..gtatd permission to representatives of State and federal 11MOW. agencies to enter On the a wanentioned lands In Cooaoetion with evaluating information related to this permit, application and follow-up monitoring of the ptojed. 4.ga her certify that the information provided In this application is truthful to the beet of my knowledge. -M. *I& is the —edgy of I .-2_1" Print Nan* \l pC—• I�i nxAReJ .r t� •� _ Er: (ace r� $>j�tfatur0,7%-H rm,do.xr or Aedmrixed Arm Plean indicate atnchmeats Pertaining to your Proposed • A check for $260 made payable to Department of project. Environment, ; Health, and Natural Resources. (DEHNR) to `eaver the costs of proceasing :tie::.., :: • ./ . DCM MP-2 Excavation and Fill Information application. ✓ DCM MP-3 Upland Development e A signed AEC hazard notice for projects :hn: oceanfront and', inlet areas. • A statement: of compliance with. the N-C:. ]Envirbmnertai Policy Act (N.C•G.S. -113A -1 to:: 10) If the project involves the expenditure of public funds or use lof public lands, attach * statement documenting compliance with the North Carolina Environmental; Policy Act. i DCM MP-4 Structures Iaformatloo DCM MP-5 Bridges and Culverts DCM my-6 Marina Development NOTE. Please sign and date each attachment in Nee . space provided at the bottom of each form. 11 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Flml EsEstlrtq Prnled Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline rtabiliution) t'toiu s'si. — 3�is3 E`I -ieTn� fxcA��ON — t}, b84 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated'. Fw r�atTcY,:�t— c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? iL Yes _ No d. Highground excavation in cubic yards 3y— r.,n��tit.—► 1Vt0 Cl opa 0i �a.4rninvtRo.1 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area LN'1 .2 L" Ssowsc" qal <A- b. Dimensions of disposal area w /a c. Do you claim tide to disposal area? N /A Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? —Yes If yes, where? be available for future _ No tJ JQ Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes ✓ No f. Does the disposal include any area in the water? Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead ✓ Riprap b. Length 'tom c. Average distance waterward of MHW or NWL 35� d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months seer, 4 j (Source of information) f. Type of bulkhead or riprap material CLpsz z Wl— e&P Foe. S'MVice. M g. Amount of fill in cubic yards to be placed below water level (1) Riprap L+aao cy (2) Bulkhead backfill h. Type of fill material Ct as I e{t' P-cP , i. Source of fill material N /A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes ✓ No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? ✓ Yes No If yes, (1) Dimensions of fill area cy (2) Purpose of fill"' Tftp 'y S7 r-ns>t$ZA att.A �F 6�r.i rcin,c..� MAz� Ac7RA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? �ecti>—ri cve.-rz (FtAATNLa� , bEs fall g�-p..,c�cce.t�t Gdt. SE�.ISTNE.. WPrc.ts�nc , Fy.Z..nAl.n WC'bCX T�'tiT'S b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? V-tic' 14 con+S��c rr� E�v�ianE�rr c. Will wetlands be crossed in transporting equipment to project site? ✓ Yes No If yes, explain steps that will be taken to lessen environmental impacts. ir- Ne sxti 'p&?ALTS ->,3 1,J4.TLont�4 rP Ja P.-aI�WM F�11„'"SAc2n Mlil btmo..l Applimat or Peoj Name A/ L- , U.'b', r"%ono — swnw e a I, Date Revised 03l95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed N /4 b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) N/�' d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 13� ,iK1ar� e. If the proposed project will disturb more than one 3 't acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. d If applicable, has a sedimentation and erosion zcontrol plan been submitted to the Division of Land Resources? -Yes v,,"_ No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. N A g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. N /A h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes _ V No If yes, date submitted i. Describe proposed method of sewage disposal. N /A j. Have the facilities described in Itemm. above received state or local approval.' (Attach appropriate documenmdon) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). N/A 1. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) is I -A m. Will water be impounded? _ Yes `� No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? Lo — /A �P� q�y4p�OtIJ M�(TpT11wa Q�i. �-a�o�uJt�1 bg Appllrant or Project Name Signaturt Date Form DCM-MP4 Csa�,E., VCoIr-T �,A�Lwt�cR. �-twcty� STRUCTURES' (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width (5) Finger Piers —Yes —No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes _No (/) (8) (9) (10) (i) Number (ii) Length (iii) Width Number of slips proposed _ Proximity of structure to property lines Width of water body Water depth at waterward MLW or NWL adjacent riparian end of pier at b. Boathouse (including covered lifts) N % A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) — N /A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length 490 (2) Average distance from MHW, NWL or wetlands as (3) Maximum distance beyond MHW, NWL or wetlands 1+5- e. Mooring buoys — N IA (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete dercripdon) l�P � G�cDPL 'R�WT twTiGpleN S� �-a�oswM €w�s�w r�rc�at..s`s4. AppH=t or sect Name pp rr I Signature Date CEDAR POINT MITIGATION SITE (R-2105WM) Figure 2: Proposed Condition b b� °• GQ�O.y °• yy ' b 0y'• •: l�2PO ° .fib • yb � .O• tl MHW Line 4 Area Disturbed ,y tlry (2.5' Elevati Below MHW N/f ry1 JOHN. N.4 .0 LOTS B.JONES ' Area Disturbed .ti +'• Below MHW °• IWI Ihl o, i NIF 41 a a J �... la s bp` -..w—.' u.am..uwaw—......_....... .. ='S{��.......: .......W»......_,,,;,;,,,,,,,,J,v-....M,......».M.x.._._.'0.r..,..__..� �tl " ... y�e ` flOPOSED N/M I ...... '_.�.. P�.....EXISTING ..EXISTING N/W NCB HW'f 2�4 •—_--�-1----'IOR fi--- b 1 bb GRAPHIC SCALE « EXIST.EDGE OF PAVEMENT lq o u a CEDAR POINT MITIGATION SITE (R-2105WM) Figure 3: All Areas Disturbed By Construction 6pPo oy^ N y b • 2` p0 0 �yN b 0 1N �• a A yN q N`'• o MHW Line Area Disturbed ,N a (2.5' Elevoti ,o Below MHW b. N JOJam..R.B .• LO15 B. JONES ' c Area Disturbed ryN Below MHW o^ 01 ti :q'•• .�.. N'^c3�'" �� 0, WOLEY ........>,N � 131 r� e''• •' � o 4 •' '�;�•., _ Area Disturbed Above MHW 4014 �! b 6 3 b�1 'yyt^_• �b N `y ...... NPBOPOSEO Bq •;�'',"'It �.'•.. bY:..... ..... N ,�..... ......................_.. • �«-......�.i�..- •�E%K tM Bq h............... ..... bo �"1 b• ^r1 --........� ..-...�.e.�^` ^- - - - N b �. g3ffi y ----'"�mv ti----3• ----'�Ob —'�b'N—----b— ....— . NC..•'.•.• HWYN 24 GRAPHIC SOLE « « EXIST. EOCE Of PAVEMENT 0 EDGE OF EXISTING MHW Line EIP HARSH i SWANSBORO MITIGATION (2.5' Elevation) a^ SITE (R-2 105WM) Area Disturbed Below MHW FIGURE 3: All Ar as Disturbed yh \ \ EXIST. MARSH o M1 by Construction Area Disturbed �. Above MHW ��. ,ay.. • �., ha M1 ----- Area Disturbed !� Below MHW a h ' s O EIP •- ` ' v':':: • :a ^ �� Area Disturbed Above MHW V- EL= 0.24, -�RfV `;' ,`'?�. • ,�• ,`. �' NC GRID NAD 83 �� �"�.•oe o % N/F ,• '3;� �•�• -,y 'ANTHONY JOSEPH NOWAL SKI i NV EL= 6.26' `Sr\jj �`•a` `: •` `�• 'o / �� / e ` p GRAPHIC SCALE �M1 . , a � �'`• � 0 20 6 20 40 60 DI `•.,,n �M1 • ,�0•� . - CEDAR POINT MITIGATION SITE (R-2105WM) FIGURE I: Existing Conditions 4Z- —_ / o^ ° N b O \M1 9 9 N MHW Line " HIT . p (2.5' Elevation) lil O• �' h'� \y� 1yn JOHN. R. S LOIS D. JONES g / ^N PG• y� ° EDGE OF EXISTING MARSH \.....\ H✓iq ��� ..W�•• jy DJ^'••,' IV) '1 •\hy If N/F JOHN. N. DODLEY w ° y . T . '�� ny •' b- N w O M1° PROPOSER W/g EXISTING fl/M y - b 9 qy N� HWY 2 _____JL•_________ ti___A__________A.______ lbph _ e `^'.4 y GRAPHIC: SCALE 1 b -_y EMIST.EOOE OF PAVEMENT CEDAR POINT MITIGATION SITE (R-2105WM) Figure 2: Proposed Condition •�b7 • � 1 1 b , I NN u4 bN \y y � '• \ 'Area Disturbed 9 w \; • ,� Below MHW •' h b C MHW Line h N/F ryry ' (2.5' ElevotionIs 9.. E5 ) GJ, yp Ny Ik Ipl ��V by n• p hb (� u M1,.��,,r_,-• No yR be ,1 ._ bh_ �JO �� 1-A 'Y.� 0 N - b '1M1 . s O' ' : • — b� -�`R y - - t _y a—_-• -- rob q• 4 5R _.~.-b .. _3ah'� �._85 = .......... EXISTING F/W _ ..__..... o .......... . h U b 62 ' �nlJ I• N HWY 4 a- IO- ------- bb b• i 0 ' � EXIST. EDGE of P4YEUENT Area Disturbed — Below MHW Jam. R. f DUDLEY r� py1 Icw.4 l:•e.l ^ i.r. \..,. ;\o _L"a ;;i-I IL\� C ��..} ILi �11:��t- Il ,'t �.IC 6J5�(: 1I/1 a or•- c°°S / FS1nli�w l an. ZQv-e vice'1— (� -, y{r Gv.,J v-GwY' feSa-i�wi n LOS'`' wo, CEDAR POINT MITIGATION SITE (R-2 105WM) Figure 3: All Areas Disturbed By Con tion 6 DUB I q 1•'• 1 fi '. Area Disturbed b9 Below MHW 4 e -Area Disturbed s �I Below MHW b �(ws �C4NCST 33 77� \ tIb"r'••\'1 .' ��1 MHW Line N/F M1• o 1 � I (2.5' Elevation) . EOIS e: o ES IQ . _ . _ .. ?. bq gbgM1 .•'/`� DOtlLEY x NY Areo Disturbed �l Above MHW ,nI.I 1 q qry. 6 $ b0 tip'. - '• e ~•,o.�,�J /r.s,� ..'.� -bpi. ... .. �y R/N -�-n�_. EXIST /•� - _ 0 ♦ ��� �t3a`J. y..� W6 r .. �.�. —��_bb �x —� •�� 1q • by � ' .... . O __-------"---`------'---- q 1 JI � ' - I: 4 q m {'-------'-' -------- �m :� bq bq q _ ' ... , N� Hwr _______ a•_________ _________b:______ - M1 _____ ___ 4 IrRX SCALE t • i - b- _b- _ _-,eb b 1• V 0 • « EXIST.EDGE OF PAVENENI 3 LLx9n ttnp r{.lru tlonorsh On Llmtt (Tie to E5�lihls Side) CEDAR POINT MITIGATION SITE (R-2105WM) BREAKWATER STRUCTURE AREA Figure 3: All Areas Disturbed by Construction Argq_Dls�/� �NGI��Vjx'°" !25' Ele o%nl C nstruoS1 L1m1ts (Edge of BreGT oter. Struncture on Thls Side) Area Disturbed Below MHW e C/r ng Br�kwNN� Sfl�uCfu�e Area DlsturW Below MHW VA&sh� (crAelr Ir (tilt lY� 01 YMirlr Sl/¢Ir1 e1e t T 11 rAIM1110 YOU= 11 1611K1510 JAMIN 13 16661e1 I461itm I1 1461220/ U61121e IS 166A1110 16WUIM l6 16611A0 344"t n 161t"M 3164AID 11 11PIepQO NM.?M 11 11St10 IeQLM rSe te: e table for ordinates of 4 Elev. _ Elev. Elev. = It 2 Existing Elev. = 7. V Existing Crossection (Approximate at T-6) CEDAR POINT MITIGATION SITE (R-2105WM) Breakwater Structure (Typical) il'Jo1- to Scale) r�T v'y CF O i� v ZOU ccCn ♦♦ru tlon LV Me to E><Is lnq `ilorsn On 1'hls Side) a 27 18 3 I Awl r.l' i -T Z iv' £'o' I y Oo � CEDAR POINT MITIGATION SITE (R-2105WM) BREAKWATER STRUCTURE AREA Figure I: Existing Conditions s I G.J LIGVVIIVIV C nstructlI n Llmlts (Edge of Breo�Crater SVructure on Thl, Sldel 0 -7 r,y ,tr 's lz� :l CEDAR POINT MITIGATION SITE (R-2105WM) BREAKWATER STRUCTURE AREA Figure 2:.Proposed Conditions (Al on) C nsfructl n Llmifs "-''' �`t� q\ (Edge of Thls Slcel Area Dlslurbed Below MHW Match cwfmla IV TWO, Iw 01 ►I*wlY llmlwa lelx 1 / 11 11i110 11{eIDW 13MIN 115115112110 1NIIIA?W u 1511111e1 1unula II 111769M INluie IS 110NLA 344"W I{ 111 1MIR117U II I"m 111e 1MeU111 11 11 410 14m.1120 MORG 7Ye111tY1 M1211001 W ��2O gfr J RN _JQ Yl4l zt �:l RYPIX.I h-(JY JL l•. `vl .�, �Ow ivl `KV52G1 .?J.pdi - ,)Af(q i )ocir C �I.G,✓'G Lease w�l SE MH'N Line LG (2.5' Elevation) �ej �trU I z' '. \hy EDGE OF E MAR! EIP 00 EXIST, MARSH ` :a a �._._,_._ .-��.._.. _•�w - - - - :\fib. '� � rye ti -----:5°�`'•,^o P O 0 ..a . y.0 , IP �ti • �a : - : �Q. .�.. _ • ;." ' ' ° \ `.' .`_ . • oCI ` ` �' • '�' Spa '° y' " N �.i'tea. •,%�br�♦'�!/ 1 •w . b ��• 1 _ _a . �. ,4• Xk GRAPHIC SCALE 20 0, 20 40 60 SWANSBORO MITIGATION SITE (R-2105WM) FIGURE I: Existing Conditions o Oti b I V EL = 0.24' % 121 14.1 4q♦� .• NC GRID — / - `� . \., •.� �ANTHONY JOSEPH `��A^� �• KOWALSKI / O,p R nSfO e=w- � O^ / ?O_ V•. ♦`o�•`♦'•, O;IP\O� ta• 6• . J.,011 �'eC6� c/ j^2co �".e.♦ try 0., ST�"'e<,.•� Al-s EDGE OF EXISTINGMARSH SWANSBORO MITIGATION ' MHW Line EIP 4y (2.5' Elevation) b^ SITE (R-2 105WM) Area Disturbed FIGURE 2: Proposed Conditions Below MHW\\ '�yy EXIST. MARSH`` Oq� '♦a ti , b " ° Area Disturbed Below MHW a� • , by ti 1,2 -iKi• e^ P 0. ` 3 • �•♦y. � �°� - '!Z' ''moo � ^b EIT;,: •`?ryoo r, . Div' ' �b•� - ` f .•'. ' <y...; " I V f.L= 0.24' b !RfV. •�^s°:� '. 2.,`..r�•• NC GRID `� \ @0. ¢ ,♦ty N/F .t�`•�. ♦y. : i1` �.. ♦' h •. •, • V. 'y �ANTHONY JOSEPH / ' KOWALSNI o \�1' • _ •♦,..,mom ,� / ,� • Ram" • AGb.� P ♦ O O. *gyp' � ,^' ��'Q `b •�.oSfo '.`,4,: �- GRAPHIC SCALE \�'h - `+ • o r°'`• `'' O \ OCT.-11'01(THU) 13:38 SHELLFISH SANITATION TEL:252 726 8475 P,002 PROHIBITED TERRITORY WHITE OAK R]*VFR AMA CARTERBT & ONSLOW COUNTY Area D-3 (Map 35) (Prohibited areas are shaded) " [r 1 �Ii�i�B1�'TED y l "A IY r I r,i n, plTtD �� AREA CA ti p� c►xmi P� ,piTaD -PROM i B,,p a gc+a l 'F �.' is Cr .e �RON i'ditFt• ' ARE' o d � � See pear Creek Area Prahihi:ad Island and Gaase V4r�lfc/�� cnp-,...`O, f•••�•• Creeks De�irtiaa:, G^'a P�a O � Q �� e pOvoq Ptl mc . I �Ord ° Revisions: 2/05/87, � � 12101188, 9, 7/03/89, 6113/91, 1/96; 3/99 NO PERSON SHALL TAKE pR ATTEMPT TO TAKE ANY OYSTERS, CLAMS OR MUSSELS OR POSSESS, SELL, OR OFFER FOR SALE ANY OYSTERS, CLAMS OR MUSSELS TAKEN FROM THE FOLLOWING AREAS, AT ANY TIME: (Description on back of sheet) IF INCORRECT RETURN TO Warrant No. 1090173 NC DEPARTMENT OF TRANSPORTATION CONTROLLER'S OFFICE Date 11-29-2000 RALEIGH NC 27588-1515 43301 0793 007 INVOICE NUMBER INVOICE DATE OR CONTRACT INVOICE AMOUNT (-) DISCOUNT (+) FREIGHT NET AMOUNT 11-27-2000 475.00 475.00 L u t 4— - MEN"I. RMANAGp Dehch stub before deposiUng TOTAL: 475.00 475.00 Remarks CA14A MAJOR PERMIT & MAJOR 401 WATER QUALITY CERTIFICATION; TIP NO. R-2105WM December 10, 2001 W. D. Gilmore, P.E., Manager NC Department of Transportation Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC, 27699-1548 Dear Mr. Gilmore, The NC Division of Coastal Management hereby acklowledges receipt of your application for State approval for the replacement of the breakwater and restoration of coastal marsh at Cedar Point, in Carteret County. It was received on November 26, 2001, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 8, 2002. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the proposed development. You should post this notice at a conspicuous point along the roadway where it can be observed from the road. An example would be: nailing the notice card to a telephone pole or tree along the road right-of-way nearthe project. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Bill Arrington, D.O.T. Field Representative WLA Enclosure cc: Charles Jones Doug Huggett Ted Tyndall, District Manager f f a AMA PERMIT APPLIED FOR COMMENTS ACCEPTED- THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT nFFIrFR RPi nInr. MICHAEL F. EASLEY GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION November 20, 2001 Department of Environment, and Natural Resources Division of Coastal Management Attention: Mr. Bill Arrington Hestron Plaza II, 151 B, Highway 24 Morehead City, North Carolina 28557 Nov 2 d 2001 LYNDO TIPPETT SECRETARY Subject: Onslow and Carteret Counties, Construction of Swansboro and Cedar Point Mitigation Sites, TIP No. R-2105WM. Dear Mr. Arrington: As you know, the North Carolina Department of Transportation (NCDOT) requested authorization under a CAMA Major Development Permit to construct marsh sites called Cedar Point and Swansboro. We appreciate the assistance you have provided on these two projects. The purpose of this letter is to update the permit application, dated September 7,2001, for Cedar Point and to request that Division of Coastal Management (DCM) process the permit application for Cedar Point separate from Swansboro. The NCDOT has reviewed and incorporated comments from a field review meeting on Cedar Point. Changes can be noted on the attached drawing that is noted as "Figure 2, Proposed Conditions". The elevation for tidal creek bottom flowing through the site has been raised to 0.00' elevation as opposed to the original proposed elevation of —0.65'. In addition, the elevation for the top of the channel is now 1.00' elevation in place of 0.35' elevation as originally proposed. The rationale behind the raising of the elevation is due to NCDOT learning from the location of successful elevation (1.00') for Spartina alterniora at another mitigation site. The NCDOT has reduced disturbance to the existing marsh by raising the elevation of the channel bottom to 0.0' elevation. The proposed project will now disturb 2,718 square feet (0.06 acre) of existing marsh, and, of this total disturbance, 801 square feet (0.018 acre) of existing marsh will be converted to open water. Previous totals were 0.038 acre from conversion to open water, and 0.072 acre disturbed by hand clearing. Therefore, total available mitigation has been detailed in Table 1. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1646 MAIL SERVICE CENTER RALEIGH NC 27699-1546 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBsrm, www..DOH.DOTSTATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC }Table i Spmmary of 1Vhhgafiouat Cedar,Pornt iVIitrgation Srte �Mrhgafion Type R� � Species Plan�d_yj �:yMthgatlon`,Area (Mr�tgafion Credits Low Marsh Restore S. altern flora 0.36 acre* 0.18 acre* High Marsh Restore S. patens 0.42 acre 0.21 acre Totals 0.78 acre* 0.39 acre* ""' indicates than 0 AIR — r.. , -, impacts to ex The NCDOT asks DCM to process the permit application for Cedar Point at this time separate from Swansboro. This request is necessary in order to meet NCDOT's potential construction schedule for the site because there are issues with the Swansboro project. The time required to resolve these issues will prevent constructing the Swansboro project this coming spring. Consequently, NCDOT will submit a separate permit for the Swansboro project if these issues can be resolved, and NCDOT decides to proceed with the Swansboro project. The NCDOT also notes that the Section 404 Nationwide Permit 27 issued by the U. S. Army Corps of Engineers (USACE) may need to be modified since the elevations at Cedar Point project have been raised. The NCDOT asks that the USACE determine if this modification is necessary. Once again, the NCDOT appreciates your assistance in processing the CAMA Major Development Permit for Cedar Point. If you have any questions, please contact Mr. Phillip Todd of my staff at (919) 733-7844, Extension 314. Sincerely, W. D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch cc: Mr. David Franklin, USACE, Wilmington Mr. Dave Timpy, USACE, Wilmington Ms. Kelly Williams, NCDCM, Raleigh Mr. John Hennessy, NCDWQ, Raleigh Mr. David Cox, NCWRC, Northside Mr. Tom McCartney, USFWS, Raleigh Mr. Ron Sechler, NMFS, Morehead City Mr. Mike Street, NCDMF, Morehead City t s � ' � � Noi �-' F;LOOi STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETr GOVERNOR SECRETARY November 20.2000 Department of Environment, and Natural Resources Division of Coastal Management Attention: Mr. Bill Arrington Hestron Plaza II, 151 B, Highway 24 Morehead City, North Carolina 28557 Subject: Onslow and Carteret Counties, Construction of Swansboro and Cedar Point Mitigation Sites, TIP No. R-2105 WM. Dear Mr. Arrington: As you know, the North Carolina Department of Transportation (NCDOT) requested authorization under a CAMA Major Development Permit to construct marsh sites called Cedar Point and Swansboro. We appreciate the assistance you have provided on these two projects. The purpose of this letter is to update the permit application, dated September 7,2001, for Cedar Point and to request that Division of Coastal Management (DCM) process the permit application for Cedar Point separate from Swansboro. The NCDOT has reviewed and incorporated comments from a field review meeting on Cedar Point. Changes can be noted on the attached drawing that is noted as "Figure 2, Proposed Conditions". The elevation for tidal creek bottom flowing through the site has been raised to 0.00' elevation as opposed to the original proposed elevation of —0.65'. In addition, the elevation for the top of the channel is now 1.00' elevation in place of 0.35' elevation as originally proposed. The rationale behind the raising of the elevation is due to NCDOT learning from the location of successful elevation (1.00') for Spartina alternii fora at another mitigation site. The NCDOT asks DCM to process the permit application for Cedar Point at this time separate from Swansboro. - This request is necessary in order to meet NCDOT's potential construction schedule for the site because there are issues with the Swansboro project. The time required to resolve these issues will prevent constructing the Swansboro project this coming spring. Consequently, NCDOT will submit a separate permit for the Swansboro project if these issues can be resolved, and NCDOT decides to proceed with the Swansboro project. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 154E MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE. WW !DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING i SOUTH WILMINGTON STREET RALEIGH NC The NCDOT also notes that the Section 404 Nationwide Permit 27 issued by the U. S. Army Corps of Engineers (USACE) may need to be modified since the elevations at Cedar Point project have been raised. The NCDOT asks that the USACE determine if this modification is necessary. Once again, the NCDOT appreciates your assistance in processing the CAMA Major Development Permit for Cedar Point. If you have any questions, please contact Mr. Phillip Todd of my staff at (919) 733-7844, Extension 314. Sincerely, 19 U «. D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch cc: Mr. David Franklin, USACE, Wilmington Mr. Dave Timpy, USACE, Wilmington Ms. Kelly Williams, NCDCM, Raleigh Mr. John Hennessy, NCDWQ, Raleigh Mr. David Cox, NCWRC, Northside Mr. Tom McCartney, USFWS, Raleigh Mr. Ron Sechler, NMFS, Morehead City Mr. Mike Street, NCDMF, Morehead City State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor William G. Ross, Jr., Secretary Preston P. Pate, Jr., Director MEMORANDUM TO: Bill Arrington Division of Coastal Management FROM: Preston P. Pate, Jr., Director Division of Marine Fisheries DATE: November 15, 2001 1, 0 WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES tvu _ _ 7pp1 SUBJ: Construction of Swansboro & Cedar Point Mitigation Sites Tip # R-2105WM / Onslow & Carteret Counties I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur with their recommendation(s). Director, Date Preston P.Pate, Jr. Deputy Director, Date Michael G. Buhl Habitat rotection Section Date Section Chief, Michael W. Street P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 252-726-7021 FAX 252-727-5127 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of ,Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor William G. Ross. Jr., Secretary Preston P. Pate, Jr., Director November 14, 2001 Mr. Bill Arrington Division of Coastal Management Hestron Plaza H, 151 B, Hwy 24 Morehead City, NC 28557 AM�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 Subject: Construction of Swansboro and Cedar Point Mitigation Sites, TIP No. R-2105WM Dear Mr. Arrington: This letter provides supplemental comments to our comments covered by the memorandum dated October 8, 2001 from Mike Street to you. These comments are for the proposed Swansboro Mitigation Site. The,NCDOT proposes to connect an existing ditch to the White Oak River with a straight channel. 'A straight ditch create direct flow from the existing stormwater outfall rather than sheet flow, therefore we recommend that this ditch not be approved. The proposed basin (plunge pool) for the stormwater outfall should be constructed as proposed, but should not be connected to the White Oak River. Sincerely, " 2A'r'`'/. James Patrick Monaghan, Jr. Supervisory Biologist W 5 200i uITK P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 252-726-7021 FAX 252-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper p � Gs Qosi� 7 bA- 1e NeecC C�rc�'� ��a+s a Je- ea`K cki'(a 5 31.E n-A'QSs 5 oK}E+ LJ41�r— � U &;3C-4wp C�3{ormww 5. Dfcti w.JCA c(ose 4a (d-�kVJ4/ b\awp� Cq L'J� �ui �" q i5 7 3 3 7 9 STATE OF NORTH CAROLINA ex• 31 EPARTMENT OF T`AR NSPORTATION MICHAEL F. EASLEY 03 ,C.)RSS�r�'-J-rrm— r LYNDOTIPPETT GOVERNOR SIk- SECRETARY September 7, 2001 Department of Environment, and Natural Resources Division of Coastal Management Attention: Bill Arrington Hestron Plaza II, 151 B, Highway 24 Morehead City, North Carolina 28557 Subject: Onslow and Carteret Counties, Construction of Swansboro and Cedar Point Mitigation Sites, TIP No. R-2105WM. Dear Mr. Arrington: As you are aware, the North Carolina Department of Transportation (NCDOT) proposes to construct tidal marsh adjacent to NC 24 in Swansboro and Cedar Point. The NCDOT submitted a Coastal Area Management Act (CAMA) Major Development Permit in a letter dated November 9, 2000. In December 15, 2000, Mr. Phillip Todd of my staff met with Ms. Tere Barrett of Division of Coastal Management to discuss the permit application. Ms. Barrett described how the permit application was incomplete. The purpose of this letter is to provide additional information to DCM in order for the permit application to be processed. Ms. Barrett said that plat maps of parcels would be needed. These maps have been attached and provided with this letter. The NCDOT has also produced maps showing the existing conditions, proposed conditions, and areas disturbed by construction. These maps are for both Swansboro and Cedar Point Sites. Additionally, a cross section of the existing breakwater structure that is eroding has been included with the maps per a request of Ms. Barrett. Ms. Barrett asked that NCDOT provide standard CAMA application information for each site. A revised standard application has been attached to this letter. As you aware, the NCDOT has already contacted adjacent landowners about its CAMA permit application. A copy of green cards was provided to Ms. Tere Barrett in a letter dated December 20, 2000. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WUVI1NGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WINW.DORDOT.STATE.NC.US RALEIGH NC RALEIGH NC 27699-1548 Mr. John Hennessy of N. C. Division of Water Quality (NCDWQ) noted in an email that additional copies of the mitigation planning documents were needed per NCDWQ's rules. These additional copies will be provided with this supplemental information for the CAMA permit application. We appreciate DCM's assistance with this permit application. If additional information about either mitigation area is needed, please contact Mr. Phillip Todd of my staff at (919) 733-7844, Extension 314. Sincerely, 1� W. D. Gilmore, P. E., Manager b Project Development and Environmental Analysis Branch cc: Mr. David Franklin, USACE, Wilmington Mr. Dave Timpy, USACE, Wilmington Ms. Kelly Williams, NCDCM, Raleigh Mr. John Hennessy, NCDWQ, Raleigh Mr. David Cox, NCWRC, Northside Mr. Tom McCartney, U.SFWS, Raleigh Mr. Ron Sechler, NMFS, Morehead City Mr. Mike Street, NCDMF, Morehead City Field Investigation Information �S x // z,Pi8A 1. Applicant's Name: Agents name: 2. Location of Project site: Photo Index - State plane coordinates x: y: 3. Investigation type: Ma,39r- 4. Investigative Procedure: Date of site visit - /ar/co/ Was applicant present - A10 Name — T_ Q 5. Processing procedure: Date application receiv d — / //u/ f �l Office: Kta"L 6. Site Description: County: Cad �-Ye I Community: C2cQa✓ Principal uses of surrounding land: Co,w� e vc ti �� O� ��i' `�a k Sov Uc� Water bodies (with widths and depths): wC_Lie Ce k� oe✓ C�-/Ood _2 Are they coastal waters? Ye S Buffer Rules? /J'e // Drains to: Bojc4-Co,,.d( f6c� Watershed: 00 }� Soil description in area: W Local land use plan — *J' Land classification from LUP AEC's Involved PT/ C S, CGu� U-) Water dependent )�s Intended use -r -aA5 Waste water Treatment Existing rV Waste water Treatment Planned AM Type structures existing , K C Type structures planned C, W r if T +450 Annual rate of erosion NA 03/01/99 1 e[ 1 STATE PROJECT: 6.169005T 61nR (f $527.Uo N Cp�OUHA I I. D. NO.: R-2105WH pp ii s Neal Eslax Q / 7 Excise raI I 1 D ZS/ �1%10 / 1 PARCEL NO 905 1 Exeiae Tax 05a�'•OO I Recording Tim Book and Page Tax Lot No. Parcel Identifier No. 33b41(p349413 Verified by County on the day of , 19 � �id4 e .�aL/'a�. /iit Nail after recording to Albert E. Joyner, Division Right of Nay Agent NC Depaxtment of Transportation 105 Eastbrobk Drive, Greenville, NC 27050 This instrument was prepared by Hert M. NhiYehurat, Ai ht of Nay Agent _ NC Department of Tranep t L•i Brief description fox the Index: Property described in Deed Book 217 Page 121 Carteret County Registry. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this / day of�, 19_H, by and between GRANTOR I GRANTEE I JOHN R. JONES AND WIFE I DEPARTMENT OF TRANSPORTATION, I LOIS B. JONES I AN AGENCY OF THE STATE OF NORTH CAROLINA I 1019 CEDAR POINT BLVD. I 105 EASTBROOH DRIVE I SWANSBORO, NC 29584 I GREENVILLE, NC 27859 I Enter in appropriate block for each party: n"me,'address, and, if appropriate, character of entity e.q, corporation or partnezahip. The deaignation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter an required by context. WITNESSETH, that the Grantor, for a valuable consideration of ✓!,16 J, 300.f0 paid by the Grantee, the receipt of which in hereby acknowledged, has and by these presents doe" grant, bargain, sell and convey unto the Grantee in fee ainple, all that certain lot or parcel of land situated WHITEOAKTownship, CARTERET County, North Carolina and more particularly described as follows: BEGINNING at a point, said point being the northwest comes of the of the present Wethington Lot No. 193 according to a map of the Ceder Point Subdivision by Phillip K. Ball in June 1936, and running thence North 56 degrees-17fEast 940 feet to a point, thence North 33 degrees-438West to the main channel of White Oak River and with the main channel of White Oak River in a southwesterly direction to the State Highway bridge right of way and thence South 33 degrees-43' East with the State right of way to the point of beginning and including Lots No. 191 and 192 of the John S. Jones Subdivision. The above lands are part of a conveyance of lands made by the Absolute Lord Proprieto4" to Captain Thomas Lee, by instrument dated, January 21n`, 1713, the n Said Thomas Lee being an ancestor of the present grantor. The original grant �C being recorded in both Craven County Registry, and the Carteret County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in .I)_f6b ROOM 1:'7 IA6C- /1/ 0.41c7-EQE7 ruvnny AFC/17Rg NC Bar Assoc. Form No. 3 1976 . sap showing the above described property is recorded in Plat Book 1 , page 113 . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenance, thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is -sized of the premines in fee simple, has the right to convey the ease in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant anddefend the title against the lawful claim- of -11 persons whomsoever except for the exception. hereinafter stated. Title to the property hereinabove described is nobject to the following exceptions. None IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer. and its anal to be hereunto affixed by authority of its Board of Directors, the day and year. first above written. I? - (SEAL) JOHN R. JOHE�9�% (SEAL) LOIS B. JONES (SEAL) SEAL -STAMP NORTH CAROLINA COUNTY OF Notary Public of said county do hereby {'"`mil •`"bi,ri certify that John R. Jones and wife, Lois B. Jones GRANTOR, personally appeared before me this day and acknowledged the execution of i'.��', the foregoing instrument. Witness my hand and official stamp or noel, '•� this�day of '.:si/�-�i!- ;Y�:,:•Y My Commission expires: .i... .... p+'`; d,.. .: ,D•U-3D-1Li7I NOTARY ,PUBLIC �G=-- 'he foregoing Certificate(s; _n/are certified to be corm =he data and time_and in thr Post -it -Fax Note 7671 Datei/ pages To 0,��_F From /Z/ Jar / rr., Co./Dept. 0z % Co. ilC ) Phone # Phone # Fax # Fax # rr�ns Foram o o.rw owm� O .C. Has Assoc. Form No. 3 1976 oommm � AO 9 „fJ 'r N\nM NORTH CAROLINA, CARTERET COUNTY JrFC The foregoing certificates) of Notary Public(s) is/are certified to be correct. This Instrument and this certificate are duly registered at the dale and time .am e and in the Book and Page shown on the first page hereof, m Arih;r,R i er (Deeds -iR w 1 vey e �0o m .- —elanie o nAsour..esns ma moo 0 om �..m onN NON 9 ! at by 7 ANA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., S kreta� q� August 8, 2002 V. Charles Bruton Project Development and Environmental Analysis N.C. Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Bruton: As discussed at the March 2002 annual mitigation monitoring report meeting, the N.C. Division of Coastal Management (DCM) concurs with the N.C. Department of Transportation's (DOT'S) request to close out the following mitigation site: • Bogue Sound (Weeks Property) Mitigation Site, Carteret County. This site provides mitigation for the following NCDOT projects: (1) TIP No. R-2105AA, CAMA Permit No. 52-00; (2) TIP No. R-2105AB, CAMA Permit No. 146-96; (3) TIP No. B-1098, CAMA Permit No. 21-92; (4) Bridge No. 86 over Culley Creek on SR 1316, CAMA Permit No. 38-95; and (5) Bridge No. 3 over Back Creek on SR 1300, CAMA Permit No. 133-95. DCM is pleased that this site has met its goals and success criteria. We appreciate DOT'S attention to DCM's comments and suggestions during the phases of planning, implementation and monitoring. Sincerely, Doug Huggett Major Permits and Consistency Coordinator CC: Mike Bell, USACE Scott McLendon, USACE Randy Griffin, NCDOT Kelly Williams, DCM John Hennessy, DWQ Tere Barrett, DCM 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: httpJ/dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10°A Post Consumer Paper FEB, -12' 02 (TUE) 11:48 UEHNR COSTAL MGM'I' I11ba I17 IJJ, 147J „ V V. Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Frivironmental Concern pursuant to NCGS 113A-118 % Excavation and/or filling pursuant to NCGS 113.229 Permit Number 19.02 Issued to N.C. Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1549 Authorizing development in�C 1Te1et County at Adj_Wbite Oak River, at the northeast corner of the bridge from Cedar Point to Swansboro as requested in the permittee's application dot^a 9/7/01_;nel,kupplernintal letter dated 11/20/01 and the attached workalan drawings (7): 5 dated as received on 9/28/01. and 2 dated 11/19/01. This permit, issued on ZItZ102 is subject to compliance with the application (where consistent with the permit), ell applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. :Cedar Point Mitigation Site 1) This permit does not conveyor imply approval of the suitability of this property for compensatory wetland mitigation for any particular project. The use of any portion of this site as compensatory mitigation for future projects will be determined on a case -by -case basis during the CAMA permit review and consistency process, .2) The permittee shall conduct a wetland delineation to determine the amount of low marsh and the amount of high marsh currently on the site prior to the initiation of construction and once again after the site has achieved its hydrologic and vegetative success criteria. The results of these wetland delineations shall be submitted to DCM for approval. '(See attached sheets for Additional Conditions) This permit action may be appealed by the perminee or Signed by the authority of the Secretary of DBNR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. data. An appeal requires resolution prior to work initiation or continuance as the case may be. _ This permit must be accessible on -site to Department personnel when the project is inspected for compliance, Any maintenance work or project modification not covered hereunder requires further Division approval. All work must case when the permit expires on December 31, 2005 In issuing this permit, the State of North Carolina agrees that your projeet is consistent with the North Caroline Coastal Managenrwtt Program. Division of Coastal Management This permit and Its conditions are hereby 600eptad. Sigriatrue of Permittee (- FFT, -12' 02 (TUE) 11:48 ➢EHNR COSTAL MGMT TEL:919 733 1495 P. 003 Page 2 of 4 ADDITIONAL CONDITIONS 3) Mitigation or other remedial actions may be required for permanent impacts to coastal wetlands if the mitigation site fails to meet its hydrologic and vegetative success criteria within 5 years of project construction. 4) Mitigation or other remedial actions may be required for temporarllyimpacted coastal wetlands that have not reattained jurisdictional wetland status within 3 years of project construction. 5) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum extent practicable. Mats will be used when crossing wetlands to minimize temporary wetland impacts. NOTE: The N.C. Division of Coastal Management (DCM) will not require mitigation for the approximately .237 acres of shallow bottom'habitat.that is being filled to construct the project 6) The temporary placement.or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. This condition also applies to removal of the existing breakwater. 7) No excavation of shallow water bottom or any wetlands is authorized by this permit, except as depicted on the attached workplan drawings, 8) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters, outside of the areas indicated on the attached workplan drawings. 9) All fill material must be clean and free of any pollutants, except in trace quantities. 10) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded vegetated wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters, except for those areas where the excavated materials will be used as substrate for marsh restoration as described in the attached permit application. Construction of the tidal channel 11) Adequate measures shall be taken to prevent short term and long term erosion of the side slopes of the tidal channel. 12) The tidal channel bank will be at approximately 1.0 feet elevation, and the bottom of the tidal channel will be at approximately 0.00 feet elevation. Excavation of the tidal channel shall notaxceed approximately 0.00 elevation. Construction of the Breakwater Structure 13) The existing deteriorating offshore breakwater fill shall be removed in its entirety, including the associated manmade debris (wood, tires, fiberglass panels and concrete rubble.) 14) The authorized alignment of the proposed breakwater structure must be staked by a representative of DCM within a maximum of 30 days prior to the start of any construction. 15) The new breakwater structure must be completely constructed prior to the commencement of excavation and grading behind the breakwater. FEZ,-12'02(TUE) 11:49 DEHNR COSTAL MGMT TEL:919 733 1495 P.004 Page 3 of 4 ADDITIONAL CONDITIONS 16) No backfill of the breakwater or any other filling of wetlands, estuarine waters or public trust areas is authorized by this permit, except as depicted on the attached workplan drawings. 17) The height of the permitted breakwater shall not exceed six inches above mean high water or the normal water level. 19) Placement of the rock breakwater shall be limited to the areas as depicted on the attached workplan drawings, The breakwater rock must be clean and free froin loose dirt or any pollutant except in trace quantities. It must be of a size sufficient to prevent its movement from the site by wave or current action. 19) The breakwater shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above mean high water. 20) The permittee shall maintain the breakwater in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structure shall be removed within 90 days of notification from DCM. NOTE: The permittee and/or his contractor is strongly encouraged to contact a representative of the North Carolina Coastal Federation at (252) 393-8185 to discuss the breakwater structure design ,prior to project initiation. Sedimentation and Erosion Control 21) This project is in a High Quality Water Zone and must comply with the Design Standards in Sensitive Watersheds, 15A NCAC 4B .0124, 22) This project must conform to all requirements of the NC Sedimentation P6Hudon Control Act and NC DOT's Memorandum of Agreement with the DIvision of Land Resources. 23) Immediately prior to the initiation of construction, the permittee shall install turbidity curtains in the water area immediately adjacent to the mitigation site, including the existing and proposed breakwater structure. The turbidity curtains are to be properly maintained and retained in the water until construction is complete. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 24) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 25) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion awales or berms, sand fence, etc,). Use of Cedar Point Mitigation 91te as mitieation for future project impacts 26) The final mitigation credits generated at this site will be determined by the difference between the results of the pre and post -construction wetland delineations required by Condition No. 2 of this CAMA Permit- I FEji. -12' 02 (TUE) 11 :49 DEHNR COSTAL MGMT TEL:919 733 1495 P. 005 apartment a Trane�p rtatlon Pormlt 1i19-02 Page 4 of 4 ADDITIONAL CONDITIONS 27) If thissite is to be used as mitigation for future project impacts, written concurrence must be obtained from DCM, the N.C. Division of Water Quality (DWQ), the N.C. Division of Marine Fisheries (DMF) and the N.C. Wildlife Resources Commission (WRC) that post -construction monitoring demonstrates that hydrologic and vegetative success criteria have been met. Although annual monitoring reports to DCM, DWQ, DMF and WRC will not be required, hydrologic and vegetative monitoring data shall be made available to review agencies at such time as the site is proposed for use as mitigation. NOTE: Mitigation credit for marsh restoration will not be allowed for the footprint of the new - breakwater structure. NOTE: If this site is to be used as mitigation for future project impacts, the permittee should revise the Cedar Point Mitigation Site Final Mitigation Planning Report currently dated November 2000. The revised report should include the final approved site plan as described in the permit application package dated 9/7/Ol, including the supplemental letter dated 11120/01, and the attached workplan drawings (7): 5 dated as received on 9/28/01, and 2 dated 11/19/01. The Cedar point mitigation site final Mitigation Planning Report should also be revised to Include any conditions of this CAMA permit and should also include an as -built report. If this site is to be used as mitigation for future project impacts, the entire mitigation site of approximately 14.34 acres covered by this permit shall be protected in perpetuity in its restored state according to the approved final mitigation plan and shall be owned by the pormittee or Its Approved designee. An appropriate conservation easement, deed restriction or other appropriate instrument shall be attached to the title for the subject property and a copy of such provided to ACM. NOTE: It is strongly recommended that the perinittee monitor reference areas or biological benchmarks concurrently with the mitigation area in order to provide adequate data to determine success. General 28) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters adjacent to the authorized work. The permitted activity must not interfere with the public's right to free navigation on, all navigable waters of the United States. 29) The authorized activity will not cause an unacceptable interference with navigation. 30) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 01-1850), which was issued on 1/14/02. Any violation of this General Water Quality Certification will be considered a violation of this CAMA permit. MOM This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required: NOTEt The U.S. Army Corps of Fsngineers (Corps) authorized the proposed project under Nationwide Permit No. 27 (Action ID Number 200100396) which was issued on 1/29/02, NOTE: The permittee is encouraged to contact the Public health Pest Management Section at (919) 733- 6407 to discuss mosquito control measures. Re: G-Mar Point, confirmation of delineation Subject: Re: Cedar Point, confirmation of delineation Date: Fri, 29 Mar 2002 09:28:09 -0500 From: Bill Arrington <bill.arrington@ncmail.net> To: Phillip Todd <ptodd@dot.state.nc.us> Hi Phillip, Thanks for meeting with me last week. Your maps of the wetlands look good. I concurr that the wetland delineation is correct. Thanks for getting it done before work on the mitigation site began. I think these maps will save future communication. Have a good Easter weekend, Bill Phillip Todd wrote: >Bill: >1 wanted to write and affirm what we discussed last Fri, March 22 >at Cedar Point. The delineation located using GPS looked good, >and DCM is okay with the delineation. >Thanks. >Phillip 1 of 1 4/12/02 1:28 Fax:919-733-9794 Mar 4 '02 16:10 P.03 L�UAK tJUIIN -4 = IMI I I.UN .i.iwry 31. i DELINEATION 2/15/02 I 4 OPEN WATER ro r CEDAR POINT MITIGATION SITE (R-2105WM) Figure 3: All Areas Disturbed By Construction b1 , 2�po °Y ti MHW Line Area Disturbed .r (2.5' Elevati ;° Below MHW JOHN. N. 6 •: ••, .0 LOTS S. JONES Area Disturbed R : '• ' , , Below MHW o r O........ °. ' �°CM1' ! NO OIOLEY Y♦ b �q l3♦, ^' I ° .. '9 _.. ._ ✓ _ Aron Me+I Inc�� MOW Owl I ago •ate 11�11111�_�� • • • • • 1 CEDAR POINT MITIGATION SITE (R-2105WM) Figure 2: Proposed Condition-c ,k _ cF'1b .1 w, a" o y\\ e ., { ,•Area Disturbed `'• j Below MHW • b ph/ / `O by, MHW Line a N/P b 'Y (2.5' Elevation) LOS B.JONE5 o 411, . ^b 4s ep1 Area Disturbed — Below MHW N. B. (� l UDL DBOLEY -14 • :/ a ._mob• �5 R•- .. .r. _-. , _. -, - , _ - a - - - - -1J� HWYORAPK SCALE 2q N N N b 4 O O EXIST. EDGE Of PwENENi i VIe� �` tasf 80' o� e �� eGt w ' eX i ti YUa+�ik f SNcEI low ek CEDAR POINT MITIGATION SITE (R-2 1O5WM) Figure 3: All Areas Disturbed By Conction lb 40 \ y` ^1 b�•' , "Area:' Disturbed a a •' Below MHW b`','•'' MHW Line M1� N/F /1 / JOHN. R. 6 \c (2.5' Elevation / LOIS B. JONES 61 I • 1\ p aM1 is ��i �� �1•• �, x o.. d,4.,Y,. ,041 1 k i •1 O l " y° �b g bb 0 0 ZQ ro ©u J Z Area Disturbed Below MHW 34 '�N 33 m N/F JOHN. R. DODLEY Area Disturbed Above MHW RbOYO III 2 r `-`-immr ---------- - -------1' t� a....--"""-"N� HWY 2�4 EXIST. EDGE OF PAVEMENT C n tru Lion Imit5 (Tie to Ci9sginq ri/or sn on Thls Side) C nstructl n Limits (Eage of BreoC or S�ruOurs, on This Slaei Area Disturbed Below MHW CRAPWC SCALE CEDAR POINT MITIGATION SITE (R-2105WM) BREAKWATER STRUCTURE AREA Figure 3: All Areos Disturbed by Construction Breoe.ad IIrdlKNre Area Disturbed Below MHW Note: See table for coordinates of It Elev. = 2.5' Elev. = 0.35' Elev. _ - I. 15'— Class 1 Rlprop It Backfill Filter Fabric E Existing Elev. = T. 1' Existing Crossection (Approximate,at T-6) 1.0' Elev. = 2.0' CEDAR POINT MITIGATION SITE Breakwater Structure Match existing , wetland elevotion (R-2 105WM) (Typical) (foot to Scale) CEDAR POINT MITIGATION SITE (R-2105WM) BREAKWATER STRUCTURE AREA Figure 2: Proposed Conditions _e �r ii —����0�- � � i=mod► C nstructlI Llmits (Edge of Or ,ter S�runcture on This Side) Area Dlsfurbed Below MHW 11 Match (py}ytr Is 4Mt lH al b•/iwly SNucIV• MI • I SeSg1ASM0 II1Il?S1Ii FAIeSM." 3 756463M INISIAIN Ag MIU1. IS 156"All) ) 756r"0 SIM" 7il"m *m 11 7AlIp IM SM4.Ig0 YW IS M ) 7SSMUSM MGStl00 r4ofel<;�t.13W (060 z� IS 3 CEDAR POINT MITIGATION SITE (R-2105WM) BREAKWATER STRUCTURE AREA Figure I: Existing Conditions Match Use ------------- / Ca9n ruraornsn"O'n nis loelcne - - A -- i , =4"Elevoionl (Edge of BreoQcw ConsiructiatarSg ructulr'e on This Side) GRAPHIC SCALE .� . A-� ' N 3 NCDOT/P&E BRANCH Fax:919-733-9794 Mar 4 '02 16:09 STATE OF NORTH CAROLINA DFPA RTMENT OF TRANSPORTATION F. EASLEY AX: EQVER. S'HEE P. 01 LYkW TWPErr SECAETAtY PROJECT DEVE [?PMENT-&.IRONMENTAL ANALYSIS ORANCH ATE: fTTM12FL2 rAT.T.TT*1r. TI1MER OF PAGES: I 3: lease Deliver the Following F>ages'to Name: Department orWitin ' ,':.. Address or Room NupTile'r.:. . his fax being sent by: j Name: Phone Number: q lq' 3 3I NOTES. ' rPOL Mai• .,.4'`l . : N ;2 3o�a1, . TwpmdNEi AW733.3141 LOCAT": MAIUNG ADDRESS: FAY:^9/9L7319784 TRANmRTATION WLDINO. NC DEP/ZTMENT OFTNANSCNTATICN ,. 1 S0yTMW6LUNGTCNSTAW PPPIlLTCII LOPMCMTN+6EnY1RONMCMIKAIWT 6 . Fl m m T6eE Mai sewca C6NTE11 I Maws, www.170N.D6rsrAIE.NC.W RALEIOM NC 27699.1648 Re: Cedar Point, meeting permit condition #2 Subject: Re: Cedar Point, meeting permit condition #2 Date: Mon, 25 Feb 2002 16:34:48 -0500 From: Bifl Arrington <Bill.Arrington@ncmail.net> Organization: NC DENR DCM To: Phillip Todd <ptodd@dot.state.nc.us> Phillip, I returned to the office today and received your e-mail. I'm sorry I couldn't get back to you sooner. It sounds like you have the data you need to establish the existing Coastal Marsh areas. We will not require this to be submitted at this time. It will be needed in the future when you request mitigation credits for coastal marsh. At that time we will use this info. to compare with the marsh at the site, to determine the net gain of coastal marsh. Please call if you have any othef concerns or questions. If I am not in the office you can contact me on my cell -phone at 252-528-0019. Thanks, Bill Phillip Todd wrote: > I delineated the site last Fri afternoon (Feb 15). I GPSed the > coordinates; in what format should the data be presented to DCM? > Please advise about how NCDOT can meet this permit condition > without, several interations. Thanks. 1 of 1 2/26/02 9:03 AM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 200100396 TIP No. R-2105WM State Project No. County: Onslow GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: North Carolina Department of Transportation (NCDOT) Address: William D. Gilmore, P.E., Manager j Project Development and Environmental Analysis �I�j II 1548 Mail Service Center I,1 Raleigh, North Carolina 27699-1548 I 1 FEB 1 2002 Telephone Number: (910) 733-7844, extension 307 Size and Location of project (waterway, road name/number, town, etc.): On the northeast side of , iC 24, at the south end of the bridge crossing the White Oak River, Swansboro, Onslow County, North Carolina. Description of Activity: Construction of the Cedar Point Mitigation Site as described in NCDOT letter dated November 9, 2000 and "Final Mitigation Planning Report" dated November 2000 and NCDOT letter dated November 20, 2001 permanently impacting 0.06 ac of wetlands (smooth cordgrass (Spartina alterniflora)) and converson of existing 0.018 acres of existing marsh (Spartina altemiflora) to open water. Construction of the Cedar Point Mitigation Site will result in a net total of 0.78 (after compensatory mitigation) ac of restored coastal marsh including 0.36 ac of smooth cordgrass (Spartina altemiflora) and 0.42 ac of sahmeadow (Spartina patens). This verification supercedes the April 12, 2001 verification for this project. Applicable Law: 2 Section 404 (Clean Water Act, 33 U.S.C. 1344) Section 10 (River and Harbor Act of 1899) Authorization: 27 Nationwide Permit Number _Regional General Permit Number Your work is authorized by this Regional General (kGP) or Nationwide (NWP) Permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you roust also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you roust contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or NWP referenced above may subject the permittee,to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The pemmittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact please contact Dave Timpy at tel hone number (910) 251-4634. Date January 29, 2002 ;4 Corps Regulatory Official Telephone No. (910) 251.4634 Expiration Date of Verification March 18, 2002 Note: When the nationwide permit authorization expires. activities which have commenced or are tinder contract to commence in reliance upon the nationwide permit will remain authorized This is nrovided the activity is completed within twelve months of the date of the nationwide permies exiairation, modification or revocation. C=`, FHWA, NCDENR-Division of Water Quality, NMFS, NCWRC, NCDOT Division 6. JA cs B. HuNT JR. GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION November 9, 2000 Department of Environment, and Natural Resources Division of Coastal Management Hestron Plaza II, 151 B, Highway 24 Morehead City, North Carolina 28557 Attention: Ms. Tere Barrett DEC 0 7 2000 DAVID MCCOY SECRETARY Subject: Onslow and Carteret Counties, Construction of Swansboro and Cedar Point Mitigation Sites, TIP No. R-2105WM. Dear Ms. Barrett: The North Carolina Department of Transportation (NCDOT) proposes to construct the Swansboro and Cedar Point Mitigation Sites in Onslow and Carteret Counties. These two sites are located adjacent to NC 24. The NCDOT seeks authorization under a Coastal Area Management Act (CAMA) Major Development Permit to construct these two mitigation sites. The NCDOT believes that all questions related to the project have been resolved and desires to commence project construction as soon as possible. Project Purpose The NCDOT plans to construct these two marsh sites as "up front" compensatory mitigation for future transportation related projects to marsh and essential fish habitat in White Oak River Basin. Currently, there is no designated road project requiring compensatory mitigation generated by these projects. The NCDOT understands that there are "risks" involved in constructing these two mitigation sites since there are not any designated mitigation "needs" at this time. Project Description: Cedar Point Mitigation Site The Cedar Point Mitigation Site is located on the northeast side of NC 24, at the south end of the bridge crossing the White Oak River (Figure 1). The site totals 14.34 acres which includes an upland peninsula, 1.07 acres of upland adjacent to NC 24, and 12.92 acres of an existing tidal marsh community. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: 919-733-9794 TRANSPORTATION BUILDING 1548 MAIL SERVICE CENTER 1 SOUTH WWINGTON STREET RALEIGH NC 27599-1548 WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH, NC DEC 0 7 2000 The mitigation concept for this site focuses on maximizing the restor ti n of low marsh. The project design includes 1) excavating uplands to appropriate ele ti@f�'A AGEME establishment of low tidal marsh, 2) constructing a breakwater structure and BEHEAD channel to provide tidal exchange throughout the mitigation area and insure long-term success. Impacts to existing marsh have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.038 acre from conversion to open water, and 0.072 acre will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on -site (1:1 ratio), and does not intend to mitigate for areas impacted by hand clearing. The potential mitigation credit for future NCDOT projects totals 0.76 acre, or 0.38 acre of credit based on a 2:1 mitigation ratio. A final mitigation planning document has been attached to this letter and is dated November 2000. This document replaces the previously provided document dated July 2000. Figures 2, 3 and 4 of the final document are design plans for the mitigation site. Project Description: Swansboro Mitigation Site The Swansboro Mitigation Site is located on the White Oak River, just north of the intersection of Elm Street and NC 24. The site totals 0.63 acre that includes 0.16 acre of existing marsh fringing the high ground. The mitigation concept for this site focuses on maximizing the restoration of low marsh. The proposed design plan involves lowering the grade at the site to restore low and high marsh, constructing a channel through the site, and constructing a plunge pool at a stormwater outfall discharging from NC 24. Impacts to the existing marsh total 0.012 acre from the conversion of marsh to open water, and 0.028 acre impacted will be disturbed by hand clearing. This impact associated with conversion to open water will be "deducted" from mitigation credit generated by site construction; therefore, potential mitigation credit for future NCDOT projects totals 0.32 acre, or 0.16 acre of credit based on a 2:1 mitigation ratio. A final mitigation planning document has been attached to this letter and is dated November 2000. This document replaces the previously provided document dated July 2000. Figures 2 and 3 of the final document are design plans for the mitigation site. History of Mitigation Projects and Changes in Planning Reports In August 1999, the NCDOT provided conceptual mitigation planning reports dated July 1999 for comments to the following resources agencies: North Carolina Division of Coastal Management (NCDCM), U. S. Army Corps of Engineers (USACE), North Carolina Division of Water Quality (NCDWQ), North Carolina Wildlife Resources Commission (NCWRC), National Marine Fisheries Service (NMFS), U. S. Fish and Wildlife Service (UWFWS) and North Carolina Division of Marine Fisheries (NCDMF). CAMA Major Development Permit November 9, 2000 Swansboro/ Cedar Point Mitigation Sites Page 2 of 5 DEC 0 7 2000 In a letter dated September 2, 1999, NCDMF provided written response o ie conceptual mitigation planning reports dated July 1999. The NCDMF visited S L MANAGEME had no objection to the project. A copy of the letter is attached with this permit MOREHEAD application letter. In separate letters dated September 7, 1999, NCDCM provided two comments on the, Cedar Point Marsh Mitigation Site and Swansboro Mitigation Site, Concept Reports dated July 1999. These letters contained the same comments and are addressed together. The first comment involved the use of the term "creation" in the report and mitigation ratios. The term "creation" in the July 1999 was not used with respect to mitigation credits but referred to construction of the site. It is NCDOT" opinion that each site has been previously filled and considers each site to generate "restoration" credits. The terminology has been "correctly" applied in both final reports dated November 2000. The second comment dealt with monitoring hydrology. The report dated July 1999 stated that monitoring of hydrology would occur for one year. The NCDCM stated that this is not acceptable and recommended a minimum of three years. This comment has been incorporated into the final mitigation documents for both sites dated November 2000. Agency representatives from NCDOT, NCDCM, USACE, NCDWQ, NCWRC, USFWS and NMFS met at mitigation site on October 27, 1999. The mitigation concepts presented in the reports dated July 1999 were discussed. At Swansboro Mitigation Site, three changes have been made based on the site review. First, the forebay has been replaced with a plunge pool. This change has been noted in the final report for the site dated November 2000. The second change involves the open channel. The open channel in the July 1999 report proposed connecting the proposed forebay and White Oak River. In the final report dated November 2000, the open channel now extends through the mitigation site from White Oak River. Figure 2 of the report depicts the channel's location. The third change deals with the depth of the proposed open channel. Originally, the channel was to be 2 feet deep. The proposed channel is now 1 foot deep as depicted on Figure 2 of the November 2000 report. At Cedar Point Mitigation Site, two changes have been made. First, the proposed open channel is now 1 foot deep as opposed to 2 feet in the July 1999 document. This is depicted in Figure 2 of the November 2000 report. The second change involves the proposed construction of a breakwater. This breakwater would replace the existing peninsula that is currently being eroded and protects the existing marsh community to the east. Mr. Ron Sechler ofNMFS provided this suggestion at the October 1999 meeting. Literature from the Coastal Federation was obtained to design the breakwater. The NCDOT plans to construct the proposed CAMA Major Development Permit November 9, 2000 Swansboro/ Cedar Point Mitigation Sites Page 3 of 5 breakwater between the existing peninsula and White Oak River, to remove the existing peninsula and to plant low marsh after the peninsula is removed. The proposed construction of the breakwater has been included in the final report dated N n as text and depiction (Figure 3). M Mitigation Credits DEC 0 7 2000 These two mitigation sites together will generate 0.31 acre of low m sH)OASTAL Mi restoration credit (2:1 restoration credit ratio) and 0.23 acre of high marsh re MORE credit (2:1 restoration credit ratio). These totals include the amount deducted for conversion of open water from existing marsh during project construction. These credits will be applied to future impacts to marsh and EFH. Table 1 summarizes mitigation credits per mitigation community type at Cedar Point Mitigation Site. Table 1. Summary of Mitigation at Cedar Point Mitigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alternii fora 0.34 acre* 0.17 acre* High Marsh Restore S. patens 0.42 acre 0.21 acre Totals 0.76 acre* 0.38 acre* "*" indicates that 0.038 acre (at 1:1 ratio) of low marsh has been subtracted from this total to compensate for construction related impacts to existing marsh community. Table 2 summarizes mitigation credits per mitigation community type at Swansboro Mitigation Site. Table 2. Summary of Mitigation at Swansboro Mitigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alterniflora 0.28 acre* 0.14 acre* High Marsh Restore S. patens 0.04 acre 0.02 acre Totals 0.32 acre* 0.16 acre* "*" indicates that 0.012`acre (at 1:1 ratio) of low marsh has been debited from this total to compensate for construction related impacts to existing marsh community. Summary of Permit Application The NCDOT proposes to construct these two mitigation sites under a single CAMA Major Development Permit. The pertinent CAMA applications forms (MP-1, MP-2 and MP-6) and permit drawings for both proposed marsh mitigation sites are attached to this cover letter as well as the fee for processing the permit application. The NCDOT will forward certification forms that it has contacted adjacent property owners of this project's actions. Application is also made for 401 Water Quality Certification from NCDWQ. The NCDOT believes that a Section 404 General Permit 291 is applicable for constructing these mitigation sites. Application is therefore made this permit too. CAMA Major Development Permit November 9, 2000 Swansboro/ Cedar Point Mitigation Sites Page 4 of Final mitigation planning documents for Cedar Point Mitigation Site and Swansboro Mitigation Site (dated November 2000) are attached to this CAMA Major Development permit application. Design plans for the sites have been included; Figures 2, 3 and 4 for Cedar Point and Figures 2 and 3 for Swansboro. These do the reports dated July 1999 and include comments from resource agencierD n this cover letter. C 0 7 2000 These two mitigation sites together will generate 0.31 acre of low m sh restoration credit (2:1 restoration credit ratio) and 0.23 acre of high mars r N �+A credit (2:1 restoration credit ratio). These totals include the amount deduc e conversion of open water from existing marsh during project construction. These credits will be applied to future impacts to marsh and EFH. Thank you for your assistance in processing this permit application. We believe that all issues have been resolved and hope to begin construction of this project soon. If you have questions or need additional information, please contact Mr. Phillip Todd at (919) 733-7844, Extension 314. Sincerely, W. D. Gilmore, P. E., Manager GGGG Project Development and Environmental Analysis Branch cc: Mr. David Franklin, USACE, Wilmington Mr. Dave Timpy, USACE, Wilmington Ms. Kelly Williams, NCDCM, Raleigh Mr. John Hennessy, NCDWQ, Raleigh Mr. David Cox, NCWRC, Northside Mr. Tom McCartney, USFWS, Raleigh Mr. Ron Sechler, NMFS, Morehead City Mr. Mike Street, NCDMF, Morehead City CAMA Major Development Permit November 9, 2000 Swansboro/ Cedar Point Mitigation Sites Page 5 of 5 Form DCM-M1'-1 APPLICATIONRr"adFH„a: t (To be completed by all applicants) EC 0 7 Z000 ASTAL MANAGEMENT b. City, town, community o EHEAD 1. APPLICANT c. Street address or secondary road number tx, a* a. Landowner: Name N.C• �cT�tNr cF 1¢ar.tYotJrpTi d• Is proposed work within city limits or planning jurisdiction? Y Yes No Address t5v(e t4kL+ CINML e. Name of body of water nearest project (e.g. river, City VNt-ti'4.44- State T4Cd creek, sound, bay) WVA'M OI%L Q,hie2- Zipa-+�M'I"SbayPhoneC119):'33 31*1 Fax b. Authorized Agent: Name Address City Zip Day Phone Fax State c. Project name (if any) �"atoSW M No7E perndt wiR be issued in name of k dow (t), and/or project name. 1. LOCATION OF PROPOSED PROJECT a. County 0�1SbGW 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. CANgtWLr wri&ATVoW SVM-q b. Is the proposed activity maintenance of an existing project, new work, or both? NEW t%*ZK• c. Will the project be for public, private or commercial use? G d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. C WSrrWCC w►hi a.s ►J %i -MS V'ot-. Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS SA"Scr o a. Size of entire tract CfewL Sgc4%3r b. Size of individual lot(s) tO/A c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract e. Vegetation on tract ecwa ga". &Z-AWSS f. Man-made features now on tract WOT, g. What is the CAMA Land Use Plan land classification of the site? (womb the tonal land use p1mi ) Conservation Developed Rural _ X Transitional Community Other h. How is the tract zoned by local government? I�cStp4wlttQV � C.AMMRlt-GiAt. i. Is the proposed project consistent with the applicable zoning? Yes X No (Anach zoning wor4ance crnifinue, ifappUcable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? veer -rW tt E-aQT 16y w�ccssr gQr�eAot,eG:tiT k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? 2 Yes _ No Coastal (marsh) X Other If yes, has a delineation been conducted? (Annch docamenta+ian, if available) m. Describe existing vlastE w6my"Mmlitles. NIA n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) :FQLV CT. Raft AVOW 4L4444i1 &L AW SAXV4%00ge SAt o. Describe existing drinking water supply source. WA 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I1" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name eceeer A. tA%&tcu3S Address Qto 0=AP46*S SVZMr Phone $2AUFQ'r', ►JC- Q85110 Name C r4 GF &Obt,& i0e¢ 0 Tcu*J tkw Address P.Q. t k. 3taS Phone GWA"Selc o IN(, Q85B/,� Name -�Cytto W. G �s_ _ Address T'D bJ Phone�• • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. DEC 0 7 2000 6. CERTIFICA TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained iz the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the _3� day of 1*4 , 1#12na Print Name \iJiu.i hm t> • 6-1i�,Qm p' F Signature 'Y / C, ../�/, I,., %)' �1,-_e t�da r or Authorized Ag ' M� Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development X DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. D-..:--A All" Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding Shoreline Stabilization) Average Fbw Existing Project t . , NINE MIMMIN MEMO NONE soon OEC 0 7 2000 1. EXCAVATION a. Amount of material to be exca(vateti from below MHW or NWL in cubic yards' �b b. Type of material to be excavated 6011 Fiv My'at- c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _Yes o d. Highground excavation in cubic yaz s b1'k5} 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N)A b. Dimensions of disposal area NIA c. Do you claim title to disposal area? N/A Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No 01 A, If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes C No f. Does the disposal include any area in the water? Yes _) No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead X Rpprap b. Length L490 r c. Average distance waterward of MHW or NWL 'ZK_/ d. Maximum distance waterward of MHW or NWL LK--/ - e. Shoreline erosion during preceding 12 months (Source of infornsation) f. Type of bulkhead or riprap material **" _ Qip eAr rgft. %egACLUANTIL tMAXX*JQ% g. Amount of fill in cubic yards to be placed below water level (1) Rpprap L420 (2) Bulkhead backfill h. Type of fill material Ct-"Z = Ellt t'04E' i. Source of fill material talA 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes is No DEC 0 7 2000 If yes, (1) Amount of at water - h (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? �eSiC�^I Cytt�-Ai FwptiNtz�ti bx y wrr, etisonC PM L4ehlil 11vC U.W1raV;3VLp S b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr5ssed in transporting equipment to project site? —Yes No If yes, explain steps that will be taken to lessen environmental impacts. y�-a�otwt�. 'Y• !,-- t I, l �It 11. I)• �ri ln+dzQ Signature ///9/Z0" Date Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) - ON (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width (5) Finger Piers —Yes _ No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes —No (i) Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) — t4/4 (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) — NIA (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length 490' (2) Average distance from MHW, NWL or wetlands 3S (3) Maximum distance beyond MHW, NWL or wetlands 'ts' e. Mooring buoys — NIP (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body - Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number N /A (3) Length / (4) Width g. Other (Give complete description) Z akas-wM Applicant or Project Name signature 11 /9 /2ano Date ae.t%ed 03/9s � o J i i F;GOASTAL C Oil 2000 r.J \ 30 =3 \a�,`�•7J'J 'Pt A EADMOA HEAD _- 2, as ��- 1 n• it Saj �I141 J ti u (p�f � It:• l • , r �� • \ I Isla 4k �.. II la �L •� Swar,a / k� I -. ti.\ :Swansboro M I /it -Lights Daybeacan 6j r; a Do(SA 7J . O• � � � � - er , hT . it 9y r U \ Oq Pa e J� �� � vcYY�L'rP'`�S �'l -� `OTq l •i �� • _ - � ( light �L _ - } *` c+ SOURCE: USGS SWANSBORO & HUBERT, NORTH CAROLINA 7.5 MINUTE QUADRANGLE. SCALE: Y=2000' p¢o5bm * NwtNt sse- aob CEbPp (biw}T A FA►1MMf•&@000 pget.. bNi!Lr 1�Q,du�N(71 Mtr� 6� S'11ri4 1 OP S ISIONS I 1pw)zcT zxoS wr-,\ vur", T SrtgkT JL of LIMITS OF GRADING roll, CITY OF SWANSBORO ANNEL AND DITCH CENTERLINE P.nnRDINATES EASTING STATION 1.227.93 2,565,354.33 10+0u 1.210.75 ' 1 0 . 7 5 2,565,439.93 10+5 f. 31 #RTHING P.219.78 2,565,464.46 11+14.83 &0+89. r.247.39 2,565,486.26 11+52.00 :5 7,177.43 2,565,482.42 1 0�u 7.18 .86 2,565.48 .33 10+08.10 ?.263.01 2.565.5606.23 1 46 OR PR%�JNTE 11 A DOE OF EXISTING MARSH EIP 94 1A Zl EXIST. MARSH NC GRID NAD 83 N/Fti HAROLD E. & Co ��Ra JOAN E.PROFQLE H ................ .. . ........... 4 ... .. ........ ... . ....... CONTRACTOR SHALL NOI A� HEAVY MACHINERY IN I Elp ... ... INCLUDING MINOR GRAI '6 DEBRIS, SHALL BE PEF 0., CONTRACTOR SHALL AV( TO EXISTING WETLAND! COORDINATE CONNECTII ENGII e6 AS DIRECTED BY % EL- 6.26' N/F ANTHONY JOSEPH z KOWALSKI DI 0. CD 4= WRota 00 See rode tmr W coorUlnoba oil ;--... O.......................... N :7 N.iNE�'i OYK. a ERIstAq ' N' r ZQ lepproRlmatsl ..I..i.) cmM ¢ p�'`n a..avxz5 BacktlN i Ebv.. 2A' w � \I Q O 6bv. • 0.]5'— `. - • Ida N e V Elev. _ -1. 15' Ratcn vets Cba6 l Rlp FRter FO 11. a Breakwater Structure (Typical) Not l o Scale TT" nb -ems� A? -CT r( 2 -a�oyye wr cc__ CEN>di. 1"O+NT �M Al�QNi O` 1`�ou£�]nL3E� mom SrM3 0� z z Q 1 �It Centerline of Structure WHI TE OA.K R I t/ER EBB FE- LOOp.-� GRAPHIC SCALE 1'=20' J�v - Str uPe )icaU o o I CeSttrucluref y1 WHI TE RI VER EBB - FL L pp0+ Pm�LGT � T�' No. E-�.ToSWM GRAPHIC SCALE 1'-20' CFAAQ, QO�Ni m%liGkwoN 20 — z0 a0 60 '�QM;-r 't)QAI.NNC� J,joj EAA.%X2. Z-Am Fsrm r 4 4x- "�- w•a`4 r 0 Ce terlir of Structure NOTE: CONTRACTOR SHALL NOT MOVE OR OPERATE ANY HEAVY MACHINERY IN THIS AREA. ALL WORK, INCLUDING MINOR GRADING AND REMOVAL OF DEBRIS. SHALL BE PERFORMED BY HAND. CONTRACTOR SHALL AVOID ANY DISTURBANCE TO EXISTING WETLANDS VEGETATION IN THIS AREA. COORDINATE CONNECTION TO EXISTING CONTOUR, AS DIRECTED BY THE ENGINEER. Coordinates for Center Line of Breakwater Structure Point N E Ti 344699.0700 2567563.1170 T2 344750.7350 25675OB269D T3 344787.67DO 2567616.9100 T4 344811.2740 2567632.5990 T5 344834.8770 25616482870 T6 344899.6690 2567692.4510 T7 344964.4610 25677 16.G 150 18 345092.7720 2567782.0420 19 345125.3000 2567801.8600 I Q r� D Z I EL,I DEC 0 1 2000 F/q State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Bill Holman, Secretary Preston P. Pate, Jr., Director 2 September 1999 MEMORANDUM TO: William D. Gilmore, NCDOT, P.E. Manager Planning and Environmental Branch N.C.Division of Highways P.O. Box 25201 Raleigh, NC 27611 1�r A �. NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCES DEC 0 7 2000 FROM: P.A. Wojciechowsk A - SUBJECT: MITIGATION PLANNING DOCUMENT FOR THE SWANSBORO AND CEDAR POINT MITIGATION SITES, TIP NO. R-2105 WM Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc p ik�dminlsbwverty P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Fniml rinnnrTnnih, A-.;-.• C....J....... cn.,---..-i-1, ., nni ---I ____- DEC 0 7 2000 TO: //J,ll�- IX 2-5 A4 DATE: 9 FROM: Z/" �! SUBJECT: All/Le, , ROwpGlVabeWnuWq �. ylilgq CEDAR POINT MITIGATION SITE FINAL MITIGATION PLANNING REPORT T.I.P. No. R-2105 WM DEC 0 6 2000 North Carolina Department of Transportation Project Development and Environmental Analysis Branch One South Wilmington Street, Post Office Box 25201 Raleigh, NC 27611 Issued: November 2000 1.0 INTRODUCTION & GOALS The North Carolina Department of Transportation (NCDOT) proposes to construct a low marsh compensatory mitigation site at Cedar Point, North Carolina. This site will be used as compensatory mitigation for future impacts to marsh communities and essential fish habitat in the White Oak River Basin. The Cedar Point Low Marsh Mitigation Site is located on the northeast side of NC 24, at the south end of the bridge crossing the White Oak River (Figure 1). The site totals 14.34 acres which includes an upland peninsula, 1.07 acres of upland adjacent to NC 24, and 12.92 acres of an existing tidal marsh community. The mitigation concept for this site focuses on maximizing the restoration of low marsh. Therefore, this project has been designed to include the following components; 1) excavating uplands to appropriate elevations for the establishment of low tidal marsh, 2) constructing a breakwater structure and 3) creating a channel to provide tidal —�•• throughout the mitigation area and insure long-term success. N 2.0 PROJECT APPROACH I I DEC 0 6 2000 The Cedar Point mitigation site has been designed to maximize restoration credit pf W marsh. Site design for the Cedar Point mitigation site considers the constraints im`p—os-eU by adjacent properties and the existing marsh. A channel has been designed to originate from an open -water location along the western site boundary, continue throughout the interior of the site and exit at an open -water location along the eastern property line. Existing on -site plant species or "biological benchmarks" were used to identify the vertical positioning of planting zones, while species selection for each zone is consistent with the flora found on or in the immediate vicinity of the site. Plan and cross sectional views of the Cedar Point site are included as Figures 2, 3, and 4. 3.0 EXISTING CONDITIONS/ELEVATIONS The existing 14.34 acre site consists of two community types; an upland area that is adjacent to NC 24 and includes the peninsula area, and approximately 12.92 acres of an existing tidal marsh with low and high marsh components. The existing upland portion of the site is dominated by early succession grasses and shrubs. The area adjacent to NC 24 appears to be irregularly maintained. Smooth cordgrass (Spartina alternii fora) dominates the existing marsh component of the site. Other plants that are part of this community include grasses and shrubs such as wax myrtle (Myrica cerifera). Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page I of 4 Existing site elevations range from 0.07 feet along the lower limits of the existing salt marsh to 7.00 feet +/- at the NC 24 right of way that occurs along the southern boundary of the site. The average existing site elevation is approximately 5.00 feet. Salinity data provided by NCDOT for the Cedar Point area indicates values which range from a low of 7 ppt to a high of 30 ppt. This broad range is most reflective of the local hurricane activity that occurred during the two months for which data was collected (August to September 1998). 4.0 BREAKWATER STRUCTURE The existing peninsula protects the existing marsh community from winds blowing across White Oak River. The peninsula will be replaced with a backwater structure. The structure will consist of Class I Rip Rap underlain with filer fabric. The location and a cross section of this structure can be found on Figure 3. 5.0 PROPOSED MITIGATION COMMUNITIES Two transects were used to established biological benchmarks. These transects extended from lowest to highest elevations within the existing marsh. Sample points were selected along each transect to represent the lower and upper boundary of the low and high marsh. Plant species were inventoried, and the elevation of each sample point was obtained by survey. The plant species and elevations selected for the marsh restoration effort resytgp from the use of the biological benchmarks. I� 5.1 Low Marsh DEC 0 6 2000 COASTAL MANAGEME Hydrology to the site will be provided by the construction of a channel through the s MOREHW The channel has been designed to originate from an open -water location along the western site boundary, continue throughout the interior of the site and exit at an open -water location along the eastern property line (Figure 2). The bottom of the channel has been set at an elevation of -0.65. Construction of this channel necessitates extending the channel through a small portion of the existing marsh. Impacts have been minimized by limiting grade work to hand removal. As a consequence, 0.038 acre of low marsh will be converted to open water, and 0.072 acre will be impacted by hand clearing. The area converted to open water will be mitigated for on -site. The low marsh component of the site, consisting of smooth cordgrass (Spartina alternii fora), will be planted within the elevation range of 0.35 to 1.20 feet. This planting will occur on both the seaward and landward sides of the channel (Figure 2), as well as to the northeast of the proposed breakwater (Figure 3). The low marsh restoration component totals 0.38 acre. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 2 of 4 5.2 High Emergent Marsh A high marsh area has been proposed above the low marsh areas. The proposed high marsh area extends on the landward side of the channel as a transition between the low marsh and upland. The proposed elevation of the high marsh component lies between an elevation 1.20 to 2.00 feet. Species planted within this community type include saltmeadow (Spartina patens). The high marsh restoration area totals 0.42 acre. 5.3 Upland Transition An upland transition area will be planted above the 2.0 elevation of the high emergent marsh. This zone will be located along NC 24 and the eastern property line. Two shrub species, marsh elder (Iva frutescens) and wax myrtle (Myrica cerifera), will be Bald cypress (Taxodium distichum) will be planted along NC 24. F � 6.0 MONITORING PROCEDURES DEC 0 6 2000 Emergent marsh vegetation will be monitored at randomly located sample plot4miing a software. The location of the sample plots in the field will be determined using realtime GPS. A minimum of ten 1.0 mz sample plots will be located in the planted areas. Vegetation at the site will be monitored for five years, or longer as necessary, following the completion of planting. Hydrologic monitoring protocols will involve the use of a surface water monitoring gauge located within the larger restored area of the site and a second gauge located in open water seaward of the existing marsh along the east side of the peninsula. Hydrologic data will be collected for three years after construction or until success criteria are met. 7.0 SUCCESS CRITERIA The success of the marsh creation project will be evaluated using the frequency and average percent cover of emergent herbaceous vegetation. The site will be considered a success if the calculated value for frequency is 0.5 and the calculated value for average percent cover is at least 80% by the end of the fifth growing season. Frequency will be determined by f--n./n,, where f-- frequency, n,= number of plots where emergent herbaceous vegetation occurs, and n,= total number of plots. Average percent cover will be determined by c=E�n, where c= average percent cover, E,= the sum of estimated foliar cover for all plots, and n= the total number of plots. If Phragmites appears in any monitoring period, in more than two sampling plots, then NCDOT will consult with the U. S. Army Corps of Engineers to develop potential control measures. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 3 of 4 The site will be considered hydrologically successful when the hydrology of the site is flooded twice daily with elevations and durations consistent with those outside the mitigation area. Success will be determined from data taken from surface water monitoring gauges located in the site. It is expected that the surface water (flooding) regime will be the same as that measured for the biological benchmarks for Spartina alternii fora, since the plant community's zonation reflects long term tidal fluctuations. 8.0 ESSENTIAL FISH HABITAT Effective fish habitat (EFH) is defined in the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) as "those waters and substrate necessary to fish for spawning, breeding, feeding or growth or maturity." Marsh habitat provides areas for fish spawning, breeding, feeding or growth or maturity. The NCDOT believes that the Cedar Point Mitigation Site will provide mitigation for future impacts to EFH. 9.0 CONCLUSIONS DEC 0 6 2000 The Cedar Point Mitigation Site will provide "up front" mitigation credit for fu Tu MANAG E impacts to marsh communities resulting from road projects. The NCDOT ul Aefstan WRgt! �D that risks are involved in constructing the site without identifying a mitigation "need" at this time. As mentioned earlier, impacts to the existing marsh community area necessary to connect the project hydrologically to the existing marsh. Impacts have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.038 acre from conversion to open water, and 0.072 acre will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on -site, and does not intend to mitigate for areas impacted by hand clearing. Table 1 summarizes marsh mitigation credits that will be generated by constructing Cedar Point Mitigation Site. Credits at the site are "restoration". Table 1. Summary of Mitigation at Cedar Point Mitigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alterniflora 0.34 acre* 0.17 acre* High Marsh Restore S. patens 0.42 acre 0.21 acre Totals 0.76 acre* 0.38 acre* "*"indicates that 0.038 acre (at 1:1 ratio) of low marsh has been subtracted from this total to compensate for construction related impacts to existing marsh community. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 4 of 4 FIGURE 1 n �. a1, • .o t 7 a C Robinson 1 Pt o o " CC DEC U 200O � COA&TAL MANACie�Mtti. v - 3" MOREH 6 n ', o Jorti lo� lslar OLIy„5 W � O g, •.Swansboro, i ^ . 4 i . Fa,! DoIsA p y , �1�!/`X light P4,�� f , ° L•ahtA SOURCE, USGS SWAINSBORO & HUBERT, NORTH CAROLINA 7.5 MINUTE QUADRANGLE. SCALE: 1"=2000' W>fp, Poiar ►IniTi a A-T'w -TiP kn . E- ZWS-wm Vill cecp&p+ �"`T rAh1i 4ullald TP wo. E-aLQswrvl h'� e- M1'ri 1�0'rjgJ Lowki ¢shsto2cssionl 0.81t ACK o �' N�ppfcN f Cp 1.co N JOHN. R R. & LOIS B. JONES JK EDGE OF EXISTING 44; MARSH i1 I t Z_ EXISTING R/W I. SEE PROJECT SPECIAL PROVISIONS FOR EXCAVATION AND GRADING REOUIREMENTS. 2. BENCH MARK: -L- STA. 67+04 43' RT R.R. SPIKE IN PP ELEV.= 5.68' NAVO 29 4 CONTRACTOR EXISTING SHALLPROVIDE GRADES SMOOTH REMAINAND PROPOSED MARSH GRADES TO BE CREATED. -------------------------------------------- EXIST. EDGE OF PAVEMENT - --- W HWY 24 1 1 4:Q CEDAR POINT TIDAL WETLANDS MITIGATION AREA NOTE: CONTRACTOR SHALL NOT MOVE OR OPERATE ANY MACHINERY IN THIS AREA. ALL WORK. INCLUDING MINOR GRADING AND REMOVAL OF DEBRIS. SHALL BE PERFORMED BY HAND. CONTRACTOR SHALL AVOID ANY DISTURBANCE TO EXISTING WETLANDS VEGETATION IN THIS CONTOUR, ADINOIRECTEDTE NBYTION TO THE ENGINEERING DEC 0 6 2000 OF �yYN WIyJ un ; PROPOSED R/W EXISTING R/W GRAPHIC SCALE 1'=20 2p 20 40 60 REVISIONS cet> - -pc�•J T MillCxplio,J Str, TIP *4 • 2_---1o4T Wnn NojeN"Z,Ez zxuo hyQe4, LIr . 8' I 0.35 -0.65 4 SECTION D-D N.T.S. VfV nlTrl-I PRnFII F SHEET Langley and McDonald. CEDAR POINT TIDAL WETLANDS MITIGATION AREA DEC 0 6 ����� i�iOW1iY��YtiI�W�Yir���/L'a�r'"=��■i������ � �� ��� ,IUV �F+nn 57+00 58+00 ��itEi0116tit7i1�■ri4JdW�Ltii���—� � [������ �—.—. . 1uu ,. ..,,. STA.55+50 56+50 GRAPHIC SCALES: RORIZ. SCALE: I•=2O' — 20 40 60 20 VERT. SCALE: 1'=4' I2 57+50 JAM PRO✓ • /960024-20/.00 L&M OrvC • J0.546-F � � .. � a_ _ � � • ' - _ \ . �- . .., s � . � � �' /� � —_ -- _c���S - �cA�. !__ � r i -. � . � .J.'.. Imo/ .\ � 11. ,, � , � _ i i Jib ,. r� f �� s � _ .� , :,, _ � —� ,, a � � _ � ,. - _ __ - ✓._._ __ _ 7.N i � f � ` _ , _, - . --- -� r- - � - ._ _ -it� (0 ------------------- _ Ao , 01 4 JAMES B. HuNT JR. GOVERNOR 0 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION November 9, 2000 Department of Environment, and Natural Resources Division of Coastal Management Hestron Plaza II, 151 B, Highway 24 Morehead City, North Carolina 28557 Attention: Ms. Tere Barrett DAvtD MCCOY SECRETARY Subject: Onslow and Carteret Counties, Construction of Swansboro and Cedar Point Mitigation Sites, TIP No. R-2105WM. Dear Ms. Barrett: The North Carolina Department of Transportation (NCDOT) proposes to construct the Swansboro and Cedar Point Mitigation Sites in Onslow and Carteret Counties. These two sites are located adjacent to NC 24. The NCDOT seeks authorization under a Coastal Area Management Act (CAMA) Major Development Permit to construct these two mitigation sites. The NCDOT believes that all questions related to the project have been resolved and desires to commence project construction as soon as possible. Project Purpose The NCDOT plans to construct these two marsh sites as "up front" compensatory mitigation for future transportation related projects to marsh and essential fish habitat in White Oak River Basin. Currently, there is no designated road project requiring compensatory mitigation generated by these projects. The NCDOT understands that there are "risks" involved in constructing these two mitigation sites since there are not any designated mitigation "needs" at this time. Project Description: Cedar Point Mitigation Site The Cedar Point Mitigation Site is located on the northeast side of NC 24, at the south end of the bridge crossing the White Oak River (Figure 1). The site totals 14.34 acres which includes an upland peninsula, 1.07 acres of upland adjacent to NC 24, and 12.92 acres of an existing tidal marsh community. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX 919-733-9794 TRANSPORTATION BUILDING 1548 MAIL SERVICE CENTER 1 SOUTH VNLMINGTON STREET RALEIGH NC 27699-1548 WEBSITE: WWW.DOH.DOTSTATE.NC.US RALEIGH, NC The mitigation concept for this site focuses on maximizing the restoration of low marsh. The project design includes 1) excavating uplands to appropriate elevations for the establishment of low tidal marsh, 2) constructing a breakwater structure and 3) creating a channel to provide tidal exchange throughout the mitigation area and insure long-term success. Impacts to existing marsh have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.038 acre from conversion to open water, and 0.072 acre will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on -site (1:1 ratio), and does not intend to mitigate for areas impacted by hand clearing. The potential mitigation credit for future NCDOT projects totals 0.76 acre, or 0.38 acre of credit based on a 2:1 mitigation ratio. A final mitigation planning document has been attached to this letter and is dated November 2000. This document replaces the previously provided document dated July 2000. Figures 2, 3 and 4 of the final document are design plans for the mitigation site. Project Description: Swansboro Mitigation Site The Swansboro Mitigation Site is located on the White Oak River, just north of the intersection of Elm Street and NC 24. The site totals 0.63 acre that includes 0.16 acre of existing marsh fringing the high ground. The mitigation concept for this site focuses on maximizing the restoration of low marsh. The proposed design plan involves lowering the grade at the site to restore low and high marsh, constructing a channel through the site, and constructing a plunge pool at a stormwater outfall discharging from NC 24. Impacts to the existing marsh total 0.012 acre from the conversion of marsh to open water, and 0.028 acre impacted will be disturbed by hand clearing. This impact associated with conversion to open water will be "deducted" from mitigation credit generated by site construction; therefore, potential mitigation credit for future NCDOT projects totals 0.32 acre, or 0.16 acre of credit based on a 2:1 mitigation ratio. A final mitigation planning document has been attached to this letter and is dated November 2000. This document replaces the previously provided document dated July 2000. Figures 2 and 3 of the final document are design plans for the mitigation site. History of Mitigation Projects and Changes in Planning Reports In August 1999, the NCDOT provided conceptual mitigation planning reports dated July 1999 for comments to the following resources agencies: North Carolina Division of Coastal Management (NCDCM), U. S. Army Corps of Engineers (USACE), North Carolina Division of Water Quality (NCDWQ), North Carolina Wildlife Resources Commission (NCWRC), National Marine Fisheries Service (NMFS), U. S. Fish and Wildlife Service (UWFWS) and North Carolina Division of Marine Fisheries (NCDMF). CAMA Major Development Permit November 9, 2000 Swansboro/ Cedar Point Mitigation Sites Page 2 of 5 In a letter dated September 2, 1999, NCDMF provided written response to the conceptual mitigation planning reports dated July 1999. The NCDMF visited the site and had no objection to the project. A copy of the letter is attached with this permit application letter. In separate letters dated September 7, 1999, NCDCM provided two comments on the. Cedar Point Marsh Mitigation Site and Swansboro Mitigation Site, Concept Reports dated July 1999. These letters contained the same comments and are addressed together. The first comment involved the use of the term "creation" in the report and mitigation ratios. The term "creation" in the July 1999 was not used with respect to mitigation credits but referred to construction of the site. It is NCDOT" opinion that each site has been previously filled and considers each site to generate "restoration" credits. The terminology has been "correctly" applied in both final reports dated November 2000. The second comment dealt with monitoring hydrology. The report dated July 1999 stated that monitoring of hydrology would occur for one year. The NCDCM stated that this is not acceptable and recommended a minimum of three years. This comment has been incorporated into the final mitigation documents for both sites. dated November 2000. Agency representatives from NCDOT, NCDCM, USACE, NCDWQ, NCWRC, USFWS and NMFS met at mitigation site on October 27, 1999. The mitigation concepts presented in the reports dated July 1999 were discussed. At Swansboro Mitigation Site, three changes have been made based on the site review. First, the forebay has been replaced with a plunge pool. This change has been noted in the final report for the site dated November 2000. The second change involves the open channel. The open channel in the July 1999 report proposed connecting the proposed forebay and White Oak River. In the final report dated November 2000, the open channel now extends through the mitigation site from White Oak River. Figure 2 of the report depicts the channel's location. The third change deals with the depth of the proposed open channel. Originally, the channel was to be 2 feet deep. The proposed channel is now 1 foot deep as depicted on Figure 2 of the November 2000 report. At Cedar Point Mitigation Site, two changes have been made. First, the proposed open channel is now 1 foot deep as opposed to 2 feet in the July 199i document. This is depicted in Figure 2 of the November 2000 report. The second change involves the proposed construction of a breakwater. This breakwater would replace the existing peninsula that is currently being eroded and protects the existing marsh community to the east. Mr. Ron Sechler ofNMFS provided this suggestion at the October 1999 meeting. Literature from the Coastal Federation was obtained to design the breakwater. The NCDOT plans to construct the proposed CAMA Major Development Permit November 9, 2000 Swansboro/ Cedar Point Mitigation Sites Page 3 of 5 breakwater between the existing peninsula and White Oak River, to remove the existing peninsula and to plant low marsh after the peninsula is removed. The proposed construction of the breakwater has been included in the final report dated November 2000 as text and depiction (Figure 3). Mitigation Credits These two mitigation sites together will generate 0.31 acre of low marsh restoration credit (2:1 restoration credit ratio) and 0.23 acre of high marsh restoration credit (2:1 restoration credit ratio). These totals include the amount deducted for conversion of open water from existing marsh during project construction. These credits will be applied to future impacts to marsh and EFH. Table 1 summarizes mitigation credits per mitigation community type at Cedar Point Mitigation Site. Table 1. Summary of Mitigation at Cedar Point Mitigation Site Mitigation Type; Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alternii fora 0.34 acre* 0.17 acre* High Marsh Restore S. patens 0.42 acre 0.21 acre Totals 0.76 acre* 0.38 acre* "*"indicates that 0.038 acre (at 1:1 ratio) of low marsh has been subtracted from this total to compensate for construction related impacts to existing marsh community. Table 2 summarizes mitigation credits per mitigation community type at Swansboro Mitigation Site. Table 2. Summary of Mitigation at Swansboro Mitigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alterniora 0.28 acre* 0.14 acre* High Marsh Restore S. patens 0.04 acre 0.02 acre Totals 0.32 acre* 0.16 acre* "*" indicates that 0.012`acre (at 1:1 ratio) of low marsh has been debited from this total to compensate for construction related impacts to existing marsh community. Summary of Permit Application The NCDOT proposes to construct these two mitigation sites under a single CAMA Major Development Permit. The pertinent CAMA applications forms (MP-1, MP-2 and MP-6) and permit drawings for both proposed marsh mitigation sites are attached to this cover letter as well as the fee for processing the permit application. The NCDOT will forward certification forms that it has contacted adjacent property owners of this project's actions. Application is also made for 401 Water Quality Certification from NCDWQ. The NCDOT believes that a Section 404 General Permit 291 is applicable for constructing these mitigation sites. Application is therefore made this permit too. CAMA Major Development Permit November 9, 2000 Swansboro/Cedar Point Mitigation Sites Page 4 of 5 Final mitigation planning documents for Cedar Point Mitigation Site and Swansboro Mitigation Site (dated November 2000) are attached to this CAMA Major Development permit application. Design plans for the sites have been included; Figures 2, 3 and 4 for Cedar Point and Figures 2 and 3 for Swansboro. These documents replace the reports dated July 1999 and include comments from resource agencies as described in this cover letter. These two mitigation sites together will generate 0.31 acre of low marsh restoration credit (2:1 restoration credit ratio) and 0.23 acre of high marsh restoration credit (2:1 restoration credit ratio). These totals include the amount deducted for conversion of open water from existing marsh during project construction. These credits will be applied to future impacts to marsh and EFH. Thank you for your assistance in processing this permit application. We believe that all issues have been resolved and hope to begin construction of this project soon. If you have questions or need additional information, please contact Mr. Phillip Todd at (919) 733-7844, Extension 314. Sincerely, 0 W. D. Gilmore, P. E., Manager O Project Development and Environmental Analysis Branch cc: Mr. David Franklin, USACE, Wilmington Mr. Dave Timpy, USACE, Wilmington Ms. Kelly Williams, NCDCM, Raleigh Mr. John Hennessy, NCDWQ, Raleigh Mr. David Cox, NCWRC, Northside Mr. Tom McCartney, USFWS, Raleigh Mr. Ron Sechler, NMFS, Morehead City Mr. Mike Street, NCDMF, Morehead City CAMA Major Development Permit November 9, 2000 Swansboro/ Cedar Point Mitigation Sites Page 5 of 5 Form DCM-MP-I APPLICATION (To be completed by all applicants) b. City, town, community or landmark Bea 1. APPLICANT c. Street address or secondary road number tx, Z* a. Landowner: Name 1`I• C• �Y �� +i 1e.,CPct sri-Qd• Is proposed work within city limits or planning jurisdiction? Y Yes No Address M tS Mt►L S NiCAL C£NrM- e. Name of body of water nearest project (e.g. river, City V'NLti' C-F State NC r creek, sound, bay) W4tit a. OAC. ENT-R- Zipa-+46`M' IrwBDay Phone C111) :+33 -31*1 Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (f any) �'�t4SUJM NOTE. Pnndt wiA be issued in M of landownrr(s), and/or projecf name. 2. LOCATION OF PROPOSED PROJECT a. County Revised U0/95 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. GCV,32MU(r Mi7iCngTioW S+MS b. Is the proposed activity maintenance of an existing project, new work, or both? NeW WOZ-lc- c. Will the project be for public, private or commercial use? VQ%%iG d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. coismCr M1-rt 4ay 101� Sift S �oQ %&T- 44 ;vtvtx. Form DCM-MP-I 4. LAND AND WATER CHARACTERISTICS 9W Scxo a. Size of entire tract Gto►t. Pt�%r3r b. Size of individual lot(s) M/A c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract Sc*^ , to AXT % e. Vegetation on tract scw% c s&".1 &LAWS f. Man-made features now on tract txnfl g. What is the CAMA Land Use Plan land classification of the site? (Consalr the loatr rand are plan.) Conservation X Developed Rural C Transitional Community Other h. How is the tract zoned by local government? QYStOE�TitAV � CANtMR.It-GAS. Is the proposed project consistent with the applicable zoning? Yes X No (Anach zoning compliance cetrijicate, if applicable) j. Has a professional archaeological assessment been done for the tract? % Yes No If yes, by whom? pP&r t tFA& Fat. TtQ $ Q-swS 16`1 WCMIT 0,00 >c=W is;T k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No I. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other If yes, has a delineation been conducted? _ X (Anaci docvrnenration, if available) m. Describe existing wastewater treatment facilities. N/A n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) & AN"% A- %Aitq.. o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name ec86t r Q• NVWZCWS Address Qto Q2.+eN61i t3c>rr Phone SEAt.UESCIi NC, ZS5110 Name Cn%+ d Tcuzw OALL Address 1i O• ts..OK. 3tc8 Phone SWAI rSSoto , V- , Q65EVk C'At,_ r Address T0 Lam. • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PER USSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day of Print Name, \)J. W WvA 1] . Y • Signature '� 14rdo r or Authorized AgA 11lp9 Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development X DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. o-..:_-. 41/� Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLw) or (NwL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other t� (Excluding ,l� shortunc subiliWion) 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards —4-+cto4- b. Type of material to be excavated, Fitz. MArF21At- c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes YL No d. Highground excavation in cubic yards a454- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 141A b. Dimensions of disposal area NIA c. Do you claim title to disposal area? NJA Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No 01 A If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes )CC _ No f. Does the disposal include any area in the wateO Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead X_ Riprap b. Length 490' c. Average distance waterward of MHW or NWL �/ d. Maximum distance waterward of MHW or NWL 44T-1 e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material C$-*" _' V t P ZAr Fdt, gCEACaAW Q- %1"C %A L g. Amount of fill in cubic yards to be placed below water level (1) Riprap Liao (2) Bulkhead backfill h. Type of fill material CLAU- Z VP W i. Source of fill material of 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? iU¢ti�` . 1 C-QtT-41ha (FWp\1Nh) V DtS16N S°t7aNr�aR.r2f FO2 i'iNi�vt; WA�F¢.Si1rE.t> S b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 41:i .u�rt4tr„rr-lo�l F�nPIME�Ji" c. Will wetlands be crossed in transporting equipment to project site? _ Yes No If yes, explain steps that will be taken to lessen environmental impacts. e.-a�oswt�. App Ikant or. "J Name 9'• c- . S M.m signature ///q,Iz 0no Vate Revised 03195 Form DCM-NIP 4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) — 0/1-16 (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width (5) Finger Piers _ Yes _ No (i) Number (ii) Length (iii) Width (6) Platform(s) _ Yes _ No (i) Number (d) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) — 0/4 (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) — MIA (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length 490� (2) Average distance from MHW, NWL or wetlands aS' (3) Maximum distance beyond MHW, NWL or wetlands `IS'' e. Mooring buoys — NIA (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body - Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number / (3) Length iJ iJ (4) Width g. Other (Give complete description) e BtoSWrv) Applicant or Project Name Z. c -14") G. lMac Signature 11 /q /2.jno Date D--'-.a none Ll Robinson o r . 0 (( /i - Jan v Isla � 1 � r o �� /t� _ , = Swats � ,.•. / � -Swansboro 1 777111 oLights Dayb acon cc 4,9 LighIn SOURCE: USGS SWANSBORO & HUBERT, NORTH CAROLINA 7.5 MINUTE QUADRANGLE. SCALE: 1'=2000' F>a1lac�v *- -TiP # E-zwE -WM Nmp-oArsre- mom mbw- Wiw1T d &.uAK4%0eo p4Qr FxRLr pQCW,N(� tht,; romiav s�S \ of S ';10N5 jir-a zouz)--T WN-\ OL of LIMITS OF GRADING .�l,qll 4z C I TY OF SWANSBOR�X� .50 PROEMJNJE OF AV INEL AND DITCH CENTERLINE COORDINATES HING EASTING STATION 7277-93 --T.-5-9-5,354.33 10+00 '10.75 2.56 6. 4 T9-.-93- 10+87.31 FI 9. 7-8 2,565,464.40 11+14.03 !47.39 2.565.486.26 11+52.00 77.43 2.565.482.42 10+00 183.86 2.565.487.33 0+08.10 ?63.01 2,565,506.23 10+89.46 Elp .,a,. "x EXIST. MARSH N/F HAROLD E. & JOAN E. KERRI "ch EL- 6.26' �Dl POP* DOE OF EXISTING MARSH NC GAR ti NAD 83 ...... ...... . CONTRACTOR N( HEAVY MACHINERY IN Elp INCLUDING MINOR GRO Ar DEBRIS. SHALL BE PI CONTRACTOR SHALL Al TO EXISTING WETLANI COORDINATE CONNECT. AS DIRECTED BY ENG �A W ITNkC ;�W PR �0� N E�VL �2O 1.gj �p OM N/F ,j-A"THONY JOSEPH KOWALSKI Nofe, Sae fable far cooralnafea os a ' FNY�IV� BCCFfIN flay.= LS' Elev.= 0.35'- comae IRlorao I rllrer Eeleflnq Erossectlon I<persalmotel Elay.= 2.0' Erg--� slew � .eunno elevat[o icn en avann Breakwater Structure (Typical) Not to Scale sea6cu i-� -M-04EeT f7� 2 wr-) -aaoe CLAM P.ZM NT MrvL�11 AV064 c Nt -r -t>m� i�E)Vk 3e p- mom F5Yt4�-T 3 0� S i Centerline of S z Strucructuure Q L z/ WHI TF OA.K R I v E R EBBS FL / 000y Centerline of Structure GRAPHIC SCALE ?•=pp' ,Ma,t� >.IeflnO erima rsvonon Structure !cal) 2 z Cer�tfr lcl rof r --Fir Opp R 11/ER �EBB� F�— [ No. E-.a4ovwr^ GRAPHIC SCALE 1'=20' CEnAz Poi4Jr PAT1Tc�,(3r�on7 zo - 20 40 - G0 islrS. '�>'—Yr;T "t>QAINNC-j srtssry 4x ,,; s� Ce terline of Structure NOTE: CONTRACTOR SHALL NOT MOVE OR OPERATE ANY HEAVY MACHINERY IN THIS AREA. ALL WORK, INCLUDING MINOR GRADING AND REMOVAL OF DEBRIS. SHALL BE PERFORMED BY HAND. CONTRACTOR SHALL AVOID ANY DISTURBANCE TO EXISTING WETLANDS VEGETATION IN THIS AREA. COORDINATE CONNECTION TO EXISTING CONTOUR. AS DIRECTED BY THE ENGINEER. Coordinates for Center Line of Breohroter Structure Point B E TI 344699.0700 2567563.1170 T2 344750,7350 2567588.2690 T3 344787.6700 2567616.9100 T4 3448112740 2567632.5990 T5 344834.8170 2567648.2870 16 344899.6690 2561682.4510 17 344964.4610 2567716.6150 T8 345092.7720 2567782.0420 19 345125.3000 2567801.8600 R1w N/F JOHN. R. LO(S B. JONES EDGE OF EXISTING MARSH lks I oq �L -LREV 41 ----------------- ------------------- State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Bill Holman, Secretary Preston P. Pate, Jr., Director 2 September 1999 MEMORANDUM TO: William D. Gilmore, NCDOT, P.E. Manager Planning and Environmental Branch N.C.Division of Highways P.O. Box 25201 Raleigh, NC 27611 1� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FROM: P.A. Wojciechowski A - SUBJECT: MITIGATION PLANNING "DOCUMENT FOR THE SWANSBORO AND CEDAR POINT MITIGATION SITES, TIP NO. R-2105 WM Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc Perftl dm..Isb ow& P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 A_r_._1 �__ .. -- .. . TO: - &Alc /M%� DATE: i 9 FROM: /�o,46:66n SUBJECT: RESPOND BY: For Your Informatio_ n 4.. , _ } ForAcUon r _ Comments" Required Al,lLel , CEDAR POINT MITIGATION SITE FINAL MITIGATION PLANNING REPORT T.I.P. No. R-2105 WM North Carolina Department of Transportation Project Development and Environmental Analysis Branch One South Wilmington Street, Post Office Box 25201 Raleigh, NC 27611 Issued: November 2000 1.0 INTRODUCTION & GOALS The North Carolina Department of Transportation (NCDOT) proposes to construct a low marsh compensatory mitigation site at Cedar Point, North Carolina. This site will be used as compensatory mitigation for future impacts to marsh communities and essential fish habitat in the White Oak River Basin. The Cedar Point Low Marsh Mitigation Site is located on the northeast side of NC 24, at the south end of the bridge crossing the White Oak River (Figure 1). The site totals 14.34 acres which includes an upland peninsula, 1.07 acres of upland adjacent to NC 24, and 12.92 acres of an existing tidal marsh community. The mitigation concept for this site focuses on maximizing the restoration of low marsh. Therefore, this project has been designed to include the following components; 1) excavating uplands to appropriate elevations for the establishment of low tidal marsh, 2) constructing a breakwater structure and 3) creating a channel to provide tidal exchange throughout the mitigation area and insure long-term success. 2.0 PROJECT APPROACH The Cedar Point mitigation site has been designed to maximize restoration credit of low marsh. Site design for the Cedar Point mitigation site considers the constraints imposed by adjacent properties and the existing marsh. A channel has been designed to originate from an open -water location along the western site boundary, continue throughout the interior of the site and exit at an open -water location along the eastern property line. Existing on -site plant species or "biological benchmarks" were used to identify the vertical positioning of planting zones, while species selection for each zone is consistent with the flora found on or in the immediate vicinity of the site. Plan and cross sectional views of the Cedar Point site are included as Figures 2, 3, and 4. 3.0 EXISTING CONDITIONS/ELEVATIONS The existing 14.34 acre site consists of two community types; an upland area that is adjacent to NC 24 and includes the peninsula area, and approximately 12.92 acres of an existing tidal marsh with low and high marsh components. The existing upland portion of the site is dominated by early succession grasses and shrubs. The area adjacent to NC 24 appears to be irregularly maintained. Smooth cordgrass (Spartina alterniflora) dominates the existing marsh component of the site. Other plants that are part of this community include grasses and shrubs such as wax myrtle (Myrica cerifera). Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 1 of 4 Existing site elevations range from 0.07 feet along the lower limits of the existing salt marsh to 7.00 feet +A at the NC 24 right of way that occurs along the southern boundary of the site. The average existing site elevation is approximately 5.00 feet. Salinity data provided by NCDOT for the Cedar Point area indicates values which range from a low of 7 ppt to a high of 30 ppt. This broad range is most reflective of the local hurricane activity that occurred during the two months for which data was collected (August to September 1998). 4.0 BREAKWATER STRUCTURE The existing peninsula protects the existing marsh community from winds blowing across White Oak River. The peninsula will be replaced with a backwater structure. The structure will consist of Class I Rip Rap underlain with filer fabric. The location and a cross section of this structure can be found on Figure 3. 5.0 PROPOSED MITIGATION COMMUNITIES Two transects were used to established biological benchmarks. These transects extended from lowest to highest elevations within the existing marsh. Sample points were selected along each transect to represent the lower and upper boundary of the low and high marsh. Plant species were inventoried, and the elevation of each sample point was obtained by survey. The plant species and elevations selected for the marsh restoration effort resulted from the use of the biological benchmarks. 5.1 Low Marsh Hydrology to the site will be provided by the construction of a channel through the site. The channel has been designed to originate from an open -water location along the western site boundary, continue throughout the interior of the site and exit at an open -water location along the eastern property line (Figure 2). The bottom of the channel has been set at an elevation of -0.65. Construction of this channel necessitates extending the channel through a small portion of the existing marsh. Impacts have been minimized by limiting grade work to hand removal. As a consequence, 0.038 acre of low marsh will be converted to open water, and 0.072 acre will be impacted by hand clearing. The area converted to open water will be mitigated for on -site. The low marsh component of the site, consisting of smooth cordgrass (Spartina alternii lora), will be planted within the elevation range of 0.35 to 1.20 feet. This planting will occur on both the seaward and landward sides of the channel (Figure 2), as well as to the northeast of the proposed breakwater (Figure 3). The low marsh restoration component totals 0.38 acre. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 2 of �f 5.2 High Emergent Marsh A high marsh area has been proposed above the low marsh areas. The proposed high marsh area extends on the landward side of the channel as a transition between the low marsh and upland. The proposed elevation of the high marsh component lies between an elevation 1.20 to 2.00 feet. Species planted within this community type include saltmeadow (Spartina patens). The high marsh restoration area totals 0.42 acre. 5.3 Upland Transition An upland transition area will be planted above the 2.0 elevation of the high emergent marsh. This zone will be located along NC 24 and the eastern property line. Two shrub species, marsh elder (Iva frutescens) and wax myrtle (Myrica cerifera), will be planted. Bald cypress (Taxodium distichum) will be planted along NC 24. 6.0 MONITORING PROCEDURES Emergent marsh vegetation will be monitored at randomly located sample plots using GIS software. The location of the sample plots in the field will be determined using realtime . GPS. A minimum of ten 1.0 mZ sample plots will be located in the planted areas. Vegetation at the site will be monitored for five years, or longer as necessary, following the completion of planting. Hydrologic monitoring protocols will involve the use of a surface water monitoring gauge located within the larger restored area of the site and a second gauge located in open water seaward of the existing marsh along the east side of the peninsula. Hydrologic data will be collected for three years after construction or until success criteria are met. 7.0 SUCCESS CRITERIA The success of the marsh creation project will be evaluated using the frequency and average percent cover of emergent herbaceous vegetation. The site will be considered a success if the calculated value for frequency is 0.5 and the calculated value for average percent cover is at least 80% by the end of the fifth growing season. Frequency will be determined by f=nx/ry, where f-- frequency, n = number of plots where emergent herbaceous vegetation occurs, and n,= total number of plots. Average percent cover will be determined by c=Y-jn, where c= average percent cover, E.= the sum of estimated foliar cover for all plots, and n= the total number of plots. If Phragmites appears in any monitoring period, in more than two sampling plots, then NCDOT will consult with the U. S. Army Corps of Engineers to develop potential control measures. Cedar Point Mitigation Site November 1000 Final Mitigation Plan Page 3 of The site will be considered hydrologically successful when the hydrology of the site is flooded twice daily with elevations and durations consistent with those outside the mitigation area. Success will be determined from data taken from surface water monitoring gauges located in the site. It is expected that the surface water (flooding) regime will be the same as that measured for the biological benchmarks for Spartina alterniflora, since the plant community's zonation reflects long term tidal fluctuations. 8.0 ESSENTIAL FISH HABITAT Effective fish habitat (EFH) is defined in the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) as "those waters and substrate necessary to fish for spawning, breeding, feeding or growth or maturity." Marsh habitat provides areas for fish spawning, breeding, feeding or growth or maturity. The NCDOT believes that the Cedar Point Mitigation Site will provide compensatory mitigation for future impacts to EFH. 9.0 CONCLUSIONS The Cedar Point Mitigation Site will provide "up front" mitigation credit for future impacts to marsh communities resulting from road projects. The NCDOT understands that risks are involved in constructing the site without identifying a mitigation "need" at this time. As mentioned earlier, impacts to the existing marsh community area necessary to connect the project hydrologically to the existing marsh. Impacts have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.038 acre from conversion to open water, and 0.072 acre will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on -site, and does not intend to mitigate for areas impacted by hand clearing. Table 1 summarizes marsh mitigation credits that will be generated by constructing Cedar Point Mitigation Site. Credits at the site are "restoration". Table 1. Summary of Mitigation at Cedar Point Mitigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alterniflora 0.34 acre* 0.17 acre* High Marsh Restore S. patens 0.42 acre 0.21 acre Totals 0.76 acre* 0.38 acre* indicates that 0.038 acre (at 1:1 ratio) of low marsh has been subtracted from this total to compensate for construction related impacts to existing marsh community. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 4 of I FIGURE 1 I i s .. rfJ • I�� 1 �T'u. v n z �1 Robinson I Pt if u ly `.N mac. 1 ''�� , it �� • \` `nI �- aaap 1 u IJ Y ({11 u ik 11,14 sw' a ° ; ' 3 i \ �•.Swansboro N ...�-Llgb's Daybeaw0 1 0 \ c �. is Dot .. e f( oe44 C� \fie • ' a'���`,, � � � 1 Light cut Y SOURCE: USGS SWANSBORO & HUBERT, NORTH CAROUNA 7.5 MINUR: QUADRANGLE. SCALE: 1°=2000' CSpAQ, ptitTT MITI a A -OW -lip W , Q,- Z)kgo"TwM SA"m xota $ps tmM fx �eorWwitt of t 6AYI'm ` Q:N!E2 EI.-= 2Y S 4 Elpr.= -I.IS' 7z"pQLy'9 ,,,�p �0L1AImv' Not to Scale t SWM Brelf�,� MOVE OR OPERATE ANY AREA. ALL WORK. I REMOVAL OF BY HAND. IY DISTURBANCE rATION IN THIS AREA. XISTING CONTOUR, R. Centerline of �o Structure 90 10 20 100 eo- T Centerline of Structure ter Line of Breakwater Structure E 2567563.1170 2567588.2690 2567616.9100 2567632S9B0 2567648.2870 2567682.4510 2567716.6150 2567782.0420 2567801.8600 e - - 0.35 -0.65 D-D COORDINATE COONECTI N TO E ISTING AS DIRECTED BY , • , _ I 13+00 14+00 - 1 a < PROJECT REFERENCE NO- i SHEET NO. SHEET N0. ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER i2 I' y A 9y� B. IAv`�•` �� Langley and McDonald, Inc. CEDAR POINT TIDAL WETLANDS MITIGATION AREA , POSED R/W PROPOSED R/W � PRO .GRACE ir 4 -r- 4 - EXIT . GRADE 0 PF OP. GRAOEI - I I O 0 0 0 — +I00 58+00 +0 12 PROPOSED R/W NC 24 E IST. MARS PRO . MARSH C 24 < - a I I EXIST. GRADE PROP. GRADE P. P. GRADE N O ✓1 O I N O P o � o +0 +20U GRAPHIC SCALES. HORIZ. SCALE: V=20' 20 20 40 60 VERT. SCALE: V=4' 6 12 +100 57+50 L8M PROJ • +0 /960024-20400 L&fA ON'G ' 30.546-F SWANSBORO MITIGATION SITE FINAL NIITIGATION PLANNING REPORT T.I.P. Number R-2105 WM North Carolina Department of Transportation Project Development and Environmental Analysis Branch One South Wilmington Street, Post Office Box 25201 Raleigh, NC 27611 Issued: November 2000 1.0 INTRODUCTION & GOALS The North Carolina Department of Transportation (NCDOT) proposes to construct a low marsh compensatory mitigation site at Swansboro, North Carolina. This site will be used as compensatory mitigation for future impacts to marsh communities and essential fish habitat in the White Oak River Basin. The Swansboro Mitigation Site is located on the White Oak River, just north of the intersection of Elm Street and NC 24 (Figure 1). The site totals 0.63 acre that includes 0.16 acre of existing marsh fringing the high ground. The objective of this project is to provide for future marsh mitigation credit in the White Oak River basin. The mitigation concept for this site focuses on maximizing the restoration of low marsh. Therefore, this project involves the excavation of uplands to appropriate elevations for the establishment of emergent tidal marsh. A plunge pool will be constructed at an existing stormwater outfall along the southern property line. The plunge pool will provide for the attenuation of stormwater prior to entering the existing tidal marsh and the White Oak River from the NC 24 stormwater outfall. 2.0 PROJECT APPROACH The Swansboro site will be designed to maximize the restoration of low, emergent tidal marsh. Therefore, site grading and planting plans attempt to maximize these objectives while taking into account the constraints imposed by adjacent properties and the existing marsh. Plan and cross sectional views of the Swansboro site are included as Figures 2 and 3. Existing on -site plant species or "biological benchmarks" were used to identify the vertical positions of planting zones. The plant selection for the mitigation area is consistent with the flora found on or in the immediate vicinity of the site. 3.0 EXISTING CONDITIONS/ELEVATIONS The existing 0.41 acre site consists of two community types; an upland area previously partitioned into three residential that is adjacent to NC 24 and an existing tidal marsh with low and high marsh components. The upland portion of the site is 0.25 acre in size. The houses existing on the property have been demolished and removed by NCDOT. A marsh area, totaling 0.16 acre in size, fringes the existing upland transition and is dominated by marsh species. 'Existing site elevations range from 0.58 feet along the lower limits of the existing salt marsh to 13.87 feet at the NC 24 right of way that occurs along the western boundary of the site. The average existing site elevation is approximately 7.00 feet. Swansboro Mitigation Site Final Mitigation Plan November2000 Page 1 of 4 Salinity data provided by NCDOT for the Swansboro area indicates values that range from a low of 4 ppt to a high of 30 ppt. This broad range is reflective of the local hurricane activity during the two months for which data was collected (August and September 1998). 4.0 PROPOSED SITE DESIGN Stormwater from NC 24 will be attenuated by constructing a 10' x 10' plunge pool at the pipe outlet. A proposed 0.5 foot deep channel will connect the proposed plunge pool to the White Oak River. A concrete headwall will be constructed at the end of the outfall pipe to retain the existing slope. Biological benchmarks were established by installing two transects which ran from lowest to highest elevations within the existing marsh. Sample points were selected along each transect to represent the lower and upper boundary of the low and high marsh. Plant species were inventoried, and the elevation of each sample point was obtained by survey. The plant species and elevations selected for the wetland creation project resulted from the use of the biological benchmarks. Site grading will be designed to slope down from the proposed NC 24 road right-of-way to an elevation of 1.20 feet. This elevation was determined to be the approximate upper limit of the low emergent marsh based on the biological benchmarks collected on -site. The site will continue sloping downward to an elevation of 0.32 feet. This elevation is mean low water elevation and the top of bank elevation for the proposed channel. 4.1 Low Marsh Hydrology to the site will be provided by the construction of a channel through the site. The channel has been designed to originate from an.open-water location along the northern site boundary and continue throughout the interior of the site toward the western property line (Figure 2). The bottom of the channel has been set at an elevation of -0.65. Construction of this channel necessitates extending the channel through a small portion of the existing marsh. Impacts have been minimized by limiting grade work to hand removal. As a consequence, 0.012 acre of low marsh will be converted to open water, and 0.028 acre will be impacted by hand clearing. The area converted to open water will be mitigated for on -site. The low marsh component of the mitigation site will be planted with smooth cordgrass (Spartina alterniflora). The elevation of the plantings range from 0.35 to 1.20 feet. The restored low marsh totals 0.29 acre in size. 4.3 High Marsh Swansboro Mitigation Site Final Mitigation Plan November 2000 Page 2 of 4 A small area of high marsh has been proposed between the low marsh area and the upland buffer area. The high marsh component, consisting of saltmeadow (Spartina patens), will be planted at an elevation of 1.20 feet to 2.00 feet. The restored high marsh component of the site totals 0.04 acre. 4.4 Upland Transition, Zone 4 Au upland transition area will exist from the high marsh community to NC 24. This zone will be located along NC 24 and the eastern property line. Two shrub species, marsh elder (Iva frutescens) and wax myrtle (Myrica cerifera), will be planted. Bald cypress (Taxodium distichum) will be planted along NC 24. 5.0 MONITORING PROCEDURES Emergent marsh vegetation will be monitored at randomly located sample plots using GIS software. The location of the sample plots in the field will be determined using realtime GPS. A minimum of ten 1.0 m2 sample plots will be located in the planted areas. Vegetation at the site will be monitored for five years, or longer as necessary, following the completion of planting. Hydrologic monitoring protocols will involve the use of a surface water monitoring gauge located within the larger, restored area of the site and a second gauge located in open water seaward of the existing marsh. Hydrologic data will be collected for three years after construction or until success criteria are met. 6.0 SUCCESS CRITERIA The success of the marsh creation project will be evaluated using the frequency and average percent cover of emergent herbaceous vegetation. The site will be considered a success if the calculated value for frequency is 0.5 and the calculated value for average percent cover is at least 80% by the end of the fifth growing season. Frequency will be determined by 1=lVny, where f= frequency, nx= number of plots where emergent herbaceous vegetation occurs, and ny= total number of plots. Average percent cover will be determined by c=Y jn, where c= average percent cover, E, = the sum of estimated foliar cover for all plots, and n= the total number of plots. If Phragmites appears in any monitoring period, in more than two sampling plots, then the NCDOT will consult with the U. S. Army Corps of Engineers to develop potential control measures. The site will be considered hydrologically successful when the hydrology of the site is flooded twice daily with elevations and durations consistent with those outside the mitigation area. Success will be determined from data taken from a surface water monitoring gauge located in the site. It is expected that the surface water (flooding) regime will be the same as that measured for the biological benchmarks for smooth Swansboro Mitigation Site Final Mitigation Plan November 2000 Page 3 of 4 cordgrass (Spartina alterniora), since the plant community's zonation reflects long term tidal fluctuations. 8.0 ESSENTIAL FISH HABITAT Effective fish habitat (EFH) is defined in the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) as "those waters and substrate necessary to fish for spawning, breeding, feeding or growth or maturity." Marsh habitat provide areas for fish spawning, breeding, feeding or growth or maturity. The NCDOT believes that the Cedar Point Mitigation Site will provide compensatory mitigation for future impacts to EFH. 9.0 CONCLUSIONS The Swansboro Mitigation Site will provide "up front" mitigation credit for future impacts to marsh communities resulting from road projects. The NCDOT understands that risks are involved in constructing the site without identifying a mitigation "need" at this time. As mentioned earlier, impacts to the existing marsh community area necessary to connect the project hydrologically to the existing marsh. Impacts have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.012 acre from conversion to open water, and 0.028 acre impacted will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on -site, and does not intend to mitigate for areas impacted by hand clearing. Table 1 summarizes marsh mitigation credits that will be generated by constructing Swansboro Mitigation Site. Credits at the site are "restoration". Table 1. Summary of Mitigation at Swansboro Mitigation Site `_ Mitigation Type Species Planted Mitigation Area -_- Mitigation Credits Low Marsh Restore S. alternii fora 0.28 acre* 0.14 acre* High Marsh Restore S. patens 0.04 acre 0.02 acre Totals 032 acre* 0.16 acre* indicates maz u.u12 acre (at 1:1 ratio) of low marsh has been debited from this total to compensate for construction related impacts to existing marsh community. Swansboro Mitigation Site November 2000 Final Mitigation Plan Page 4 of 4 I •�h�s` ���1 I• _>. \ .Robinson •' Pt 30 I\ r lc r 4^^ by i,y�.aa x -•_ .�•i;,r IC w `•• �\y `l • i I. dl �• @ i Y ` l 7 pN',1 /� � /•, ���s • A � l01 Isla II � �` � 4 SW�� II • �a d. ,� °� r 1,✓ .Swansboro j oLigh pDaybacan % gory NI/ rk }mod •('{{i�"IS J , bl Dals� �aIL f�• lz L_ Q e }.}lNc�F<1 jTy4 LIT C/I Light '. Z7, F SOURCE: USGS SWANSBORO & HUBERT, NORTH CAROLINA 7.5 MINUTE QUADRANGLE. SCALE: 1'=2000' SwwN%?-ceo Mmcej4ra! tiP too• E-�to� Wn.. I ' �~ OGa�4rwur4ily '�iPf. /�E �Gl.'fA/0T�'Ce�i SW41J5 o nniTita�l�y.1 43hi_ tcw MAV* 0.76 AG c.s r' -m °s TAP No alb WM e��nr.l� ,-2.o/ EIP IA No.�N••aee� ��'� 1ii�1 �� 0 04 �; �• 1 [�,Apfi- 2 ' �,4'iCeA•iu0�1 -to y yy EXIST. MARSH (� `4 HAROLD E. 6 LIMITS OF - GRADING `; 61 •' � 0� JOAN E. KERB. ............ ................_....... C-ITY OF SWANSBORO �y5°9 t6 ... EE CHp a N .. . EEFCHANNEL p PROpoSFO - tie _ y may' a- p` ........ " y'' . � A ...... ' PAOEMENTE OF CHANNEL AND DITCH CENTERLINE. CnnRDINATFS PT-m NORTHING EASTING "STATION 1 347.227.93 2.565.354.33 10+00' 2 3 4 347.210. 75 347.219.78 347. 247.39 2:565.439:93 2,565,464.48 2.565.486.26 11+14.63 11+52.00 10-187.31 5 6 7 347.177.43 347.183.86 347.263.01 2.565.482.42 2.565.48T.33 2.565.506.23 OTOO 10+08.10 10+89.46 NOTES ABBREVATIONS I. EXISTING STRUCTURES ARE TO BE REMOVED IFSD ONE STORY FRAMED DWELLING PRIOR TO CONSTRUCTION OF THE MITIGATION AREA. EIPRIW - RGHTI G IRON PIN AY 2-SEE SHEET 3. FOR PLANTING PLAN d NOTES EL - ELEVATION STA - STATION 3.SEE PROJECT SPECIAL PROVISIONS N/F - NOW OR FORMERLY FOR EXCAVATION AND GRADING REQUIREMENTS. RCP REINFORCED CONCRETE PIPE 4. BENCH MARK: -L- STA. 17+07 67' LT SY - SQUARE YARD R•R. SPIKE IN PP _ ELEV. = 24.73' NAVO 29 - --,- - - - S.CONTRACTOR SHALL PROVIDE A SMOOTH TRANSITION BETWEEN PROPOSEDEMARSHNGRADESHTORBEES TO CREATED. AND EL- 6.26' 711 s, ro A9 DATUM DIAGRAM ,y 9 0.35 MLW 0.0 NAVD 29 EDGE OF EXISTING MARSH A H6 PROJECT REFERENCE N0. "SHEET NO. - R/W SHEET NO. I ROADWAY DESIGN HYORAOLICS - ENGINEER ENGINEER NC GRID Langley and McDonald, Inc ' NAD 83 nwmm 97- S5EEEE pp 77 PROFILECH ' - - SWANSBORO. ' TIDAL WETLANDS MITIGATION AREA CONTRACTOR SHALL NOT MOVE OR OPERATE ANY HEAVY MACHINERY IN THIS AREA. ALL WORK. INCLUDING MINOR GRADING AND REMOVAL OF - DEBRIS. SHALL BE PERFORMED BY HAND. , , CONTRACTOR SHALL AVOID ANY DISTURBANCE TO -EXISTING WETLANDS VEGETATION IN THIS AREA. COORDINATE CONNECTION TO EXISTING CONTOUR. AS DIRECTED BY ENGINEER. P I i f OAR t 2 - �gg 9215il1 � 41q - PIG N L7 NN555yCIF�'ASTER FABRRRAP Ni .(-1.5g01 I N/F NY JOSEPH WALSKI E� evo - GRAPHIC SCALE 1"-20' L&M PRO✓ • 1960024-201..00 L&A1 DWG • J06 I • t REVISIONS Swraa�$oeo Mmya'tiol�l 4s'� I .� caR N,z 2 adc�WN� A1NS it/ , fps. 3 OEM���s .. •. . �� ����� ..:... ... T>�iT.1A17.�� IWAS 10W0 I Ins - - - PROFILE CHANNEL - DITCH PROFILE WWA wAqlm 110M ■��ilir�i��i�o� 0��iifiliiHO�� +200 TIVV STA. 21+96 STA. 22+98 +200 STA. VV21 +46 STA. 22+47 j Langley and McDonald, Inc -'Y SWANSBORO TIDAL WETLANDS MITIGATION AREA 5• 0.]5 SECTION A -A N.T.S. 0.]5 L_ 0.50 SECTION B-B N.T.S. to• ai. 15' PCP EL. 0.50 IMV. O.Z. t-1.5a1 L 2 2 2 Q. CLASS 5 RIP-R.P FILTER FABRIC SECTION C-C N.T.S. GRAPHIC SCALES: 10RI2. SCALE: 1"=2020 20 40 60 VERT. SCALE: 1 "=4' ^. f _ 12 LAM PHOJ Af 1960029 201. 00 LAM 9)VG AF 30546-8 rope . of Ex`St�� \GORE 2' P � EDGE HARSH n q c F - MNW v\ot\00) q qoiS�U{N ed E\e p ti nti eo MN l2 • `� °' e A H RS e vibh , . Ols-V W_ np m. •��. A�ege`oW m Ol I "7 2 4 0. Alo ------------- 8.07.0' 10. qj pop So .110 cb b V ^� r _ �, Ks X7G ,a��ZUG --- -- ---- - --- — - -- -- ---- - - y 6, - 2-70 -- ---- — Z Z 5' �YlR. �n9 co I.?a G `\`` �X�S OF r � C� U c1;Ja.G:C cl `y�` GJ ci EDGE M�RSNte� �\7 � - \• �`Q•5 _ F lNb cw =h ^'• PC;CV• h. 6.0 • - ry y P^.-1 l.ryx. It i 1 1 -�+ow i j A p. p, �, wy N/Q f o:... ati' w" ACc: h b • . lb:! �pSE so _ . ' y o "'h. ', ^• oil 6 ; If11 xw :bp. tNGNY K\ Of nor SO pGE lb 010 00) i• MARSH to v`rr a `_�, 1 ,.• :� 'o / IDS A• I _ 9y.' (� ✓' %ham rCb 1i. ' P' !;ai "J.�'J:'; iIiltil �-b ry - - - - o' _ -' 4 ' w' /� A �• moo' ;b?• t• ;�''• in .-�} _ - _ tp '`- TQ aO \(C• i • �OA'y. ^ry,OY,\ _ ry v f ^•.CT L PN. K \ 5 a. co Cb flu Riw I/W h ti 11 h ,',area Disturbed v' \I• Below MHW h z MHW Line N/F JOHN. R. L (2.5' Elevation)° LOIS B.JONES -01 O' 0O' b o� �� •�•� a I,�i ICI I �' \ � }p p✓� —_ - -_ _ : _ - � - r ) E 5 N,:P> �' •' - T-��f— —W_T` -O — May _ PIS o'• o' hfO Z . o 1 � :— 0�� - v�• t �a aJh - _ — fo° ^,.• pro'.- .'� • . _�-------- �_ .�`�°~. _ h 1 a _.. _ .. ...I ..4•_.. _. _....___ _._---------- p ra ,7 Area Disturbed Below MHW ova N/F r 0 JOHN. W DUDLEY r)� Q do oy a� ti ' N Q H W Y °0 2�4 r= v b• T m o EXIST.EDGE OF PAVEMENT PROPOSED R/W EXISTING R/W Gi APNC SCALE 1 If C y of I - \IWI Iki 1=1 a 131 ���• Area Disturbed Below MHW Ati v h � MHW Line N JOHN. ' . R. 6 (2.5' Elevation)o LOIS B.JONES l ti 1q P O\ ZZ - - - - - - -- b� ',!,V4 Area ap,%: Below ' Off• '�' q � _ _ __ __ _ _ _ .O __ _ _ _ �h _ N f N/F b0 JOHN. W. DUDLEY Q, I;��^�� q• 7777 u'1 1 ? t 01 a 3 b v q PO a• b . \ PROPOSED R/■ -_— - — -_ .�. <i•___.-. ........... __-y '.'b: _. -.__posy EXISTING R/W --may ------ =yy - - - - - - - - - - 46 --10 '�y h b •�� q O to �' 1 L - ----- I -------- ' I o� ba o - 0 o EXIST. EDGE OF PAVEMENT — r � N � N� HWY �4 m N bb v o b �• 1 tih ' Area Disturbed ,! Below MHW 'Area Disturbed �¢ Below MHW ° /JDHNMHW Line N. , R. 6 Elevation) LOIS B.JONES . A lb lb r c jyl DWI l � \ ; .P' � � - - - - -p - 'a :=, . ,�:" _ • t.2Q' c Ip� �\I I �" `� Pam\---_ •�_ _ _ — _ _ __ -0 N/F IWI ICI ,\�, - - O j�ti /_ - P - _ - O _ _ �h _ 1° JOHN. W. Dt1DLEv \ �1 ZLI,' f 1bh y h�P r ! _1 Ljn ? I 01 � o � A b �' a -..ram j—--O� _ M�� Pm a• - _ hb \ PROPOSED R/■ bh 'b, 41 7 °O_.. m._-ay _ EXISTING R_/W __ - __ "____ _ - _ _. c'O ..._.I -0hh 1h �a 1 3ElY 10) --------'----------'--------------------- ------- -'Z--------- 'a--------- - �'• D P Nr HWY ?�4 c'--------- 1'--------- 1---°01 ----------=-------- (al vl 0 0 EXIST, EDGE OF PAVEMENT N N GRAw"C SCALE o b"261 0 2 P Area Disturbed Below MHW y' i 'Area Disturbed \• 1 Below MHW 0P ti \` y �. N/F MHW Line JOHN. R. b LOTS B. JONES y �h•.'�• �.'I r mom.• �, .---:::=: _ ,. lY ICI `� !� ' ti°', ^ ; ;� ; ,p• � - - - - - - - - �� �:' _ ,.�s " ' - I JON/F �� h _ b0 HN. W. f I ICI f •,l, °} �� ham' /. s ��r+• o- - .-- � DUDLEY W, ,✓ _- m _��$• oN Q a ZI a N ��ti 1 Ay t \'\ 1 ti \ jr0 1 , • y'a r / p. •, 11 0^ f �. /A -_-- ...may �- - _ — —-------�' - •- ,ram- — -_"_- _� •'3' - -.-�iP-- may. _ _ - ��.--- —_'___'._- ID m ti T N 0 y a h •__________•_________fit_________ o ti o o e -------------------- m-----------'L•---------'�---"---------�--- ----- m EXIST. EDGE OF PAVEMENT ------------------------------- NQ HWY 24 1 10 o_ _________1p'________ to. PROPOSED R/t EXISTING R/W Gb 4-�[o O q O �ZZ 04z - OS Q lh• + 002,E � gal I 5 1+ w r op" ExI,INC P EpGE MARSH R� m F \Gv MNE\e onl plst� W e l2 •`' ` �� �' e �e i Ex vt.IJ,ARSN co / g 1 C� �ry rbDe h r eo pest MNW �_ —_ ^' . - �' • '''• . A ge\o* o I h ' 't ct ' � Lap • � y ,'�'�� ; • l u ��" Io fi to �a - • - - - .�..� xn:. 8.0 �. U 0 ^ n •.v� t �pSEP •\ •�_ gyp:. n • �.,y . lb •IREy .�• ,...���.:ao a• Riw e ."fin . �..�. . ' .' � O�-�,� . • � \\� •� . Cb .. •,: ni a, •fib pper�, b .` ` .:` f`P. I Jv � 0 11dN gN�� tind� Nl �Dy 101 j14N5 ti CO NCDOT/P&E BRANCH I Nov 5 '01 15:25 P. 01 ti STATE OF NORTH CAROLINA DEPARTMENT` OF TRANSPORTATION NOCtLAEL F. EASLEY Go"WWOR' LYNM TSFM UDMARY AX COVER.S1ffE PROJECT DEVELOPMENT & ENVIRONMENTAL ANALYSIS BRANCH DATE: 5 n>W1 NUMBER CALLING a— NUMBER OF PAGES: 3 Please Deliver the Following.IYiges 14... Name: Department or Firm: ` Ncrxr-% Address or Room Number: This fax being sent by: Name: Ct1+kAe �'oc>l Phone Number:; NOTES: Wf- S"W-T MAILING ADORESS: NC DEPARTMENT Of TRANSPORTATION PROJECT DEVE6OPMENT ANO ENNRONMENTAL ANALY5e 15" A"L SERVICE CENTER RxEO.. NO 27599-7548 TELEPnO-E; 919-733.3147 PAR: 979-r33.9794 WEBSTE' "W.DON.00T.STATE.NC.US LOCATION: TR,,B RTATI0M8U1t01MO 1 SOUTH WIlMP1G� nHNC Ll!z f S Of CFki:eYG L, TCH C''El"IfE LINE ;NA? ES EASTNG I STATION cN 6 a Gy EAST. MARSH \ s •" - ■v' NlF \ �y+ HAJi0L0 E. & � ra�y�sN,Q Zl JOAN LKERBER ",,°},. �•••• ya no , ^\ .h4n P 'p. Y o �e � o .� +T m ,- HgEKMOAD WT.GA'." :RiA, is ?t_T� P � � DATUM DIAGRAM EDGE OF LXISlm MARSH n Cl NC GRID 1 NAD B3 Q0 m a . A a n •! • _�\'�� NOTE. • 1Eq' CONTRACTOR SHALL NOT MOVE OR OP. NAVY MACHVfEnY IN THIS AREA. ALL I `f - ' � 9 •'� INCLUDING MINOR CRAOMG AND REMOYi'9 tMMS.SHALL BE PERFORMED BY IIAhf� r f T CONTRACTOR SHALL AVOID ANY DISTUF •- TO EXISTING WETLANDS VEOETANEiT.1ppNN'N� COORDINATE- COCTION' to -EXISTING N r AS DIRECTED BY EKINEER. I 'A:.T'Cl ti ko / t ch ELF. NIF �AyFHOhr JOSEPH KOWALSKI TORS' -CLASS B-RP RAP '12 Sy FILTER FABRIC .UNOE-POOL 10'xl0'1 h5� � SSRr ��I`,, ., . �. � DNA• O N O 1- I, EM nnaL w' o u; �.• �' t,Q NOTFF 90 ► ' - CONTRACTOR T•T 1 ANY NACWWJW IN COUTRACNALL Z: nH'r -..r R/F 2r ( 6r CONTRACTOR Z i •'t: i''� ,,� jam. A. a � O _ � TO EYJSTiN6 1= LOS U,JONES ■ Al C011 A• �• I{ f ,i 1�' P`L . ry CONTOUR AS -'..t .:4f i ,♦ 9. EDGE OF EXISTING MARSH I. 3 v `j•L.i' Vey ^" �� AS •. .- _ ! `.•.tl~..� ai -•• ,.•� .•Fp .. f. � W �ii ._ •W ko ` 't 4�, fit.' • •,1. 0� ry F m ~t' U OF i lTs GRADING y . • d 2.' ,L . �9 .,'.i' •rod' ,'a (,I�'�•�,� 6wi nil ilinlill GROW scat y b w V o ., AND o m E%ISI. EOG£ OF PaYENENi � a i t" A1W • /AfGC�•A'ygp off 11j �0 111 lij y m iii n "n iii IV~ -A381- t D 'nP N > (n .... N... III -........ .....fit ..... • Olf 41 AV ^J : •;q . V ^ li,j.. � •., .... p.9..y.... o^'WA •,•...;'�• s ,�'• ,, � ... ,,.`' •�Ajoff, qo 1 ti0. S.. , ....... �� ,_� I� 'I i� I � \ / \\ .�/// � � \ 1 1 \\� �� __ _`�/ i� 5 r � � 1 FA il a 7. Habitat Description: Al}. P,} s . - 4,sk Coastal Wetlands - Species: Excavated: for culvert: bridge: Filled: for culvert: bridge: 404 Wetlands- Deliniated? Species: Excavated: €er Felve#;-- h*idbp• for culvert: bridge: road: Shallow Bottom - -SA-V�� Excavated: for culvert: bridge: for culvert: bridge: road: High Ground: Species: High Ground disturbance: for culverts: Total CAMA AEC Disturbed: Total area disturbed by project: Primary Nursery Area? 4 163 N � road: road: Mft& road: bridge: road: Includes: Water Classification: 5 J� rk Open for Shellfishing? yes 8. Project Summary: 9. Project Description: Stabilization: Rand 5k0U1dUFVVift: Slepi�it£11j�idt�Y. Project begins: Ends: Page 2 Date: Location: Filled: Filled: 10. Anticipated Impacts: Coastal Wetlands: Coastal Shoreline (buffers): Public Trust Waters: . Shallow Bottom (estuarine waters): 404 Wetlands: Displaced property owners: Construction (temporary) impacts: Erosion: Turbidity: Other: 11. Comments and Recommendations: Possible avoidance and minimization: Minimization measures proposed: Recommendations: Comments: Page 3 Date: Location: 00o 06 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department of Transportation 2. LOCATION OF PROJECT SITE: SR 1176 (20" Street), in Crab Point, north of the Morehead City business district, crossing of Dill's Creek. Photo Index -2000: Photo # 549, grid 17 P 1995: Photo # 532, grid 7-8 G State Plane Coordinates x: 2682650 y: 368050 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-7/9/2001 & 7/10/2001 Was Applicant Present - yes (Jay Johnson, DEO) 5. PROCESSING PROCEDURE: Application Received - 6/14/2001 Office - Morehead City SITE DESCRIPTION: Local Land Use Plan -Carteret County 3 p 06d Land Classification from LUP - Urban Transition/Conservation `� (B) AEC(s) Involved: PT, EW, CS, CW V iciB� (C) Water Dependent: Yes o r! (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Roadway, Culvert Planned - Replacement of culvert, elevation of roadway (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: F.xrnvntPd Fillad [AREA] llthor (A) Coastal Wetlands - Spartlna alterniflora, Juncus roemerianus, 979 sf Distichlis s icata (B) Shallow Bottom 252 sf 168 sf (C) Other - High ground 13,200 sf High ground in AEC 6800 (D) Total CAMA AEC Disturbed: 0.188 acres (0.017 has been previously disturbed) (E) Total area disturbed by project 0.491 acres (F) Primary Nursery Area: Yes (G) Water Classification: SA HQW (H) Open for Shellfishing: NO 8. PROJECT SUMMARY: The N.C. Department of Transportation is proposing to replace the degraded 48-inch culvert with an 87" by 63" aluminum arch culvert and to raise the elevation of the road pavement by, 2 feet. a FIELD INVESTIGATION REPORT NC DOT — SR 1176 PAGE 2 9. PROJECT DESCRIPTION: The site of this proposal is State Road 1176, at the crossing of Dill's Creek in the community of Crab Point, north of the Morehead City business district in Carteret County. The existing roadway is approximately 2 feet in elevation labove the normal high water level. The general purpose of the project is to replace the deteriorating steel culvert with a larger aluminum arched culvert and to raise the roadway 2 feet, to allow for better flow in Dill's Creek and to stop the current overwash of the roadway during storm tides. The culvert crossing at Dill's Creek is flanked with wooded Pine/Gum swamp wetlands, coastal wetlands and residential lawns. This area is primarily residential. The site consists of a 20' wide creek downstream of the crossing. The creek narrows at the culvert and is 8 feet wide upstream of the culvert. The coastal wetland area consists of S artina alterniflora, Juncus roemerianus, and Distichlis s in cats. The adjacent uplands are residential land and are vegetated primarily with various pines, oak, gum, myrtle, centipede grass and St. Augustine grass. Soils in the area include Arapahoe and Augusta fine sandy loams. Dill's Creek is coastal waters at the project site, and is classified SA HQW by the North Carolina Division Of Water Quality. The area is closed to the taking of shellfish for consumption, and is designated as Primary Nursery Area by the North Carolina Division of Marine Fisheries. The Carteret County Land Use Plan designates the project area as Urban Transition, with all CAMA Areas of Environmental Concern designated as Conservation. The proposal is to replace the existing 48" diameter by 51' long culvert with an 87" by 63" diameter by 70' long corrugated aluminum structural plate pipe arch (culvert) on the existing alignment. The roadway will be raised from its current elevation of approximately 2' above the normal high water contour line to approximately 4' above the same. The additional 19' length of culvert is required to accommodate the fill slopes for the elevated road. The road pavement will be widened 2' (to accommodate State and Federal Highway Safety Standards) and the shoulders will be maintained at the current 10 feet. The slopes have been minimized to a 1 'h: 1 slope with riprap stabilization. Best Management Practices will be used to minimize erosion and control sedimentation. The 30' buffer requirement implemented by the Coastal Resources Commission does not apply to this proposal, as bridges and culvert crossings were determined to be water dependent uses. n FIELD INVESTIGATION REPORT NC DOT — SR 1176 PAGE 3 10. ANTICIPATED IMPACTS: As proposed, the replacement of the existing culvert with an aluminum arch culvert and raising the elevation of the roadway 2 feet will result in the following impacts: Approximately 420 square feet of shallow estuarine bottom will be excavated and filled by culverts and riprap surrounding the culverts; approximately 979 square feet of coastal wetlands will be filled for the slopes of the road shoulders; approximately 739 square feet of the 1399 square feet of impacts will occur to wetlands and ground that has previously been filled with riprap. Approximately 6,800 square feet, of the 20,000 square feet of high ground that will be graded, filled or excavated for the roadway and paving, is in the CAMA Coastal Shoreline Area of Environmental Concern. The resulting impervious area within the Coastal Shoreline AEC will be an additional 1000 square feet of paved surface. No navigational use of the area can occur presently, and this use will be neither expanded nor enhanced. The hydrology of the upstream portion of Dills Creek was greatly reduced by the original placement of this culvert crossing. The opening of the culvert will increase by approximately 267 % with this proposal. The NC DOT has reduced the estuarine system fill impacts associated with this proposal by using steep shoulders to be stabilized with riprap. There is a high probability of turbidity expected during the replacement of the culvert. Stringent sedimentation/erosion control measures are proposed to minimize this impact. The primary use of State Road 1176 is for ingress and egress of local residents. The replacement of the culvert and raising the road 2 feet will upgrade the crossing to improve safety of traffic movement and comply with state safety standards for secondary roads. The collective disturbance area for the project is 0.491 acres. Bill Arrington July 13, 2001 Morehead City s„ SWANSBORO MITIGATION SITE FINAL MITIGATION PLANNING REPORT T.I.P. Number R-2105 WM DEC 0 6 2000 North Carolina Department of Transportation Project Development and Environmental Analysis Branch One South Wilmington Street, Post Office Box 25201 Raleigh, NC 27611 Issued: November 2000 1.0 INTRODUCTION & GOALS The North Carolina Department of Transportation (NCDOT) proposes to construct a low marsh compensatory mitigation site at Swansboro, North Carolina. This site will be used as compensatory mitigation for future impacts to marsh communities and essential fish habitat in the White Oak River Basin. The Swansboro Mitigation Site is located on the White Oak River, just north of the intersection of Elm Street and NC 24 (Figure 1). The site totals 0.63 acre that includes 0.16 acre of existing marsh fringing the high ground. The objective of this project is to provide for future marsh mitigation credit in the White Oak River basin. The mitigation concept for this site focuses on maximizing the restoration of low marsh. Therefore, this project involves the excavation of uplands to appropriate elevations for the establishment of emergent tidal marsh. A plunge pool will be constructed at an existing stormwater outfall along the southern property line. The plunge pool will provide for the attenuation of stormwater prior to entering the existing tidal mars White Oak River from the NC 24 stormwater outfall.4 2.0 PROJECT APPROACH 7DEC0 6 2000 The Swansboro site will be designed to maximize the restoration of low, emer of %ilaK marsh. Therefore, site grading and planting plans attempt to maximize these objectives while taking into account the constraints imposed by adjacent properties and the existing marsh. Plan and cross sectional views of the Swansboro site are included as Figures 2 and 3. Existing on -site plant species or "biological benchmarks" were used to identify the vertical positions of planting zones. The plant selection for the mitigation area is consistent with the flora found on or in the immediate vicinity of the site. 3.0 EXISTING CONDITIONS/ELEVATIONS The existing 0.41 acre site consists of two community types; an upland area previously partitioned into three residential that is adjacent to NC 24 and an existing tidal marsh with low and high marsh components. The upland portion of the site is 0.25 acre in size. The houses existing on the property have been demolished and removed by NCDOT. A marsh area, totaling 0.16 acre in size, fringes the existing upland transition and is dominated by marsh species. Existing site elevations range from 0.58 feet along the lower limits of the existing salt marsh to 13.87 feet at the NC 24 right of way that occurs along the western boundary of the site. The average existing site elevation is approximately 7.00 feet. Swansboro Mitigation Site November 2000 Final Mitigation Plan Page 1 of 4 Salinity data provided by NCDOT for the Swansboro area indicates values that range from a low of 4 ppt to a high of 30 ppt. This broad range is reflective of the local hurricane activity during the two months for which data was collected (A - -- September 1998). 4.0 PROPOSED SITE DESIGN PDEC 0 6 2000 Stormwater from NC 24 will be attenuated by constructing a 10' x 10' plung pd8 M" , the pipe outlet. A proposed 0.5 foot deep channel will connect the proposed plunge poo to the White Oak River. A concrete headwall will be constructed at the end of the outfall pipe to retain the existing slope. Biological benchmarks were established by installing two transects which ran from lowest to highest elevations within the existing marsh. Sample points were selected along each transect to represent the lower and upper boundary of the low and high marsh. Plant species were inventoried, and the elevation of each sample point was obtained by survey. The plant species and elevations selected for the wetland creation project resulted from the use of the biological benchmarks. Site grading will be designed to slope down from the proposed NC 24 road right-of-way to an elevation of 1.20 feet. This elevation was determined to be the approximate upper limit of the low emergent marsh based on the biological benchmarks collected on -site. The site will continue sloping downward to an elevation of 0.32 feet. This elevation is mean low water elevation and the top of bank elevation for the proposed channel. 4.1 Low Marsh Hydrology to the site will be provided by the construction of a channel through the site. The channel has been designed to originate from an open -water location along the northern site boundary and continue throughout the interior of the site toward the western property line (Figure 2). The bottom of the channel has been set at an elevation of -0.65. Construction of this channel necessitates extending the channel through a small portion of the existing marsh. Impacts have been minimized by limiting grade work to hand removal. As a consequence, 0.012 acre of low marsh will be converted to open water, and 0.028 acre will be impacted by hand clearing. The area converted to open water will be mitigated for on -site. The low marsh component of the mitigation site will be planted with smooth cordgrass (Spartina alterniflora). The elevation of the plantings range from 0.35 to 1.20 feet. The restored low marsh totals 0.29 acre in size. 4.3 High Marsh Swansboro Mitigation Site Final Mitigation Plan November 2000 Page 2 of 4 A small area of high marsh has been proposed between the low marsh area and the upland buffer area. The high marsh component, consisting of saltmeadow (Spartina patens), will be planted at an elevation of 1.20 feet to 2.00 feet. The restored high marsh component of the site totals 0.04 acre. 4.4 Upland Transition, Zone 4 An upland transition area will exist from the high marsh community to NC 24. This zone will be located along NC 24 and the eastern property line. Two shrub species, marsh elder (Iva frutescens) and wax myrtle (Myrica cerifera), will be planted. Bal (Taxodium distichum) will be planted along NC 24. 5.0 MONITORING PROCEDURES LDEC 0 6 2000 Emergent marsh vegetation will be monitored at randomly located samplA pEME GIS software. The location of the sample plots in the field will be determined using realtime GPS. A minimum of ten 1.0 mZ sample plots will be located in the planted areas. Vegetation at the site will be monitored for five years, or longer as necessary, following the completion of planting. Hydrologic monitoring protocols will involve the use of a surface water monitoring gauge located within the larger restored area of the site and a second gauge located in open water seaward of the existing marsh. Hydrologic data will be collected for three years after construction or until success criteria are met. 6.0 SUCCESS CRITERIA The success of the marsh creation project will be evaluated using the frequency and average percent cover of emergent herbaceous vegetation. The site will be considered a success if the calculated value for frequency is 0.5 and the calculated value for average percent cover is at least 80% by the end of the fifth growing season. Frequency will be determined by f=n,/n,, where f—� frequency, n,= number of plots where emergent herbaceous vegetation occurs, and n,= total number of plots. Average percent cover will be determined by c=Z�n, where c= average percent cover, E. = the sum of estimated foliar cover for all plots, and n= the total number of plots. If Phragmites appears in any monitoring period, in more than two sampling plots, then the NCDOT will consult with the U. S. Army Corps of Engineers to develop potential control measures. The site will be considered hydrologically successful when the hydrology of the site is flooded twice daily with elevations and durations consistent with those outside the mitigation area. Success will be determined from data taken from a surface water monitoring gauge located in the site. It is expected that the surface water (flooding) regime will be the same as that measured for the biological benchmarks for smooth Swansboro Mitigation Site November 2000 Final Mitigation Plan Page 3 of 4 cordgrass (Spartina alternii lora), since the plant community's zonation reflects long term tidal fluctuations. 8.0 ESSENTIAL FISH HABITAT Effective fish habitat (EFH) is defined in the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) as "those waters and substrate necessary to fish for spawning, breeding, feeding or growth or maturity." Marsh habitat provide areas for fish spawning, breeding, feeding or growth or maturity. The NCDOT believes that the Cedar Point Mitigation Site will provide mitigation for future impacts to EFH. DEC 0 6 2000 9.0 CONCLUSIONS The Swansboro Mitigation Site will provide "up front" mitigation credit fbeAtWfe '" impacts to marsh communities resulting from road projects. The NCDOT understands that risks are involved in constructing the site without identifying a mitigation "need" at this time. As mentioned earlier, impacts to the existing marsh community area necessary to connect the project hydrologically to the existing marsh. Impacts have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.012 acre from conversion to open water, and 0.028 acre impacted will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on -site, and does not intend to mitigate for areas impacted by hand clearing. Table 1 summarizes marsh mitigation credits that will be generated by constructing Swansboro Mitigation Site. Credits at the site are "restoration". 'Table 1. Summary of Mitigation at Swansboro Mitigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alternii fora 0.28 acre* 0.14 acre* High Marsh Restore S. patens 0.04 acre 0.02 acre Totals 0.32 acre* 0.16 acre* "*"indicates that 0.012 acre (at 1:1 ratio) of low marsh has been debited from this total to compensate ror consoucoon reramu impacts to existing marsh community. Swansboro Mitigation Site Final Mitigation Plan November 2000 Page 4 of 4 rluuAt i Robinson i i �I to� i � arty/ COA6TAL MANAGE ENT MOREHEAD N 1 � if n �� `• ti t U Swansbora / 5 , // - �� m ua ♦ ; \ "� 1 -Lights Oaybeetoh b'r�J _ 3 o bt SOURCE: USGS SWANSBORO & HUBERT, NORTH CAROLINA 7.5 MINUTE QUADRANGLE. SCALE: 1"=2000' SWAN55o¢.�o Mcri�,A-naf map �, E-�.�oi Wnr. ,s. SW41JSP_cP,o tv�t'Sic-,OZY-!J �s�- 1 TIP No alos w 1.1oJEontSE�- �Qc'c> GV McRS'� �gtp¢at1oN McL,1 ftvr aQ ATc" Er/a�ay o-erg AG O-fT• To 'V LIMITS OF GRADING — CITY OF SWANSBORO CHANNEL AND DITCH CENTERLINE CMROINATES PAVEIAEp OF PT.# NORTHING EASTING STATION 1 2 3 347.22 .93 34 .210. 75 347.219.78 2.565. 4.3 2.565.439.93 2.565.464.48 10+00 10+87.31 11+14.83 4 347. 47. 39 2.565.486.26 11 2.00 347. 177.43 2.565.482.4 1 +00 6 7 347.1 3.86 347.26 .01 2.565.487.33 2.565.506.23 10 8.1 10+89.46 NOTES 1.EXISTING STRUCTURES ARE TO BE REMOVED PRIOR TO CONSTRUCTION OF THE MITIGATION AREA. 2-SEE SHEET 3. FOR PLANTING PLAN 6 NOTES 3.SEE PROJECT SPECIAL PROVISIONS FOR EXCAVATION AND GRADING REQUIREMENTS. 4.BENCH MARK: -L- STA. 17+07 67' LT R.R. SPIKE IN PP ELEV. - 24.73' NAVD 29 5.CONTRACTOR SHALL PROVIDE A SMOOTH TRANSITION BETWPROPEEN OSEDEMARSHNGR DESHTORBEES TO CREATED- AND ABBREVATIONS IFSO - ONE STORY FRAMED DWELLIN EIP - EXISTING IRON PIN R/W - RIGHT-OF-WAY EL - ELEVATION STA - STATION N/F - NOW OR FORMERLY RCP - REINFORCED CONCRETE PIPE Sy - SQUARE YARD EIP ,hh EXIST. MARSH N/F HAROLD E. d �01 JDAN E. KERRF 6, EL- 6.26' as 4a as as DI :a DATUM DIAGRAM HW 0.35 MLW 0,0 NAVD 29 EXISTING EIP 1 a6 N/F 'HONY JOSEPH KOWALSK I TICH NC GRID AD 83 �fao col . � O Icn TIDAL SWANSBORO METLANDS MITIGATION AREA AREA, �` Cqq l2� 4! t W.t� DEC 0 6 2000 GRAPHIC SCALE 20 20 1"•20' - veok22f 20 40 60 L6A/ OAvC . ,70546-A REVISIONS swbj,l sops Mrs G^-n"C j 4s`T4_ -T*Ip taQ Q aLos-WM c;LL1� 3 CI_SIi.1.I:IF.70ra"a w r,71, �ww■��w�ww��w wr�i�ww�www1w"w www�w��wwww �yww�wwww�w��w ��iw��wwwa�ww�w wwwww.aw�awww�� ww■�ww��e��r�i�ww�� �����www�����w�w ww■��wf� .._. 2� ww�■ww��w���w■� ww�w�w�w��w��ww�� � �w�wwwaw�ww��ww�w w���w�ww■��rr� ���w�ww�www�ww■wwww■�www�wwwra ■ .. ww�w���wwwww� wwwww��wwwidr� iw��wwwww���w wwwwwir���wi�©� w�w��wowwws��w 10+00 111. 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SCALE: 1"=20'0 20 40 VERT. SCALE: 1"=4' L6N PHO✓ ff 1960024-201. 00 Lam OMG A' $WA11S'P�o MiZ1�4'SY-y.1 �- -Tip Np aLcS wl`^ �cMS4Q- ��o Cc-"�QNIn cwW tAA W m' Quv"ct4 liki&AA " ptc,-GQQAi%'0v4 :W-il 'V LIMITS OF GRADING — CITY OF SWANSBORO CHANNEL AND DITCH CENTERLINE COORDINATES PT.# NORTHING EASTING STATION NOTES 1.EXISTING STRUCTURES ARE TO BE REMOVED PRIOR TO CONSTRUCTION OF THE MITIGATION AREA. 2.SEE SHEET 3 FOR PLANTING PLAN d NOTES 3.SEE PROJECT SPECIAL PROVISIONS FOR EXCAVATION AND GRADING REQUIREMENTS. 4.BENCH MARK: -L- STA. 17+07 67' LT R.R. SPIKE IN PP ELEV. - 24.73' NAVD 29 S.CONTRACTOR SHALL PROVIDE A SMOOTH TRANSITION BETWEEN TO REMAIN PROPOSED EMARSHNGRADESHTORBEECREATED- AND �h 7 D ABBREVATIONS PAVDAM OF EIP q �h EXIST. MARSH N/F HAROLD E. & 0'\ JOAN E. KERBI IFSD - ONE STORY FRAMED DWELLING EXISTING HWAY PIN RI /W - RIGHT-OF-WAY EL - ELEVATION STA - STATION N/F - NOW OR FORMERLY RCP - REINFORCED CONCRETE PIPE SY - SOUARE YARD i R/W SHEET NO. ' ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER DGE OF EXISTING , MARSH NC GRID Langley and McDonald, In ti NAD 83 �--• �^ ^^� WN r.: h9 ^ry CH S5EEPRVU..� EE 77 4 SWANSBORO TIDAL WETLANDS MITIGATION AREA A EL- 6.26' DIDI DATUM DIAGRAM 2.5 HW. :1 0.35 MLW O_n NAVO 29 EIP 6A K NOCO NOT TE: HEAVYMACHINERYIN THIIV THIS AREA. E OR OPERATE ALL WORK. INCLUDING MINOR GRADING AND REMOVAL OF DEBRIS. SHALL BE PERFORMED BY HAND. CONTRACTOR SHALL AVOID ANY DISTURBANCE TO WETLANDSTHIS AREA. COORDINATEGCONNECTIONVTATIOTOEEXISTINGNCONTOUR. AS DIRECTED BY ENGINEER. N/F HONY JOSEPH KOWALSKI 46 �� 6 L&M DEC 0 6 2000 GRAPHIC SCALE 1"-20 20 0 40 6j 1960024-20/00 L&M OWG • JO Re: [Fwd: NC 24 (Section AB) and mitigation sites) Subject: Re: [Fwd: NC 24 (Section AB) and mitigation sites] Date: Thu, 14 Dec 2000 16:11:21 -0560 From: Cathy Brittingham <Cathy.Brittingham@ncmail.net> Organization: NC DENR DCM To: Tere Barrett <Tere.Barrett@ncmail.net> CC: Kelly Williams <Kelly.Williams@ncmail.net> Tere, Here are some outstanding questions/issues that might come up when you talk to Philli tomorrow: ' 1. At the Cedar Point site, DOT will be creating a new channel through existing marsh. DOT needs to know how much of the impacts to existing marsh caused by creatio of the new channel need to be substracted from available mitigation at the site. Kel and I told Phillip we thought it would be reasonable to subtract the permanent impact i.e. the channel itself. Temporary wetland impacts caused by machinery, trampling, etc. in creating the channel would not be subtracted provided that temporarily impact areas reattain their jurisdictional wetland status. Monitoring of temporarily impact areas would be a permit condition. I told Phillip I would check to see if you agreed with this approach. What do you think? 2. Condition #2 of CAMA Permit No. 52-00, NC 24 from Swansboro to west of the NC 58/ 24 intersection, R-2015AA, reads as follows: "Prior to completion of the AA Section of NC 24, the permittee's mitigation proposal must be accepted by the N.C. Division of Coastal Management (DCM), in coordination with the U.S. Army Corps of Engineers (COE) and the N.C. Division of Water Quality (DWQ), or the applicant must perform oth mitigation to replace the loss to be incurred by this structure, with the approval of DCM, COE and DWQ." DOT proposed use mitigation at the Bogue Sound Tidal Marsh Restoration Site. DOT stated in their permit application letter th they would forward a topographic map of elevations and planting limits when the information on the site is collected. I don't think we ever received this information. Prior to issuing the CAMA permit, you and Kelly expressed some concerns about whether the Bogue Sound site provides acceptable mitigation for all of the impacts associated with CAMA Permit No. 52-00. Specifically, there is a question about -whether they have the right amount of low marsh there to cover their impacts. If you like, I can take yours and Kelly's recommendations and draft a lette to DOT explaining our position on the suitability of the Bogue Sound site for mitigation of impacts associated with CAMA Permit No. 52-00. This is something that Phillip might ask you about. I'hope the meeting with Phillip goes well. Please let me know if I can help with anything. Have a great weekend! Cathy Tere Barrett wrote: > Don't worry about not attending, Cathy. But I really can't have the meeting on the > phone before the meeting. The reason I couldn't do it on the phone to start with > is because I need to look at the plats with Phillip and compare to the app. Really > not something I can do over the phone with this project. But as a generalization, > the things that we are going to discuss are the standard issues around a major > permit - consistency between app and plats; having every part of the development 1 of 4 1 12/15/00 8:15 AM Swansboro and Cedar Point Mitigation sites Subject: Swansboro and Cedar Point Mitigation sites Date: Thu, 28 Oct 1999 14:14:28 -0400 From: Kelly Williams <Kelly.Williams@ncmail.net> Organization: NC DENR DCM To: Tere Barrett <Tere.Barrett@ncmail.net> CC: Cathy Brittingham <Cathy.Brittingham@ncmail.net>, Doug Huggett <Doug.Huggett@ncmail.net> Tere: Yesterday, October 27, 1999, Cathy Brittingham and I attended site visits to the Cedar Point and Swansboro mitigation sites. The site visits were led by DOT (Phillip Todd and Randy Wise) and the consulting firm working on the projects. In attendance were: Wildlife Resources Commission (William Wescott and David Cox), DWQ (John Hennessy), DCM (me and Cathy), COE (David Timpy), NMFS (Ron Sechler) and USFWS (Tom McCartney). I wanted to make you aware of a couple of minor changes to the concept reports dated July 1999. NCDOT re -iterated that both of ' these sites are for future mitigation. Cedar Point: _ 1. The corrected number for mean high water is 2.50 feet. Mean low water is 0.35 feet. These were incorrect in the plans. 2. The revised channel depth is 1 foot (an elevation of -0.65 feet) instead of 2 feet deep at an elevation of -1.65 feet. (page 2). The side slope of the channel is now 1:4. 3. In figure 2 the channel should be drawn as open all the way through. Their figure indicates a constricted area- that's not the intended design any longer. 4. There was discussion on what kind of credit NCDOT can get for the small tidal creek channel. It has habitat value and in my opinion makes it a better site overall potentially. I don't have a problem adding it to the marsh acreage since it's so small. They can't intentionally make the channel on future sites wider to avoid having to monitor or plant them though. The tidal creek or swale channels should be a minimum size I to remain open and provide habitat for fish and wading birds, but should not be too large for the scale of the site. Monitoring plots will be randomly located using GIS and GPS to monitor vegetation success. Plots falling in the creek/swale should be omitted. 5. Impacts to existing marsh will be minimized by locating the tidal creek channel outlets at the narrowest points in the marsh. When they apply for a permit to do this: The small impacts should be subtracted from the mitigation acreage available at the site at a 1:1 ratio. 6. This was not brought up at the meeting but we have discussed it before. They are proposing restoration rather than creation. After seeing the site I recommend it be considered restoration as well. It appears that fill was deposited on this site a long time ago and it quite possibly used 1 of 3 L012? 9/9 I I Swansboro and Cedar Point Mitigation sites to be a marsh. This can be re -addressed at the time this project is permitted as you see fit. 7. They intend to apply for a CAMA major to protect the peninsula on the western edge of the property perpendicular to the bridge over the White Oak. Areas are actively eroding through to the existing marsh and this erosion likely would threaten the integrity of the restored marsh if this peninsula were left alone. A remnant breakwater is there, but has deteriorated. NCDOT intends to come up with a proposal to armor the peninsula. Ron Sechler recommended an off -shore breakwater as an environmentally appropriate method of stabilizing the shoreline of the peninsula. The reviewing agencies thought this was a good idea and recommended NCDOT consult with Tracy Skrabal and/or NC Sea Grant on how to construct an off -shore breakwater to make the protection as natural as possible. It was mentioned that DOT could possibly create/restore additional marsh behind the breakwater that would count towards their mitigation credits. Should they indeed apply for this permit, it should be strongly recommended that NCDOT discuss options with the Coastal Federation or NC Sea Grant. Swansboro site: 1. Same changes for the channel depth and elevation as for Cedar Point. 2. There has been a change for the tidal creek and stormwater channel design. The stormwater channel is almost the same as it is in the plan. There will be an energy dissipating plunge pool and a level spreader for stormwater before it enters the channel. The tidal creek is now separate from this channel. The channel is smaller and shorter than the one in the plan. 3. DOT plans to apply for a CAMA major permit for planned maintenance/improvements to the stormwater channel. David Cox is concerned that the stormwater channel is going to carry water directly into the river as indicated on the figure in the current plan, and that current plans make it look like construction will occur through the existing fringe marsh to open water. The consultant stated that existing marsh will not be disturbed, and that he would revise the plans for the stormwater channel to more specifically show the contours and elevation of the existing fringe marsh. When NCDOT applies for a permit for this site we need to carefully look at their plans to be sure they are not impacting an unreasonable amount of existing marsh and that they are not carrying water directly to the river without letting it first filter through some buffer vegetation. 4. There were questions about allowing NCDOT to use transplanted marsh plants for these sites. I have e-mailed Doug and Charles about this issue. NCDOT says that their method of transplanting is to harvest a 10 square foot area and then move 50 feet away to harvest another area. Charles' response has been that if the harvesting is in a large area we 2 of 3 10/29/99 8:38 AM Swansboro and Cedar Point Mitigation sites would not allow it. I just want to know DCM's position and reasoning. Do you have any experience with this? If you have any questions let me know. If you can answer some of these questions, that would be helpful. Otherwise this is for your information to keep you updated. I hope you have copies of these plans. If not, I will tell Phillip to get them to you. Thanks! Kelly Williams <Ke11XWi11iams@ncmai1.net> Wetland Restoration Specialist NC Division of Coastal Management DENR 3of3 10/29/99 8:38 Alvf December Mr. W.D. Gilmore North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1543 Subject: Dear Mr. Gilmore: ,1 Nicchhaei F. Easley. Governor luM1 Illiram G. Ross, Jr., Secretary Department of Envi ent and Natural Resources J GreAry J. Thorpe, Ph.D., Acting Director Division of Water Quality DEC 2 1 2001 DIVISION OF COASTAL MANAGEMENT EXEMPTION Stormwater Project No. SW8 011211 NC DOT TIP NO R-2105 WM Swansboro & Cedar Point Carteret/Onslow County Office The Wilmington Regional Office received a copy of the CAMA Major Permit Application for constructing a mitigation site on December 13, 2001. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your prof ect will not require a stormwater management permit. If the subject project disturbs five acres or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter, please contact Ms. Linda Lewis at (910) 395-3900. Sincerely, Rick Shiver RS/azl: S:\WQS\STORMWAT\CAMA\011211.Dec Water Quality Regional Supervisor cc: Morehead Cama, DCM Katrina Marshall, Carteret/Onslow County Inspections Doug Huggett, DCM Wilmington Regional Office Central Files N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623.7748 n J CEDAR POINT MITIGATION SITE FINAL MITIGATION PLANNING REPORT T.I.P. No. R-2105 WM North Carolina Department of Transportation Project Development and Environmental Analysis Branch One South Wilmington Street, Post Office Box 25201 Raleigh, NC 27611 Issued: November 2000 DEC 0 7 2000 1.0 INTRODUCTION & GOALS I I DEC 0 7 2000 The North Carolina Department of Transportation (NCDOT) proposes t caa>s�x8tREti marsh compensatory mitigation site at Cedar Point, North Carolina. This • CJR as compensatory mitigation for future impacts to marsh communities and essential fish habitat in the White Oak River Basin. The Cedar Point Low Marsh Mitigation Site is located on the northeast side of NC 24, at the south end of the bridge crossing the White Oak River (Figure 1). The site totals 14.34 acres which includes an upland peninsula, 1.07 acres of upland adjacent to NC 24, and 12.92 acres of an existing tidal marsh community. The mitigation concept for this site focuses on maximizing the restoration of low marsh. Therefore, this project has been designed to include the following components; 1) excavating uplands to appropriate elevations for the establishment of low tidal marsh, 2) constructing a breakwater structure and 3) creating a channel to provide tidal exchange throughout the mitigation area and insure long-term success. 2.0 PROJECT APPROACH The Cedar Point mitigation site has been designed to maximize restoration credit of low marsh. Site design for the Cedar Point mitigation site considers the constraints imposed by adjacent properties and the existing marsh. A channel has been designed to originate from an open -water location along the western site boundary, continue throughout the interior of the site and exit at an open -water location along the eastern property line. Existing on -site plant species or "biological benchmarks" were used to identify the vertical positioning of planting zones, while species selection for each zone is consistent with the flora found on or in the immediate vicinity of the site. Plan and cross sectional views of the Cedar Point site are included as Figures 2, 3, and 4. 3.0 EXISTING CONDITIONS/ELEVATIONS The existing 14.34 acre site consists of two community types; an upland area that is adjacent to NC 24 and includes the peninsula area, and approximately 12.92 acres of an existing tidal marsh with low and high marsh components. The existing upland portion of the site is dominated by early succession grasses and shrubs. The area adjacent to NC 24 appears to be irregularly maintained. Smooth cordgrass (Spartina alternii fora) dominates the existing marsh component of the site. Other plants that are part of this community include grasses and shrubs such as wax myrtle (Myrica cerifera). Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 1 of 4 Existing site elevations range from 0.07 feet along the lower limits of the existing salt marsh to 7.00 feet +A at the NC 24 right of way that occurs along the southern boundary of the site. The average existing site elevation is approximately 5.00 feet. Salinity data provided by NCDOT for the Cedar Point area indicates values which range from a low of 7 ppt to a high of 30 ppt. This broad range is most reflective of the local hurricane activity that occurred during the two months for which data was collected (August to September 1998). Iy1 a Im 4.0 BREAKWATER STRUCTURE Y a DEC 0 7 2000 The existing peninsula protects the existing marsh community from winds b1c W110 across White Oak River. The peninsula will be replaced with a backwaters ctu e"%oRAHE NAGp ME The structure will consist of Class I Rip Rap underlain with filer fabric. The location and a cross section of this structure can be found on Figure 3. 5.0 PROPOSED MITIGATION COMMUNITIES Two transects were used to established biological benchmarks. These transects extended from lowest to highest elevations within the existing marsh. Sample points were selected along each transect to represent the lower and upper boundary of the low and high marsh. Plant species were inventoried, and the elevation of each sample point was obtained by survey. The plant species and elevations selected for the marsh restoration effort resulted from the use of the biological benchmarks. 5.1 Low Marsh Hydrology to the site will be provided by the construction of a channel through the site. The channel has been designed to originate from an open -water location along the western site boundary, continue throughout the interior of the site and exit at an open -water location along the eastern property line (Figure 2). The bottom of the channel has been set at an elevation of -0.65. Construction of this channel necessitates extending the channel through a small portion of the existing marsh. Impacts have been minimized by limiting grade work to hand removal. As a consequence, 0.038 acre of low marsh will be converted to open water, and 0.072 acre will be impacted by hand clearing. The area converted to open water will be mitigated for on -site. The low marsh component of the site, consisting of smooth cordgrass (Spartina alternii fora), will be planted within the elevation range of 0.35 to 1.20 feet. This planting will occur on both the seaward and landward sides of the channel (Figure 2), as well as to the northeast of the proposed breakwater (Figure 3). The low marsh restoration component totals 0.38 acre. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 2 of 1+ 5.2 High Emergent Marsh A high marsh area has been proposed above the low marsh areas. The proposed high marsh area extends on the landward side of the channel as a transition between the low marsh and upland. The proposed elevation of the high marsh component lies between an elevation 1.20 to 2.00 feet. Species planted within this community type include saltmeadowi patens). The high marsh restoration area totals 0.42 acre. i 5.3 Upland Transition OE0 0 7 "" An upland transition area will be planted above the 2.0 elevation of the high ��{ p�pNAGEMI 7�0 EHEAD marsh. This zone will be located along NC 24 and the eastern property line. species, marsh elder (Iva frutescens) and wax myrtle (Myrica cerifera), will be planted. Bald cypress (Taxodium distichum) will be planted along NC 24. 6.0 MONITORING Emergent marsh vegetation will be monitored at randomly located sample plots using GIS software. The location of the sample plots in the field will be determined using realtime GPS. A minimum of ten 1.0 mZ sample plots will be located in the planted areas. Vegetation at the site will be monitored for five years, or longer as necessary, following the completion of planting. Hydrologic monitoring protocols will involve the use of a surface water monitoring gauge located within the larger restored area of the site and a second gauge located in open water seaward of the existing marsh along the east side of the peninsula. Hydrologic data will be collected for three years after construction or until success criteria are met. 7.0 SUCCESS CRITERIA The success of the marsh creation project will be evaluated using the frequency and average percent cover of emergent herbaceous vegetation. The site will be considered a success if the calculated value for frequency is 0.5 and the calculated value for average percent cover is at least 80% by the end of the fifth growing season. Frequency will be determined by f=nJny, where f= frequency, nx= number of plots where emergent herbaceous vegetation occurs, and ny= total number of plots. Average percent cover will be determined by c=E jn, where c= average percent cover, E, = the sum of estimated foliar cover for all plots, and n= the total number of plots. If Phragmites appears in any monitoring period, in more than two sampling plots, then NCDOT will consult with the U. S. Army Corps of Engineers to develop potential control measures. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 3 of The site will be considered hydrologically successful when the hydrology of the site is flooded twice daily with elevations and durations consistent with those outside the mitigation area. Success will be determined from data taken from surface water monitoring gauges located in the site. It is expected that the surface water (flooding) regime will be the same as that measured for the biological benchmarks for Spartina alternii fora, since the plant community's zonation reflects long term tidal fluctuations. 8.0 ESSENTIAL FISH HABITAT Effective fish habitat (EFH) is defined in the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) as "those waters and substrate necessary to fish for spawning, breeding, feeding or growth or maturity." Marsh habitat provides areas for fish spawning, breeding, feeding or growth or maturity. The NCDOT believes that the Cedar Point Mitigation Site will provide comsatory mitigation for future impacts to EFH. F IV F If 9.0 CONCLUSIONS L DEC 0 7 2000 , The Cedar Point Mitigation Site will provide "up front" mitigation credit for J OWAL MANAGEMENT impacts to marsh communities resulting from road projects. The NCDOT i luderstallaBEHEAD that risks are involved in constructing the site without identifying a mitigation "need" at this time. As mentioned earlier, impacts to the existing marsh community area necessary to connect the project hydrologically to the existing marsh. Impacts have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.038 acre from conversion to open water, and 0.072 acre will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on -site, and does not intend to mitigate for areas impacted by hand clearing. Table 1 summarizes marsh mitigation credits that will be generated by constructing Cedar Point Mitigation Site. Credits at the site are "restoration". Table 1. Summary of Mitigation at Cedar Point Mitigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alternii fora 0.34 acre* 0.17 acre* High Marsh Restore S. patens 0.42 acre 0.21 acre Totals 0.76 acre* 0.38 acre* "•" indicates that 0.038 acre (at L t ratio) of low marsh has been subtracted from this total to compensate for construction related impacts to existing marsh community. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 4 of It FIGURE 1 �1� I 7., V� 3Y !J t SEC 0 7 •f SACI IXXSo msoni 11 A C_ ` �o Pt am is ' {\ i • •�\ p \ if <n eee� n �.a• °aoo � 1 I 3y ,� u. .�•. ` ..o 17 J I `< � n � as• � - � I 1�� Isla 2 �•'Swansboro � s ah o oli is DayDeaYk it coe \\\ Dots =r � 4. c e r "1� a .�� t, • � ... Light a _. >,_, �.: .ter__•. r SOURCE: USGS SWANSBORO & HUBERT, NORTH CAROLINA 7.6 MINUTE QUADRANGLE. SCALE: 1"=2000' C,p(ZpI0j.M MITIeATiW �jP �• Q—.i�OSWM NO. (` M2_ S;%TC. TAP n�o. E-aLcSWM ticuF.onl�Ci 2 � �, Cav Psc� CC.MIH.U�.fl� TCF�'C- ¢Jt,StOQ.C1TiOAi Q,43tfR.�TSCN EXISTING R/W R/X SnGti rvo. ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER Iw IR z DEC D 7 i COASTAL MANAGEMENT MOREHEAD CEDAR POINT TIDAL WETLANDS MITIGATION AREA /P CONTRACTOR SHALL NOT MOVE OR OPERATE O- �� ANY MACHINERY IN THIS AREA. ALL WORK. INCLUDING MINOR GRADING AND REMOVAL OF DEBRj RFORMED BY HAND. CONTRACTOR LSHALL BE EAVO D ANY DISTURBANCE TO EXISTING WETLANDS VEGET+ IN THIS AREA. COORDINATE CO NECTIONATION TO EXISTING I CONTOUR, AS DIRECTED BY THE ENGINEER. i� N/F JOHN. W. DUDLEY OF �i1R4 % _aL .II PROPOSED R/W EXISTING R/W I. SEE PROJECT SPECIAL PROVISIONS FOR EXCAVATION - GRADING REOUIREMENTS. GRAPHIC SCALE P-20 2. BENCH MARK: -L- STA. 67-04 43' RT 20 20 40 60 R.R. SPINE IN PP ELEV.= 5.68' NAVO 29 4. CONTRACTOR SHALL PROVIDE A SMOOTH TRANSITION EXISTINGBETWEEN GRADES TO REMAIN PROPOSEDMARSH GRADES TO BECREATAND ED. r Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 9 Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality January 14, 2002 NC Department Transportation Mr. W.D Gilmore 1548 Mail Service Center JAN 1 b 2002 Raleigh, NC 27699-1543 SUBJECT: Approval of 401 W`atef Quality and Additional Conditions DOT Mitigation at NE corner of Bridge from Cedar Point to Swansboro DWQ Project # 011850 Carteret County Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions (WQC # 3274) to conduct the following activity at the NE corner of the bridge from Cedar Point to Swainsboro in Carteret County. This approval allows you to: 1). Replace a degraded breakwater; 2). Remove existing fill to restore low marsh, This approval is only valid for the purpose and design that you described in your CAMA application dated December 10, 2001 received by the Division of Water Quality (DWQ). After reviewing your application, we have determined that General Water Quality Certification Number 3274 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may he additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your CAMA application dated December 10, 2001. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1). Turbidity controls must be maintained during the project construction so that turbidity does not exceed 25 NTUs outside the project area.(i.e,Turbidity curtains). Please contact this Office at the number listed below if there are any problems with turbidity, 2). The attached Certificate of Completion (COC) must be submitted to the Division upon final construction of the site. Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer IJ`GbENR Page Two Mr. W.D Gilmore January 14, 2002 Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit # 011850 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900. Sincerely, J Gregory J. Thorpe, Ph.D. Acting Director, Division of Water Quality Attachments: GC # 3274 Certificate of Completion cc: Corps of Engineers Wilmington Field Office — Henry Wicker WiRO- Joanne Steenhuis 401/WVetland Unit, Central Office — Cyndi Karoly CAMA Morehead City — Bill Arrington CAMA Raleigh — Doug Huggett Central Files tile:///Untitled Cathy Brittingham wrote: Hi Dave, RE: your question about the status of DCM's review of the CAMA major permit application for the Cedar Point and Swansboro mitigation sites. Tere Barrett, DCM Field Representative, met with Phillip Todd on December 15th about sevo* DOT mitigation sites, including the CAMA major permit application or the Cedar Point and Swansboro mitigation sites. Tere wrote a follow-up letter to Phillip on December 18, 2000 in which she stated that.she and Phillip went through the application and plats for both sites. Tere states in her letter that she and Phillip discussed the requirements for plats for this type of project, and the necessity for two complete applications (beyond the MP-1 sheet) since the proposal is for two distinct creation sites in two different counties. Tere further states in her letter that the CAMA major permit application for the Cedar Point and Swansboro mitigation sites is on hold until completed information is received. DCM has not received any additional information from DOT about the Cedar Point and Swansboro mitigation sites since Tere and Phillip met on December 15th. DCM's permit review will not officially begin until the CAMA permit application is accepted as complete by the DCM Field Representative. Cathy Brittingham Transportation Project Coordinator NC Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919)733-2293 X238 phone (919) 733-1495 FAX 1 of 1 3/20/01 4:43 PM UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721 Executive Center Drive N St. Petersburg, Florida 33702 w August 27, 1999 Colonel James W. DeLony District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention David Timnv Dear Colonel DeLony: Please reference the August 16,1999, letter from the North Carolina Department of Transportation requesting comments on the Concept Reports submitted for the proposed Swansboro and Cedar Point Tidal Wetlands Mitigation Area. These sites located in Onslow and Carteret County respectively, would provide tidal marsh mitigation for ongoing and future highway projects impacting wetlands within the White Oak River Basin. In accordance with the March 23, 1999, letter from the Wilmington District concerning coordination under the NEPA/Section 404 joint processing memorandum of agreement, we have reviewed the Concept Reports and offer the following comments for your consideration. Swansboro Tidal Wetlands Mitigation Area This site involves the grading of uplands to create a 0.26-acre intertidal emergent marsh with a tidal creek component bisecting the site. While we support the utilization of this site, the creation of a marsh from uplands is generally regarded as having greater risk than a marsh restoration site. The project also includes a storm water retention pond (forebay) which would be used to intercept run-off from the highway and encourage settlement of suspended sediments prior to discharge into the White Oak River. While we agree with the general concept of the proposed mitigation plan, there are several aspect of the proposal that need clarification. It is unclear how the presence of the storm water retention pond (forebay) may affect the marsh mitigation site or the White Oak River. Additional information regarding the functions of and objectives associated with this feature should be provided in the mitigation plan for this site. If the storm water retention pond is intended to improve water quality, its function could be enhanced by directing all flow through the created marsh. Additional explanation as to why it is not designed in this manner should be provided in the mitigation plan. wo-w 2. We support the inclusion of an intertidal creek feature in the mitigation site design. However, complete details regarding the dimensions of the creek (e.g., length, width, etc.) should be provided in the mitigation plan. Also, rather than constructing the creek at -2 feet throughout its length, we recommend the standard procedure of sloping the bottom in the direction of tidal flow. This should improve flushing and provide a wider range of habitat. 3. The use of biological benchmarks to determine the planting elevations for selected marsh species is encouraged. Our experience indicates that low marsh species such as Spartina alternii fora may only vegetate the upper two thirds of the intertidal zone. Unvegetated areas will provide shallow benthic habitat of value to fishes. However, because any unvegetated areas will be included in the sampling strategy, their presence could make compliance with the performance criteria more difficult. 4. Construction of the site will require the removal of a large quantity of material. The mitigation plan should address how a silt curtain or other erosion control features will prevent sediments from reaching the natural marsh fringe on the waterward edge of the site. 5. On page 2, mean low water elevation is stated as 0.32 in paragraph 5 and as 0.35 in paragraph 7. This discrepancy should be explained in the final mitigation plan. 6. Bald Cypress is proposed to be transplanted in Zone 4 of the mitigation site. Since this is an estuarine rather than a riverine environment, we question whether this is the best species for this site. The final mitigation plan should consider an alternative tree if a tree component is desired in Zone 4. In view of the fact that the target vegetation is an intertidal emergent marsh species, we question whether placing a foot of topsoil throughout the low marsh planting area is advisable or cost effective. We do support the use of topsoil in Zones 3 and 4. 8. Regarding the proposed Monitoring Procedures found on page 4, we offer the following comments: A. No indication is given regarding the season and frequency of vegetative or hydrological monitoring. If vegetation monitoring is to occur at the end of the growing season this should be stated in the mitigation plan. B. No information is given regarding how the visual estimates of cover will be determined. We suggest use of the Braun-Blanquet sampling techniques for monitoring marsh mitigation sites. C. Within one month following each monitoring effort, a report of the findings should be provided to the Corps of Engineers (COE) for circulation and review. D. The monitoring plan should include a contingency plan regarding how issues such as inadequate tidal flooding or failure of the transplants will be addressed. Based on coordination with the COE concerning their marsh creation sites, we recommend that if at any time during the monitoring effort, the calculated frequency value falls below 0.7, replanting will be discussed by the resource agencies and a consensus will be reached regarding the need for replanting. E. Based on guidance provided by our Beaufort Laboratory, we suggest that a minimum of 30 samples be taken at the site for the first three years of monitoring. The laboratory staff has agreed to provide further analysis of how the size of the restored area may influence the required sample size. 9. We recommend that the mitigation plan consider conducting hydrological monitoring and demonstrating success prior to transplanting of intertidal vegetation at the site. This would allow for site stabilization and ensure that the target elevations have been achieved prior to additional effort (e.g. transplanting marsh). 10. The source of emergent marsh and other transplants should be provided in the mitigation plan. We recommend that for emergent marsh, transplanting be harvested in nearby natural marshes if possible. This recommendation is based on coordination with the COE regarding their marsh creation efforts indicating that using local stock improves the chances of transplant survival and growth. 11. The mitigation plan should include information regarding the season during which transplanting will occur. For emergent marsh, we recommend transplanting occur during the period of March thru June. 12. Table 2 depicts the acreage of each habitat type except open water habitat. We recommend that this acreage be added to the table. Also, the mitigation plan should recognize that inkind mitigation requirements dictate that four different habitat types are provided by this mitigation site. Cedar Point Tidal Wetlands Mitigation Area This site involves the grading of upland to create a 1.07-acre intertidal emergent marsh with a tidal creek component bisecting the site. We support the utilization of this site. Except for the size, location, and construction f a stone water retention pond, this site is very similar to the Swansboro' Tidal Wetlands Area. Therefore, our comments above also pertain to this site. We appreciate the opportunity to provide comments on this work. If we can be of finiher assistance, please advise. Sincerely, r. Andre // Mager, Jr.• Assistant Regional Administrator Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ?.TLA, GA NCDENR, Raleigh, NC NCDENR, Morehead City, NC NCDOT, Raleigh, NC F/SER4 September 7, 1999 Phillip Todd NC Department of Transportation P.O. Box 25201 Raleigh, NC 2761 1-5201 Phillip: This letter follows your request for comments on the Swansboro Marsh Mitigation Site, Concept Report dated July 1999. 1. This plan describes the creation of 0.23 acres of low emergent tidal marsh and 0.03 acres of high marsh with the inclusion of an open water channel. The proposed site design seems to adequately describe the planned marsh creation and should provide for a total of 0.26 acres of mitigation. Since no ratios are described in the plan, I will assume this detail will be discussed at the time the site is proposed for use. Since the action proposed is creation, I would recommend a ratio of 3:1 for this site. Also, although the impacts from this marsh creation to the existing marsh at the Swansboro site are small, you will likely be required by DCM under CAMAto add these marsh impacts to your impacts associated with the NC 24 highway construction project. 2. Monitoring the hydrology on the site for "no more than one year' is not acceptable. Most marsh sites' hydrologic regimes are monitored for a minimum of three years or until success criteria are met whichever is longer. If you have specific reasoning behind this shortened monitoring time, please explain. DCM recommends a monitoring period of three to five years for hydrology mainly for the purpose of monitoring the sites' hydrologic stability, especially in the vicinity of the open water channel. Although the marsh creation proposed seems to be suited for this particular site, DCM's support of the creation of wetlands on this site will be determined during the LAMA permit review process once a permit application has been submitted by NCDOT. Tere Barrett of DCM's Morehead City office, is the Coastal Management Representative that will handle the CAMA permitting for this mitigation site. The above comments are general comments on the proposed marsh creation and success criteria. Any questions regarding whether this site can be accepted as mitigation for the impacts from the widening of NC 24 will need to be addressed to Ms. Barrett. North Carolina Department of Environment and Natural Resources James B. Hunt Jr., Governor • Wayne McDevitt, Secretary Division of Coastal Management Donna D. Moffit, Director P.O. Box 27687, Raleigh, North Carolina 27611-7687 • Phone 919-733-2293 • htip•J/dcm2.enr.state.nc.us Thank you for the opportunity to comment on this plan. If you have any questions about these comments please call me at (919) 733-2293. Sincerely, Kell PWS Wetland Restoration Specialist cc: Tere Barrett, NCDCM, Morehead City Scott McLendon, USACE, Wilmington September 7, 1999 Phillip Todd NC Department of Transportation P.O. Box 25201 Raleigh, NC 2761 1-5201 Phillip: This letterfollows your requestfor comments on the Cedar Point Marsh Mitigation Site, Concept Report dated July 1999. 1. This plan describes the creation of 0.29 acres of low emergent tidal marsh and 0.03 acres of high marsh with the inclusion of an open water channel. The proposed site design seems to adequately describe the planned marsh creation and should provide for a total of 0.32 acres of mitigation. Since no ratios are described in the plan, I will assume this detail will be discussed at the time the site is proposed for use. Since the action proposed is creation, I would recommend a ratio of 3:1 for this site. Also, although the impacts from this marsh creation to the existing marsh at the Cedar Point site are small, you will likely be required by DCM under CAMA to add these marsh impacts to your impacts associated with the NC 24 highway construction project. 2.Monitoring the hydrology on the site for "no more than one year" is not acceptable. Most marsh sites' hydrologic regimes are monitored for a minimum of three years or until success criteria are met whichever is longer. If you have speck reasoning behind this shortened monitoring time, please explain. DCM recommends a monitoring period of three to five years for hydrology mainly for the purpose of monitoring the sites' hydrologic stability, especially in the vicinity of the open water channel. Although the marsh creation proposed seems to be suited for this particular site, DCM's support of the creation of wetlands on this site will be determined during the CAMA permit review process once a permit application has been submitted by NCDOT. Tere Barrett of DCM's Morehead City office, is the Coastal Management Representative that will handle the CAMA permitting for this mitigation site. The above comments are general comments.on the proposed marsh creation and success criteria. Any questions regarding whether this site can be accepted as mitigation for the impacts from the widening of NC 24 will need to be addressed to Ms. Barrett. North Carolina Department of Environment and Natural Resources James B. Hunt Jr., Governor • Wayne McDevitt, Secretary Division of Coastal Management Donna D. Moffitt, Director P.O. Box 27687, Raleigh, North Carolina 27611-7687 • Phone 919-733-2293 • httpl/dcm2.enrstate.nc.us Thank you for the opportunity to comment on this plan. If you have any questions about these comments please call me at (9 19) 733-2293. Sincerely, Aellyilli PWS Wetland Restoration Specialist cc: Tere Barrett, NCDCM, Morehead City Scott McLendon, USACE, Wilmington JJ I UC Lu w Ro "; ' C YIU. NUp0 rCK Mardi 3, 1999 Philip Todd NCDOT P.O. Box 25201 Raleigh, NC 27611 Ii71Ifr.Si This letter is concerning your request for comments on the Deer Creek Tidal Wetlands M'digation Site, final Concept Report dated January 1999. StormvAer Management Plan: Though I know very little about the plan and site as it was originally proposed, I have been informed that this plan is much more "ernrironmentaliy friendly" and fits better into the surrounding habitat on E the site. Wetland Mitigation Area: 1. The site's current conditions are unclear in this plan. 1 have not visited the site as I was unaware of the January on -site meeting. It would be helpful if the plan included figures depicting the current elevations in both plan and section views and perhaps a photo or two showing the current she conditions. Photos of the reference area(s) should also be included. it is diffrcultto determine from this plan whether the proposed work is wetland restoration or creation. If both creation and restoration areproposed, the plan should outline the areas of each type of mitigation and include the proposed acreage of each if the site was never a marsh (within the past 20 years or so), then all references to restoration in the plan should be changed to creation. ' 2. The plan should more clearly define exactly what actions are proposed for the soils on the site. The plan states that the topsoil wi0 be reserved pending the results of the soils nutrient test What is h the condition of the soils now? What amendments are proposed if the soils are unsuitable for marsh vegetation (fertilizer, organic matter)? 3.1 would caution against relying on a single monitoring wen. The use of a single well has a few drawbacks not the least of which is the loss of data due to the failure of the well. Since success Is based party on this well data, a Ioss of data could result in the inability to meet the proposed success criteria. The plan should indicate where the well(s) will be located. 77 IUt lu:4r ID; 11 NUM M.70.J rn 4. Monitoring reports should include color photos of the created/restored areas to clearly depict the site conditions from year to year. 5.50% coverage after five years would not be a successful vegetation effort in my opinion. After Ave years In the ground, a wCCessful marsh creation or restoration should cover substantially more area than this plan proposes. 6. A contingency plan should be induded in case the success criteria are not met. The actions proposed should be clearly stated for each of the proposed success criteria (i.e. a contingency plan for vegetation, hydrokV, etc.). r The proposed marsh creation/restoration greatly enhances the stormwater management aspect of this site. Atthough the marsh creation/restoration areas proposed seem to be suited for this particular site, _ it is not possible for DCM to allow the generated credits from this site to be held for future use with any =r c guarantee that DOT can use them on a future project. It is uNikely, however, that, if this site meets the approved success criteria. DCM would find this site unacceptable for up -front mitigation for in -kind impacts to wetlands in the vidnity of this mitigation area Again, because the Deer Creek Site is not proposed as compensatory mitigation for specific impacts, it is not possible for DCM to -guarantee granting mitigation credtfor this site for unspecified impacts atthis point. Afthough there is some risk involved in NCDOT constructing an up -front mitigation site without a guarantee that it can be used for future impacts, I support the construction of this site provided any necessary permits are obtained and the above mentioned items are addressed. Please be aware that even with approved wetland mrogWon banks, use of the bank for specific impacts to wetlands is considered on a case -by - case basis. I believe this site would receive similar consideration if proposed as mitigation for future impacts. Thank you for the opportunity to comment on this plan. Please let me know if another site visit is planned in the future. I look forward to the final mitigation plan. Sincerely, Kglly Williams Wetland Restoration Specialist CC! Scott McLendon, UCACE Tare Sarrvtt, NCDCM Ron Sechler, NMFS