NCDOT 105-93 Mitigation SR 1712 Pungo River

NORTH CAROLINA DEPARTMENT OF
A
ENVIRONMENT AND NATURAL RESOURCES
4! DIVISION OF COASTAL MANAGEMENT
NCDENR
JAMES B. HUNT JR.
GOVERNOR August 3,2000
BILL HOLMAN V. Charles Bruton, Ph.D.
SECRETARY Assistant Branch Manager
Project Development and Environmental Analysis
NC Department of Transportation
DONNA D. MOFFITT 1548 Mail Service Center
DIRECTOR Raleigh,N.C. 27699-1548
Dr. Bruton:
This letter is in response to your letter dated May 9, 2000 regarding the regulatory
release of the Cox Farm Mitigation Site associated with CAMA Permit number 105-
93. It appears, according to the site description in your letter and in the 1999 annual
monitoring report,that the vegetation and hydrologic success criteria have been met.
Based on this and a recent report from Mike Bell that the fill material placed on the
site by an adjacent landowner had indeed been removed, we agree with your
recommendation to discontinue monitoring at this site. We are pleased that the site
has exceeded the success criteria.
Thank you for allowing DCM to comment on this project. If you have any questions,
please call Cathy Brittingham or Kelly Williams at 733-2293.
cerely,
'77/11/ 771
Doug Huggett
CAMA Permit Coordinator
cc:
Cathy Brittingham,NCDCM
Kelly Williams,NCDCM
Randy Griffin,NCDOT
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MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638
PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604
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� � RECEIVED
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% .,_y MAY 1 7 2000
COASTAL MANAGEMENT
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O.BOX 25201.RALEIGH.N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
May 9, 2000
Mr. David Franklin
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
SUBJECT: Cox Farm Mitigation Site, Beaufort County, Action ID No. 199303826,
CAMA Permit No. 105-93, State Project 6.152027T
The Department has monitored the subject mitigation site since 1996. Originally
constructed in 1995 to be a non-riverine swamp forest community, the 2.0 acre site was
planted in March and April 1996 with common rush, bald cypress, swamp tupelo, willow
oak, water oak, and tulip poplar. Located along SR 1712, the entire site is used for
mitigation of impacts associated with the paving of SR 1712. The 1998 monitoring
report attempted to report hydrologic success based on consecutive days rather than
cumulative days as reported in the 1997 monitoring report. This data was miscalculated
and reported as showing success, and then it was recalculated correctly and reported as
not showing success. It was determined to monitor the site for a fourth year through the
end of 1999 to determine if the site would met hydrologic success.
As noted in the monitoring plan, the criteria for vegetation success after 3 years is
320 stems per acre. Two monitoring plots were evaluated for four years and the average
density for the site after four years is 482 stems per acre, well above the density required
by the success criteria.
Two monitoring wells, one rain gage, and one surface water gage were installed
on the site in 1996. As noted in the monitoring plan, the success criteria will be met
when the site achieves "adequate hydrological conditions (soil saturation to within 12
inches of the surface for at least 12.5% or= 32 days of the growing season)". As noted in
the 1999 Monitoring Report for this mitigation site, soil saturation to within 12 inches of
the surface occurred for 17.0% of the growing season.
As was noted in the 1999 Monitoring Report, the adjacent property owner had
cleaned out a perimeter ditch and had placed this material on the mitigation site. This
material has been removed from the site. Based upon a review of this site at NCDOT/

Resource Agency monitoring meeting held February 18, 2000. the Corps wanted to
inspect the site prior to closing this site out. NCDOT had recommended closing out the
site since it had met hydrologic and vegetative success. As per the recommendation in
the 1999 monitoring meeting, NCDOT recommends discontinuing any further monitoring
activities, contingent upon a Corps field inspection.
If you have any questions about what has been presented, please contact Ed
Lewis, Natural Systems Unit, at [phone]. Thank you for your continued support
and cooperation.
Sincerely,
c-o r) V. Charles Bruton, Ph.D.
Assistant Branch Manager,
Project Development and
Environmental Analysis Branch
cc: Mr. Mike Bell, USACE
Kelly Williams, NCDCM
Mr. John Dorney,NCDWQ
Mr. David Cox,NCWRC
Mr. Dave Schiller,NCDOT
Mr. Byron Moore, NCDOT
Ms. Beth Smyre,NCDOT

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�� �1��, DEPARTMENT OF THE ARMY
Q ---,-a ,.- N WILMINGTON DISTRICT, CORPS OF ENGINEERS
tr P.O.BOX 1890
�y �P WILMINGTON,NORTH CAROLINA 28402-1890
J�O ��p
s TAEES 11F P December 3, 2003
IN REPLY REFER TO
/
Regulatory Division
Action ID Nos. 199303826 and 199301223 '
RECEIVED
DEC 0 4 2003
Ms. Beth Smyre AV.QFcoAsrm _
North Carolina Department of Transportation RAF
Project Development & Environmental Analysis
Office of Natural Environment
1548 Mail Service Center '
Raleigh,North Carolina 27699-1548
Dear Ms. Smyre: r
This correspondence is in reference io your E-mail dated June 13, 2003, regarding the
Cox Farm Mitigation Site in Beaufort County, and the Seven Springs Mitigation Site in Wayne
County, North Carolina. These sites are being utilized by the North Carolina Department of
Transportation as compensatory mitigation for TIP projects.
By copy of this letter, we are notifying you that no further monitoring of the sites will be
required since the construction and success criteria for the mitigation sites have been met.
Thank you for your time and cooperation. Questions should be directed to Mr. Michael
Bell, NCDOT Coordinator/Regulatory Project Manager at the Washington Regulatory Field
Office, telephone [phone], extension 26.
Sincerely,
E. David Franklin
Chief, NCDOT Team

a
Copies Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment and
Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort,North Carolina 28516
Mr. Gary Jordan
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Hennessy
North Carolina Department of Environment and Natural Resources
Division of Water Quality, Wetlands Unit
2321 Crabtree Blvd
Raleigh,North Carolina 27604
Mr. Chris Militscher
U.S. EPA, Raleigh Office
310 New Bern Avenue, Room 206
Raleigh,North Carolina 27601
2

ANT OF ,,U:Ni nin
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, �� DEPARTMENT OF THE ARMY ,
yQ 2 WILMINGTON DISTRICT,CORPS OF ENGINEERS ^% v ' i
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WILMINGTON,NORTH CAROLINA28402-1890 °'a�°��� A�'
aii�m" REPLY TO (iii��,1���Ic``'
ATTENTION OF
July 19 , 1995 ti, 1110/A'
Regulatory Branch RFrrivrr O A
Subject: Action ID 199303826 c ' JUL 21 1995
f�
-
46
Mr. H. Franklin Vick, P.E. ,
Mana er -:'
Planning and Environmental Branch ,i11
Division of Highways
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
During the June 15, 1995, Permit Review Agency Meeting,
Ms. Robin Little of your staff requested that Mr. Mike Bell
of my staff provide you with written approval for the
"Mitigation Plan for Impacts Associated with Road Improvements
to SR 1712 , near Leechville, in Beaufort County, North Carolina. "
Mr. Bell previously gave his verbal approval of this plan to
Mr. Barney O 'Quinn, also of your staff, on May 16, 1995.
This correspondence constitutes our written approvals
required by the North Carolina Division of Coastal Management
(CAMA) permit conditions. Please direct Ms. Little to contact
Mr. Bell at (919) 975-1616 (Extension # 26) to schedule a permit
compliance inspection of the approved work.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. John Parker
Division of Coastal Management
rth Carolina Department of Environment,
VVV''' Health and Natural Resources
Post Office Box 27611-7687
Printed on �� Recycled Paper

-2-
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Ms. L.K. (Mike) Gantt
US Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
US Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Dorney
North Carolina Division of Environmental Management
Water Quality Section
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, North Carolina 27607

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STATE OF NORTH CAROLINA spy'
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR P.O.BOX 25201,RALEIGH,N.C. 27611-5201 SECRETARY
May 12 , 1995
16/
Office of Coastal Management
Department of Environment , Health /-I
and Natural Resources W N . .
P. O. Box 27687 —i , i�
Raleigh, North Carolina 27611 c ��= '�
Attention : Mr . John Parker te4 O�
�Gp l l`q `
Dear Sir :
Subject : Beaufort County, Mitigation Plan for Impacts
Associated with Road Improvements to SR 1712 , near
Leechville .
The enclosed mitigation plan is proposed by the N.C.
Department of Transportation (NCDOT) , as required by CAMA
Major Development Permit No. 105-93 , issued on October 15 ,
1993 . According to the permit , NCDOT must obtain the
approval of the District Engineer , Wilmington District Corps
of Engineers (COE) , for a plan to mitigate for the
unavoidable loss of 0 . 8 acre of wetlands . By copy of this
letter , NCDOT hereby requests approval from the District
Engineer .
Also enclosed is a completed Compensatory Mitigation
Checklist , which addresses various aspects of the plan. This
plan was developed with the assistance of the National Marine
Fisheries Service (NMFS) , and in coordination with the
Washington Regulatory Field Office of the COE and the
Beaufort County Office of the Natural Resources Conservation
Service (NRCS ) . Representatives of the COE, NMFS , NRCS and
DCM have reviewed the site and offered technical guidance .
NCDOT believes that this mitigation plan provides
adequate mitigation for the proposed impacts associated with
the subject project . The mitigation agreed to and described
in the plan will be completed prior to project completion,
but both will occur concurrently during the summer months .
We appreciate the assistance from the agencies in the
development of this plan and welcome any questions .
f
.p

Please contact Robin Little at (919 ) 733-3141 , Ext . 279
for further information.
Sincerely,
B. J . 'Quinn P.E.
Assists B nch Manager
Planning and Environmental Branch
enc
cc : Dr . Wayne Wright , District Engineer
Mr . Mike Bell , COE-Washington
Mr . Terry Moore , DCM-Washington
Mr . Ron Sechler , NMFS-Beaufort
Mr . Rodney Woolard, NRCS-Washington

MITIGATION PLAN FOR SR 1712, BEAUFORT COUNTY
I . Site Location and Description
A. Impact Sites
The proposed project involves the grading and paving of
SR 1712 , (Beaufort County, near Leechville ) with minor road
alignment adjustments . An increase in road elevation will
result in four areas of impact to adjacent wetlands and
waters of the U. S . The total impacts are 0 . 8 acres , of which
0 . 04 ac . are fill in waters , 0 . 60 ac . are fill in wetlands
and 0 . 16 ac . are proposed as excavation in wetlands . The
proposed fill and excavation adversely impacts areas of
naturalized ditch and canal as well as a small area of swamp
forest .
B. Mitigation Site
The 1 . 98 acre mitigation site is located on the
east side of SR 1712 , approximately 0 . 75 mile south of US
264 . It was actively farmed until 1994 , and is located at
the end of the farmed field adjacent to the relatively
undisturbed swamp forest . Currently, there is a small area
(0 . 3 ac . ) of common rush ( Juncus effusus ) growing in the
middle of the southern side of the site , and the remaining
area is covered with Panicum grass (Panicum dichotomiflorum)
and corn stubble . There are ditches on the west and southern
sides with periodic hydrologic connection to the seasonally
flooded swamp forest to the south.
The mitigation site consists of a former row-cropped
area, with a shallow slope down to the area of common rush
in the middle of the site , then running nearly level through
a swamp forest which has surface flow from wind amd lunar
tides as well as periodic flooding. The existing ditch and
resultant berm have interrupted the hydrologic connection and
can be restored by breaking through the berm in several
places .
The reference ecosystem was chosen in the adjacent swamp
forest due to the fact that it was previously hydrologically

connected prior to the ditch being installed . The goal for
the mitigation site is to perform the appropriate earthwork
grading and planting to extend the adjacent marsh and forest
ecosystem northward over the site . The grading will provide
a concave landscape position which will collect rainfall ,
agricultural and road runoff , groundwater , and tidal influxes
to provide adequate hydrology to support the hydrophytic
vegetation described above .
The elevations in the reference ecosystems in the
adjacent forest and within the marsh areas were used as final
elevations on the grading plan. The planting plan will
restore both marsh and swamp forest habitats in ratios
relative to the of the impacted areas . (approximately 75%
wooded wetlands , 25% freshwater marsh. )
II . Hydrology •
A. Existing
The existing ditches on the periphery of the site drain
both from the road and from the agricultural fields adjacent
to and across the road from the site . The ditch on the west
or front of the site will be deepened by the road
improvements and will drain into the ditch on the south side
of the property. This ditch will be graded down such that
its side slope adjacent to the mitigation site will have a
gradual slope up to the site , in order to allow surface flow.
The man-made berm on the south side of the existing ditch,
adjacent to the swamp forest will be cut through in several
places to allow surface water connection and flushing .
Site hydrology has been observed by means of visual
observations and indicators of saturated soil . The water
level in the ditch and in the forested area have been
observed over the past year . Surface ponding has been
observed in the forested area throughout the year and the
ditch maintains a water level within 12" of the ground
surface except in the summer months .
The proposed grading plan shows the specific elevations
that will be used to lower the site to those of the reference
ecosystems in the existing marsh and adjacent swamp forest .
( See attached plans . ) The soils investigation showed the
water table to be approximately 13" below the existing
surface with occasional saturation to the surface . The
grading plan lowers most of the site by one foot in elevation
which should provide saturation to the surface throughout the
year . This will be verified during the monitoring period.

III . Soils
A. Existing
The unpublished USDA/SCS Soil Maps compiled in 1988 and
site investigation by Rodney Woolard of the NRCS show the
soil on the site to be predominantly Perquimmans silt loam, a
mineral soil with heavy silt loam to silty clay loam
textures . Perquimans silt loam is found on nearly level
flats and in depressions of the lower coastal plain in the
eastern part of Beaufort County, mostly north of the Pamlico
River . Included in the mapping unit are a few small areas of
poorly drained Tomotley soils on similar landscape positions
and very poorly drained Arapahoe soils on slightly lower
elevations or in depressions . They make up about 15 percent
of the mapping unit . Permeability is moderately slow and
shrink-swell potential is low. The seasonal high water table
in the undrained soil is at the surface or within 1 . 0 foot of
the surface . Typical forested areas are in loblolly pine ,
sweet gum, water oak, and American sycamore . The understory
consists of giant switchcane , sweetbay, waxmyrtle , large
gallberry and greenbrier .
B. Proposed Grading
After determining the elevations in the reference
ecosystem, a target range of elevations from 1 . 5 to 2 . 0 feet
(above mean sea level ) was established for most of the
mitigation site . In order to maximize the area at these
elevations , the site will be graded according to the
attached grading plan . On the mitigation site , the majority
of excavation consists of two areas of cut . The resultant
grade should have a very slight slope from the existing 1 . 5
foot contour to the proposed 2 . 0 foot contour , as shown on
the plans . No excavation will occur in the area of the
existing marsh.
The landowner currently farms the adjacent field and has
requested that part of the fill be used to build up the
elevation slightly on the front corner of the adjacent field .
Based on coordination with NRCS and the landowner , an area
was delineated where the fill is to be placed ( See Area #3 ) .
Approximate volumes of cut and fill have been calculated
and the estimated cut and fill in cubic yards are shown in
the table below.

EARTHWORK ESTIMATES
CUT ( cu.yd. ) FILL ( cu.yd. )
AREA 1 192 . 1 25 . 0
AREA 2 648 . 1 0 . 2
AREA 3 0 . 0 414 . 4
TOTAL 840 . 3 439 . 6
Based on the information in the above table , the cut-to
-fill ratio was calculated to be 1 . 9 . Approximately one half
of the cut material will be hauled to an upland disposal
site . The fill material to be placed on the adjacent field
will be carefully graded so that no low spots are created
where ponding may occur . A typical agricultural ditch will
also be cut parallel to the property line between the
mitigation site and the field , on the landowners ' side of the
property line . Typical ditches for this size of field and
soil type have an 18 inch bottom width and 1 : 0 . 75 side
slopes . The invert of the agricultural ditch is to be set
0 . 3 feet above the invert of the road side ditch.
The grading will occur during the drier months of the
year to prevent compaction and smearing of the surface .
Disking of the surface will be performed immediately prior to
completion in order to lessen compaction. This will also
roughen the surface to enhance surface water depressional
storage . In addition to disking, a soil enrichment plan will
be implemented by adding organic mulch to the surface .
IV. Vegetation
The goal of the proposed planting plan is to generally
duplicate the plant communities already established on the
site and in the adjacent reference ecosystem. Implementation
of the plan will result in a non-riverine swamp forest
community that is representative of the surrounding area.
After grading of the site is complete , organic material
such as mulched leaves or finely ground wood chips will be
spread over the graded areas and disked into the upper 6
inches of the soil . Over all areas that will be graded down
to an elevation of 2 . 0 feet or lower (apart from the area of
existing Juncus marsh) , common rush ( Juncus effusus ) will be
planted on 2 ' centers . Bald cypress (Taxodium distichium)
and swamp tupelo (Nyssa biflora) will be planted on 6'
centers on both areas of planted and existing marsh, to
provide an overlapping canopy of trees over marsh. This will
imitate natural succession , allowing the marsh to stabilize
the surface and provide habitat until the trees grow larger .
Over the remaining fringe above the elevation of 2 . 0 ' , an
equal mixture of willow oak (Quercus phellos ) , water oak (Q.
nigra) , and tuliptree (Liriodendron tulipifera ) will be

•
planted on 6 ' centers .
Although this proposed planting plan included only five
woody species , it closely approximates the composition of the
reference ecosystem which is classified as non-riverine swamp
forest as described in "Classification of the Natural Plant
Communities of North Carolina" by Schafale and Weakley
( 1990) . However , it does not include red maple (Acer rubrum)
and sweet gum (Liquidambar styraciflua) . These two species
are usually important components of the non-riverine swamp
forest , primarily because of disturbance from logging.
However , these are generally regarded as undesirable species
by regulatory agencies and are not planted because of their
ability to spread from nearby areas . They can be expected to
migrate to some degree into the mitigation site and a program
to control them may be necessary if their densities reach
levels that negatively impact the planted species .
V. Monitoring
a. Vegetation
The success of the establishment of the planted species
will be measured by an on-going monitoring program, developed
in coordination with the appropriate regulatory agencies .
For example , three transects could be permanently established
across the site . Tree species survival will be recorded by
stem counts of living trees , heights and diameters over the
three to five year monitoring period . For the planted
Juncus , densities of living Juncus will be recorded along the
transects .
b . Hydrology
The hydrology will be monitored by several monitoring
wells , installed according to U. S . Army Corps of Engineers
WRP Technical Note HY-1A-3 . 1 , August , 1993 .

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(3-88)
SOIL MAP
Owner Jerry D. Cox , Jr. Operator_
County Beaufort State North Carolina
Soil survey sheet(s) or code nos. 31 , 32 , 43 & 44 Approximate scale 1"=2000 '
" Prepared b U. S. Department of Agriculture, Soil Conservation Service cooperating
Iwith Byeaufort Soil & Water Conservation District
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IDENTIFICATION LEGEND
BEAUFORT COUNTY, NORTH CAROLINA
December 4 , 1978 i
I
P
Mapping Publication i
Symbol_ Symbol Mapping Unit
/I
2A StA State sandy loam, 0-3 percent slopes
5A CrA Craven fine sandy loam, 0-1 percent slopes . i
58 CrB Craven fine sandy loam, 1-4 percent slopes
5C2, (5C) CrC2 Craven fine sandy loam, 4-8 percent slopes , .
eroded
6A (4A) GoA (ExA) Goldsboro sandy loam, 0-2 percent slopes
7 TaB Tarboro loamy sand , 0-5 percent slopes j
8 Wd Wasda muck
10C WtC Winton fine sandy loam, 5-12 percent slopes
10D WtD Winton fine sandy loam, 12-25 percent slopes
26 AbA Altavista-Urban land complex , 0-2 percent
slopes
. 37 . CnB Conetoe loamy sand , 0-5 percent slopes
40 Ds Dragston loamy sand .
43 AaA Altavista fine sandy loam, 0-2 percent slopes
44 Ly Lynchburg find sandy loam
46 At Augusta fine sandy loam
47 BoB Bonneau loamy sand , 0-4 percent slopes
48 SbA Seabrook loamy sand , 0-2 percent slopes
SU SeA Seabrook-Urban land complex , 0-2 percent
slopes
52 Le Lenoir loam
53 Yo Yeopim silt loam
54 Wa Wahee fine sandy loam
55 SgB Dogue fins sandy loam, 1-4 percent slopes
80 Lo Leon sand
82 Pe Perquimans silt loam
84 Ra Rains fine sandy loam
85 La (8d) Leaf silt loam
86 To Tomotley fine sandy loam
88 Ro Roanoke fine sandy loam
90 Ap Arapahoe fine sandy loam
91 Pa Pantego loam
92 Cf Cape Fear fine sandy loam
93, 99 Tr Torhunta sandy loam
94 Pt Portsmouth loam
95 Hy Hyde loam
96 Ba Bayboro loam
98 Me Muckalee loam
902 CU Currituck muck
915 Po Ponzer muck
920 . Ct Croatan muck
921 Bb Belhaven muck
940 Do Dorovan mucky peat
970 Da Dare muck
UR Ur Urban land

COMPENSATORY MITIGATION PLANNING
CHECKLIST
9/19/94
ACTION ID:
SITE NAME: Cox Property
LOCATION/WATERBODY/COUNTY: Beaufort County, SR 1712
near Leechville , near Pungo River
USGS QUAD(S) : Belhaven/Ponzer
SOIL SURVEY SHEET NOS : See Attached NRCS map.
PREPARED BY: Robin Little DATE: May 10 , 1995
*************************************************************
I . INTRODUCTION
A. Type of Mitigation (Circle/A separate
checklist may be prepared if more than one
type )
1 . - Restoration Creation
Enhancement Preservation
a. In-kind Out-of-kind
Both
b . On-site Off-site
Both
2 . Upfront Concurrent
After-the-fact Bank
B. Wetland Types and Acreage .Impacted / Attach
or Describe : Naturalized ditch and canal 0 . 2
acres , Swamp Forest 0 . 6 acres .
C. Wetland Types and Acreage Mitigated / Attach
or Describe : Freshwater marsh and Swamp
Forest 1 .8 acres .
D. Describe Mitigation Ratios : 2: 1 .
E. Will any Endangered Species , Archeological
Resources , or Haz/Tox sites be impacted

by this effort? No
F. Has a wetland determination been
undertaken and verified? Yes
II . TARGET GOALS AND FUNCTIONS
A. Are there stated Goals?
Describe : To create a freshwater marsh and
surrounding swamp forest similar to adjacent
target reference 'ecosystem.
B . Describe Success Criteria: Attain average
tre'e density of 400 trees per acre , soil
parameters , hydrology and vegetation will
meet 1987 Corps manual .
Are they: 1 ) Specific Yes
2 ) Measurable Yes
3 ) Attainable Yes
C. Target Functions chosen and indicated? Yes
Describe : Marsh and swamp forest ecosystem
which provides biomass accumulation, water
quality protection and improvement , wildlife
habitat , food chain support , nutrient
cycling, nutrient retention and flood
storage .
D. Was a Reference Ecosystem (RE) report
prepared? (Attach) No
1 . Describe comparison between the RE and the
Mitigation Plan:
III . STRUCTURAL COMPONENT
A. VEGETATION:
1 . Are plantings listed to species? Yes
2 . Are local ( 200 miles North/South) propagules
to be planted and verified by a nursery
certificate? Yes

3 . Have diversity and densities within the RE
been considered in the plan? Yes
4 . Has consideration been given to planting the
interface between the mitigation site and
upland habitats with suitable transition zone
species? Yes
5 . Describe Quality Control during planting :
Best Management Practices of NCDOT Roadside
Environmental Unit , advised by Mitigation
Unit . •
B. SOILS:
1 . Have the soils been mapped? Yes
2 . Soil Series/Phases : Perquimans silt loam
3 . Fertility Sampling undertaken in RE? (Attach
Report ) No
4 . Fertility Sampling undertaken on mitigation
site? No
(Attach Report )
5 . Are fertility results within the range
for the proposed plantings? N/A
Describe results/Amendments Required :
6 . Are all the soil types appropriate for the
target wetland? Yes
Describe : Perquimans silt loam
7 . If PC Farmland, has site been evaluated for :
a. Plow pans? Yes
b . Field crowns ? Yes
c . Herbicide carry-over ? No
d. Drainage system ? Yes
Describe : Verified by site visits and
consultation with the NRCS and the landowner .
C. HYDROLOGY
1 . Were the principles of HGM or

other classification system considered? No
Describe : •
2 . Describe the primary hydrologic input ( s ) :
Precipitation, groundwater, and periodic
flooding.
3 . Was a Hydrology Model/Water Budget
developed? No
a. Were low, average , and high
precipitation/water table /flood
conditions considered? Yes
Describe the Water Budget : The site was
observed for one year ; including ditch
levels , surface saturation and soil
indicators .
4 . Will the hydrologic regime predicted by the
Water Budget be appropriate for the target
wetland? Yes
Describe : Grading the mitigation site to
match elevations in the target RFE is
expected to produce a similar hydroperiod.
5 . Have Monitoring Wells/tide/flood gauges been
installed? No
Describe : Wells will be installed per COE WRP
T.N. HY-1A-3 . 1 , August , 1993 , and monitored
by NCDOT.
IV. MONITORING:
A. Name and number of person responsible for the
success of this project :
Bill Benton (919) 946-3689
B. Is there a monitoring plan? Yes
Describe : The Monitoring Plan includes direct
measurement of parameters identified in the 1987
Technical Criteria for Identifying Wetlands . Soil
redox, groundwater wells , and vegetation will be
measured, evaluated, and compared with reference
conditions . Plants will be monitored for survival for
three years/growing seasons . Hydrology will be
monitored weekly for one growing season by wells .

Reports will be provided to COE, DCM, NMFS , DEM.
C. As Built Report provided? No
D. Procedure to account for beneficial natural
regeneration? No
Describe : As built plans will be provided by NCDOT
District Engineer , Bill Benton.
V. CONSIDERATION OF CAUSES OF FAILURE
A. How does project rate regarding the
following : ( Yes , No , or N/A)
1 . Elevation: Grading site to match RFE.
a. Have Biological Benchmarks
been established if applicable? Yes
b . Is there a grading plan? Yes
c . Is the grading plan specific? Yes
d . Is disking proposed after grading
and/or prior to planting? Yes
2 . Describe provisions for drainage : Slopes
graded to existing marsh and ditch
elevations .
3 . Describe Erosion Control Measures :
BMPs for minimal slopes .
4 . Describe Management of Human Impacts :
Permanent Conservation Easement with
landowner specifies and limits uses of the
site . (See Attached. )
5 . Describe management of Herbivory/Noxious
Plants : Appropriate herbicidal control
measures and/or tree shelter tubes .
B. Are there Contingency Plans built into the
proposal to address these factors? Yes
Describe when and how will these contingencies be
implemented: Immediate remediation and/or control
measures will be implemented upon identification.
NOTES :

VI . SITE MANAGEMENT
A. Describe Final Disposition of the Property:
The site will be owned by Jerry Cox and under
permanent easement to NCDOT to preserve it as
a functioning wetland.
B. Who will manage the site after the mitigation
effort is deemed a success? Owner Jerry Cox
with oversight by NRCS .
C. Will wetland functions be impacted by
current or future land use patterns? No
Describe :
D. Will this site have the opportunity to
function as planned? Yes
Describe : Permanent Conservation Easement
will protect site in perpetuity.
E. Describe how this project rates ecologically:
The site is expected to provide wetland
habitat and functions superior to that of the
impact areas .
HIGHLIGHT AND ADDRESS ALL PROBLEMS AND/OR INADEQUACIES WITH
THE MITIGATION PLAN/SITE AS INDICATED BY THIS CHECKLIST.

• y ' ^ nK1019PG982
Prepared by and return to: Robin Little STATE PROJECT: 6.152027T
NCDOT PARCEL: #13
Po Box 25201
Raleigh NC 27611
NORTH CAROLINA CONSERVATION
COUNTY OF BEAUFORT EASEMENT
DEED
THIS CONSERVATION EASEMENT DEED dated this iS day of
JR.
DECEMBER , 1994 , by and between JERRY D. COX/and wife, EVELYN C..COX,
herein referred to as the "GRANTORS " and the Department of
Transportation, an agency of the State of North Carolina,
hereinafter referred to as the "DEPARTMENT" .
WITNESSETH
That the GRANTORS, for themselves , their heirs , successors,
executors and assigns , for and in consideration of the
conservation benefits conferred by the transfer of these
interests and other valuable consideration, do hereby give, grant
and convey unto the DEPARTMENT, its successors and assigns , a
perpetual easement for conservation purposes over a portion of
the real property described in deed(s ) recorded in Book 785 ,
page 863 , and Book 785, Pages 866 and 869 , Beaufort County
Registry, said easement being described as follows :
BEING the same property designated as X( 'J€ CSC
EXHIBIT "A" on that certain
map prepared by NC DOT LOCATION & SURVEY UNIT
recorded in Book of Maps , page
Beaufort County Registry. (ATTACHED HERETO)
This CONSERVATION EASEMENT DEED is subject to the following
provisions :

: . ' • BK1019PG983
- 2 -
I . GENERAL PROVISIONS
A. This easement is under the authority and furtherance of
the provisions of State and Federal law, including the
North Carolina Coastal Area Management Act; Section 404
of the Federal Clean Water Act; and Federal Executive
Order 11990 providing for the protection of wetlands .
The restrictions and covenants contained in this
easement constitute a perpetual servitude on and run
with the property. The GRANTORS , their successors , and
assigns under this deed covenant with the DEPARTMENT to
do or refrain from doing, severally and collectively,
the various acts mentioned later in this easement.
B. The agreed upon purposes of this easement are the
restoration, preservation, and maintenance of the
wetland and floodplain areas including protection and
enhancement of plant and animal habitat and
populations . Such purposes shall constitute the
dominate estate within the easement area. Any
ambiguities in this easement shall be construed in a
manner which best effectuates wetland preservation.
C. Any subsequent amendment to or—repeal of any federal
law or order which authorizes this easement shall not
affect the rights conveyed to the DEPARTMENT or
subsequently held by its successors or assigns .

BK101yPG984
- 3 -
D. For purposes of this easement, wetland management
rights conveyed to the DEPARTMENT include, but are- not
limited to, inspection for compliance with the terms of
this easement and any other activity consistent with
the preservation and enhancement of wetland functional
values .
E . The DEPARTMENT, its successors and assigns shall have
the right to make surveys , take photographs and prepare
such other documentation as may be necessary or
desirable to administer the provisions of this
easement. Any such map, plat, or other suitable
document may be recorded in the land records of the
county in which the property is located.
F. The easement does not authorize public entry upon or
use of land. Unless the DEPARTMENT prohibits public
entry, the GRANTORS may permit it at their discretion.
The DEPARTMENT may only access the subject property
from its adjacent Right-of-Way for SR 1712 and not over
the GRANTORS adjacent farmland, unless permission is
obtained in advance from the GRANTORS .
G. The GRANTORS and their invitees may hunt and fish on
the easement area in accordance with all Federal,
State, and local game and fishery regulations .

•
13K1O19PCSBS
- 4 -
H. This easement shall be binding on the GRANTORS and
their heirs , successors , or assigns . The GRANTORS
covenant to warrant and defend unto the DEPARTMENT, its
successors , or assigns , the quiet and peaceful use and
enjoyment of the land and interests in the land
constituting this easement against all claims and
demands .
I . In the performance of any rights of the DEPARTMENT
under this easement, the DEPARTMENT may permit,
contract, or otherwise provide for action by employees,
agents , or assigns which may include the GRANTORS .
J. The GRANTORS reserve the right to use and enjoy the
property conveyed herein, as well as his adjacent
property, for all legal purposes not inconsistent with
the conservation easement granted.
K. No experimental or endangered species will be
introduced by the DEPARTMENT onto the subject property.
II . COVENANTS BY GRANTORS
•
A. No dwellings , barns , outbuildings , or other structures
shall be built within the easement area.
B. The vegetation and hydrology of the described easement
area will be established according to a Conservation

• BK1O19PG98G
- 5 -
Plan developed between the GRANTORS and the DEPARTMENT.
After the plan is implemented, the easement area •will
not be altered in any way or by any means or activity
on the property conveyed by this conservation deed,
including: ( 1) cutting or mowing; (2) cultivation; ( 3)
grazing; ( 4 ) burning; (5) placing of refuse, wastes,
chemicals , sewage, or other debris ; ( 6 ) draining,
dredging, channeling, filling, leveling, discing,
pumping, diking, impounding, or related activities ; or
( 7 ) diverting or affecting the natural flow or surface
or underground waters into, within, and out of the
easement area except as noted in this easement.
C . The GRANTORS will be allowed to harvest timber
selectively consistent with a Seedtree or Selective Cut
method, and will be consistent with the preservation
and enhancement of floodplain and wetland functional
values . No more than ten percent of the mature timber
may be harvested in any ten year period.
D. Cattle or other stock shall not be permitted on the
easement area, except that the DEPARTMENT shall permit
access to and use of waters within the area necessary
for stock watering under such terms and conditions as
the DEPARTMENT deems necessary to protect and further
the purposes of this easement, provided:

•
•
BK1019PG987
- 6 -
( 1) The DEPARTMENT bears the costs of building and
maintaining fencing or other facilities reasonably
necessary to preclude stock from entering. the
easement area; and
( 2) Access for stock watering need not be permitted
where other waters are reasonably available from
other sources outside the easement area.
III . RIGHTS CONVEYED TO DEPARTMENT
The DEPARTMENT and its successors or assigns , is conveyed
the rights, at its sole discretion, to manage the easement area
including the following authority: '
A. The right to install, operate, and maintain structures
for the purpose of reestablishing, protecting, and
enhancing wetland functional values including the
taking of construction materials to and from said
sites .
B. The right • to establish or reestablish vegetation
through seedings , plantings , or natural succession.
C . The right to manipulate vegetation, topography and
hydrology on the easement area through diking, pumping,
water management, excavating, island construction,
burning, cutting, pesticide application, fertilizing,
and other appropriate practices .
D. The right to conduct predator management activities .

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BK1014PG985
- 7 -
E . The right to construct and maintain fences in order to
prevent grazing or other types of encroachment on the
easement area.
TO HAVE AND TO HOLD said perpetual easement for conservation
purposes unto the DEPARTMENT, its successors and assigns , and the
GRANTORS, for themselves , their heirs, successors , executors and
assigns, hereby warrant and covenant that they are the sole
owners of the property; that they solely have the right to grant
the easement and that they will forever warrant and defend title
to the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the GRANTORS have hereunto set their
hands and seals the day and year first above written. .
APPROVED AS TO FORM (SEAL)
/ RRY . COX, JR.
Assistant Attorney Gene C C (SEAL)
EVELYN .. COX
NORTH CAROLINA, u" County.
I , a Notary Public of the County and State aforesaid, certify
that JERRY D. COX, JR. , and wife, EVELYN C. COX , Grantors,
personally came before me this day and acknowledged the execution
of the foregoing instrument. Witness my hand and official stamp
or seal, this /S4 day of DECEMBER , 1994 .
My Commission expires: S-3'iy97 • `,,°� ; ;r'
6(11/4 �- fi
NORTH CAROLINA: BEAUFORT COUNTY q (k..- iw '
The foregoing certificate of /�l r� Not Public -'{�� '^'r'' ;
Lt
Notary Public/Notaries Public is/arc certified to be correct. 4;;,�t7�_r .• � ,
Filed for registration and rec rdcd in this office in Book ivy,Page r•• • r c�
• Fi• �:o •
This /3 6 day of , 19 qc at.2- ���,,
KIRKW.MI7ELLE,Register of eds By W � `•'''`'•:

titer?Of\\ ,,. r
��" DEPARTMENT OF THE ARMY
�ae i WILMINGTON DISTRICT,CORPS OF ENGINEERS a% '
o 11/41/44.im..4)•IM P.O.BOX 1890 5U
WILMINGTON,NORTH CAROLINA28402 1890
REPLY TO �4rUr,1t\‘‘`,—
ATTENTION OF
January 10, 1995
Regulatory Branch
Action ID No. 199303826 and State Permit No. 105-93
Mr. B. J. O'Quinn
North Carolina Department of Transportation
Division of Highways
Planning and Environmental Branch
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. O'Quinn:
Reference your application for a Department of the Army (DA) permit to
place fill material in approximately 0.8 acre of waters and wetlands adjacent
to the Pungo River, associated with improvements to S.R. 1712, near
Leechville, Beaufort County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-0080-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Please note that
Condition 1) of the State authorization requires that you obtain our approval
for a plan to mitigate for the unavoidable loss of the 0.8 acre of wetlands,
and that the mitigation be completed prior to completion of the project. The
National Marine Fisheries Service (NMFS) has agreed to assist you in
development of the mitigation plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Michael Bell, Washington
Field Office, Regulatory Branch, telephone (919) 975-3025.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Pnnted on =�$ Recycled Paper

-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
:j • John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Wallace R. Sherron, Director
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603-8003
Mr. Terry Moore
Washington Regional Office
North Carolina Division
of Coastal Management
Post Office Box 2188
Washington, North Carolina 27889-2188

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State of North Carolina
Department of Environment,
Health and Natural Resources A117871,A
Division of Coastal Management
JamesnahaB. Hunt, Jr., , Secrnor
etary p E H N F
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Robin Little
Planning and Environmental Branch
FROM: John Park
SUBJECT: Mitigation Easement, SR1712
DATE: November 29, 2994
The subject easement has been reviewed by staff and a DCM staff attorney. We offer
no recommendations to the easement. We appreciate the opportunity to review the easement and
trust that execution of same with the landowner will be successful.
Staff was more interested in the forthcoming mitigation plan. The DCM Washington
office was concerned about enforceability. Perhaps the plan will answer those questions and
speak to the points in Brian Bledsoe's attached memorandum
The writer has been in communication with National Marine Fisheries Services on several
occasions. It is my understanding that you will receive comments directly from that office in
the immediate future.
JP/aw
Attachment
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

+. I
01
.STATE,
.."..,
g ,)se\t„:",. x
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION hi 9
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR P.O.BOX 25201,RALEIGH,N.C. 27611-5201 SECRETARY
October 24 , 1994
Office of Coastal Management
Department of Environment , Health
and Natural Resources
P. 0. Box 27687
Raleigh, North Carolina 27611
ATTENTION: Mr . John Parker
Dear Sir :
SUBJECT: Beaufort County, Conservation Easement for
Mitigation Site on SR 1712 , near Leechville .
The subject site has been selected by NCDOT, with
assistance from NMFS , to mitigate for the impacts to wetlands
due to widening SR 1712 , as required by CAMA Permit 105-93 ,
issued by David Gossett on October 15 , 1993 .
The impacts total 0 . 8 acres and the proposed site is
1 . 98 acres . The type of impacts range from naturalized ditch
to swamp forest and we intend to recreate a tidal marsh/
swamp forest complex predominantly planted with Atlantic
White Cedar . A detailed mitigation plan will be circulated
for review, once the Conservation Easement language has been
approved. Field visits will also be organized in the near
future , once the easement is secured and preliminary
investigations are completed.
A significant amount of thought and effort has gone into
drafting the language of this easement and it has been
reviewed by our legal staff . The landowner made several
requests which we have tried to accommodate while balancing
the regulatory agencies requirements . Any major changes at
this point could cause a breakdown in these negotiations ,
however , we welcome your comments . This site has excellent
potential for restoration, and will be extremely difficult to
replace .
•ti
PHONE [phone] FAX [phone] ia p

Please respond as quickly as possible in order that we
may proceed . Please contact Robin Little if you have any
questions at ( 919 ) 733-3141 .
Sincerely ,
B • 'Quinn P. E.
Assistant - ranch Manager
Planning and Environmental Branch
enc
cc : Terry Moore , DCM-Washington
Dave Lekson, COE-Washington
Ron Sechler , NMFS-Beaufort
Mike Street , NCDMF-Morehead City
David Dell , USFWS-Raleigh
David Cox , NCWRC-Raleigh
Albert Joyner , NCDOT ROW-Div. 2
Cecil McLamb , NCDOT ROW
David Robinson , P.E . , Permit/Mitigation Unit
Dennis Pipkin, P .E. , Mitigation Specialist

4
M
/lyT Op
"tI‘i"Cel 1 Wei DEPARTMENT OF THE ARMY
w , WILMINGTON DISTRICT, CORPS OF ENGINEERS
a _- 2
G ",IiII P.O. BOX 1890
yl r p` WILMINGTON, NORTH CAROLINA 28402-1890 •
\�res utP��
October 4, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199303826
Mr. B. J. O'Quinn
North Carolina Department of Transportation
Division of Highways
Planning and Environmental Branch
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. O'Quinn:
Reference your application for a State/Department of the Army permit to
place fill material in approximately 0.8 acre of waters and wetlands adjacent
the Pungo River, associated with improvements to S.R. 1712, near Leechville,
Beaufort County, North Carolina.
By letter of September 21, 1993 (copy enclosed) , the National Marine
Fisheries Service (NMFS) recommended that "a mitigation plan to compensate for
all wetland losses" be provided. We concur with the NMFS and have recommended
to the North Carolina Division of Coastal Management that the following
condition be included in any issued State authorization.
Prior to the initiation of work, the permittee will obtain the approval
of the District Engineer, Wilmington District Corps of Engineers, for a
plan to mitigate for the unavoidable loss of the 0.8 acre of wetlands.
(The National Marine Fisheries Service (NMFS) has agreed to assist the
permittee in development of such a plan. ) The plan will be physically
completed prior to the completion of the permitted activity.
We would appreciate the receipt of your compensatory mitigation plan for
our review on or before November 4, 1993 .
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone (919) 975-3025.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure) :
/Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Terry Moore
Washington Regional Office
North Carolina Division
of Coastal Management
1424 Carolina Avenue
Washington, North Carolina 27889