NCDOT 89-96 Mitigation Hwy 17 Pembroke Creek

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE EUGENE A.CONTI,JR.
GOVERNOR SECRETARY
March 27,2009
Mr. Doug Huggett
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City,N.C.27909
Subject:CAMA Commitment Review(R-2512,Permit#88-96 and 89-96)
Unresolved Projects
Dear Mr. Huggett,
On behalf of the North Carolina Department of Transportation(NCDOT),I want to thank you and all
the Division of Coastal Management(DCM) staff who met with us to discuss unresolved issues
regarding NCDOT CAMA Permit commitments.This letter is written to confirm the"Unresolved
Projects,R-2512,Permit#88-96 and 89-96"issue agreed upon during the meeting held in the DCM
Morehead City office on February 23,2009.
The NCDOT and the DCM agree that to the best of our knowledge,the temporary impact issue is
resolved. Lindsey Riddick(NCDOT)has confirmed this based on his recollection of the project. The
SAV impact issue on the US 17 Bridge has not been determined. It was agreed by the DCM that a site
inspection would be performed to determine if SAVs have been restored in the area. This inspection
will be performed during the 2009 growing season.Progress reports will be forwarded to the NCDCM
upon completion. It was agreed in our meeting that if SAVs are present during the inspection,the
issue will be resolved and no further work will be required. If SAVs are not present during the
inspection,the NCDOT will offer satisfactory replacement mitigation.
Again,thank you for your assistance in bringing these outstanding permit issues to a positive
resolution.
Sincerely,
Gregory .Thorpe,PhD,Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
cc: Phil Harris,P.E.,NCDOT
Jim Gregson,NCDENR/DCM
Ted Tyndall,NCDENR/DCM
Cathy Brittingham,NCDENR/DCM
Steve Sollod,NCDENR/DCM
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PROJECT DEVELOPMENT&
NATURAL ENVIRONMENT UNIT ENVIRONMENTAL ANALYSIS BRANCH-
1598 MAIL SERVICE CENTER WEBSITE: WIM1NV.NCDOT.ORG ENVIRONMENTAL RESOURCE CENTER
RALEIGH NC,27699-1598 4701-116 ATLANTIC AVENUE
RALEIGH NC,27604

RE: R-2512B,CAMA Permit No. 89-96,temporary impact monitoring
Subject:RE:R-2512B,CAMA Permit No.89-96,temporary impact monitoring
From:"Riddick,Thomas L"<[e-mail]>
Date:Fri.6 Mar 2009 10:14:46-0500
To:Cathy Brittingham<[e-mail]>,"Anderson,Deborah D"<[e-mail]>
Ok. I'm not aware of any at Pembroke, but I'm checking with the Division Construction Engineer. As for the
Chowan River,the eastern approach did have a temporary access parallel to the bridge with some small spurs
perpendicular. I'll check on the status of these areas. The western approach was high ground.
From: Cathy Brittingham[mailto:[e-mail]]
Sent: Friday, March 06, 2009 10:06 AM
To: Riddick, Thomas L; Anderson, Deborah D
Subject: Re: R-2512B, CAMA Permit No. 89-96, temporary impact monitoring
Hi Lindsey and Deborah,
Actually the permit conditions on these projects for monitoring of temporary wetland impacts were not
specific to DCM wetlands. The permit condition verbiage is the same in CAMA Permit No. 88-96
(Chowan River) and CAMA Permit No. 89-96 (Pembroke Creek). It states as follows:
"Wetland sites impacted by temporary construction access shall be monitored to insure that natural
revegetation is occurring. If a site is not revegetating within one year of the date the construction access
is removed, NCDOT shall plant the site with the original species that were present prior to the
construction."
DCM needs documentation for the permit files about whether there were ANY wetland sites impacted by
temporary construction access on these projects and if there were ANY wetland sites impacted by
temporary construction access on these projects, then are there ANY wetland sites impacted by temporary
construction access on these projects that have not revegetated and that have not been previously
reclassified as permanent impacts. If there are ANY wetland sites impacted by temporary construction
access on these projects that have not revegetated, and that have not been previously reclassified as
permanent impacts, then DOT needs to notify DCM to determine mitigation requirements.
If necessary, perhaps a site visit could be scheduled with NCDOT and DCM Field Representative Jim
Hoadley to survey the appropriate areas.
Thanks for your help,
Cathy
Riddick,Thomas L wrote:
Deborah and Cathy,
I am positive that there were no temporary impacts to DCM wetlands at either of these
LR
Original Message
1 of 2 3/6/2009 2:43 PM

RE:R-2512B,CAMA Permit No. 89-96,temporary impact monitoring
From: Anderson, Deborah D
Sent: Thursday, March 05, 2009 4:25 PM
To: Riddick, Thomas L
Subject: FW: R-2512B, CAMA Permit No. 89-96, temporary impact monitoring
Lindsey,
Will you verify this in an email to Cathy and me. Thanks.
Deborah
Original Message
From: Cathy Brittingham [mailto:[e-mail]]
Sent: Thursday, March 05, 2009 2:05 PM
To: Anderson, Deborah D
Subject: R-2512B, CAMA Permit No. 89-96, temporary impact monitoring
RE: R-2512B, Bridge over Pembroke Creek and associated improvements to US 17, CAMA P�
Hi Deborah,
At the 2/23/09 meeting with NCDOT and DCM staff you stated that you would check with
Have you had a chance to verify this with Lindsey? If so, please let me know so that
Thanks,
Cathy
Cathy Brittingham
Transportation Project Coordinator
N.C. Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
(919) 733-2293 x238 telephone
(919) 733-1495 FAX
E-mail correspondence to and from this address may be subject to the North Carolina Pi
Email correspondence to and from this sender is subject to the N.C. Public Records Lai
Cathy Brittingham
Transportation Project Coordinator
N.C. Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
(919) 733-2293 x238 telephone
(919) 733-1495 FAX
E-mail correspondence to and from this address
may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.
2 of 2 3/6/2009 2:43 PM

R-2512B,CAMA Permit No.89-96,temporary impact monitoring
Subject: R-2512B, CAMA Permit No. 89-96, temporary impact monitoring
From: Cathy Brittingham <[e-mail]>
Date: Thu,05 Mar 2009 14:05:17 -0500
To: Deborah Anderson <[e-mail]>
RE: R-2512B, Bridge over Pembroke Creek and associated improvements to US 17, CAMA
Permit No. 89-96, Chowan County
Hi Deborah,
At the 2/23/09 meeting with NCDOT and DCM staff you stated that you would check with
Lindsey Riddick to make sure that his comments about no temporary impacts applied to
R-2512B, Bridge over Pembroke Creek and associated improvements to US 17 in addition
to TIP NO. R-2512, US 17 Bridge, Chowan River, Chowan County, CAMA Permit No. 88-96.
Have you had a chance to verify this with Lindsey? If so, please let me know so that
I can make a note to the file and put this one away.
Thanks,
Cathy
- Cathy Brittingham
Transportation Project Coordinator
N.C. Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
(919) 733-2293 x238 telephone
(919) 733-1495 FAX
E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.
1 of 1 3/5/2009 3:47 PM

TIP NO. R-2512B,BRIDGE OVER PEMBROKE CREEK AND ASSOCIATED IMPROVEMENTS TO
US 17, CHOWAN COUNTY, CAMA PERMIT 89-96.
Unresolved temporary impact monitoring requirements
CAMA Permit No. 89-96, issued 6/2/96
Condition No. 19 of CAMA Permit No. 89-96 requires that: "Wetland sites impacted by temporary
construction access shall be monitored to insure that natural revegetation is occurring. If a site is not
revegetating within one year of the date the construction access is removed, NCDOT shall plant the site with the
original species that were present prior to the construction."
RK&K CAMA Permit Commitment Review document dated 9/22/03
The RK&K document states that:"No temporary impacts occurred with this project as the project was
completed using top-down construction." However, the RK&K document also states that: "As stated in the
October 23, 1997 COE permit modification (Permit No. 199705883) and reiterated by Mr. Randy Turner,
NCDOT Project Management Team Leader, in a meeting on January 27, 2003, there were no temporary
impacts associated with this project. Attempts to restore temporary impacts were unsuccessful and these
impacts were subsequently calculated as permanent impacts and debited accordingly."
NCDOT CAMA Permits with Temporary Impact Monitoring Condition document dated 4/20/05
Requests an interagency inspection to determine compliance of the temporary condition of the permit. States
that the project is complete.
DCM CAMA Permits with Temporary Impact Monitoring Condition document dated 10/25/06
DOT needs to comply with permit conditions 18 (Permit No. 88-96) and 19 (Permit No. 89-96) by providing
DCM with a written statement for the permit file that reconciles the above conflicting information and certifies:
(1) whether there were any temporary impact areas on this project; and(2) if there were temporary impact areas
on this project, then are there any temporary impact areas on this project that have not revegetated and that have
not been previously reclassified as permanent impacts. If there are any temporary impact areas on this project
that have not revegetated, and that have not been previously reclassified as permanent impacts, then DOT needs
to notify DCM and contact DWQ and USACE to determine mitigation requirements. DCM was not able to
locate a copy of the above referenced October 23, 1997 COE modification, therefore NCDOT is requested to
provide a copy of it to DCM as supporting documentation.
DOT Comments, September 2008
Due to insufficient and conflicting information, the NCDOT requested an interagency site inspection to try to
determine if the commitment had been met. No inspection has been scheduled with the NCDOT by the
NCDCM.
This is a 12 year old project. The project was completed in 1999. Both NCDCM and the NCDOT could not
find the files requested. Records cannot be found as to whether the restoration was done. In the review
document the NCDOT provided for the NCDCM on 4/20/05, the NCDOT requested a site inspection with the
NCDCM to determine, if possible, compliance. To our knowledge this site inspection has not been performed.
DCM Comments, November 2008
The following information is needed: (1) whether there were any temporary impact areas on this project; and
(2)if there were temporary impact areas on this project, then are there any temporary impact areas on this
project that have not revegetated. NCDOT and DCM should discuss how to proceed given that NCDOT has not
been able to obtain this information.

ACTIA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr., Secretary
October 25, 2006
Philip S. Harris, III, PE, Manager
N.C. Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Harris:
Enclosed please find comments from the N.C. Division of Coastal Management (DCM) on the
following two documents submitted to DCM by the N.C. Department of Transportation
(NCDOT) on April 20, 2005 and August 15, 2005, respectively: "CAMA Permits with
Temporary Impact Monitoring Condition"; and "CAMA Permit Commitment Review." As you
know, in April 2002 DCM and NCDOT began a comprehensive effort to ensure that the
mitigation and monitoring conditions of the CAMA permits discussed in the attached documents
are satisfied.
DCM regrets that it took over a year to provide the attached comments. However, substantial
progress has been made during this period to achieve resolution on many of the projects
discussed in these documents. There are a total of 43 projects with CAMA permits discussed in
the attached documents: 20 projects have mitigation conditions only; 10 projects have temporary
impact monitoring conditions only; and 13 projects have both mitigation conditions and
temporary impact monitoring conditions. Based upon the attached analysis, DCM has
determined that the mitigation and/or temporary impact monitoring conditions of 17 projects
have been completely satisfied.
There are 23 CAMA permits discussed in the attached documents with mitigation and/or
monitoring conditions that remain unsatisfied. Compliance with some of these projects is
imminent or well underway. However, many of these projects have significant outstanding
unresolved issues, and are of particular concern to DCM. I do not believe that a general meeting
is necessary to discuss these projects. Instead, I hope that our staffs can put an emphasis on
working together to resolve the outstanding issues as detailed in the attached documents.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Please ask your appropriate staff to contact Cathy Brittingham at(919) 733-2293 x238 or via e-
mail at [e-mail] to discuss next steps for projects within Division One.
To discuss next steps for projects within Divisions Two and Three contact Steve Sollod at (919)
733-2293 x230 or via e-mail at Steve.Sollodia::ncrnail.net. Please also feel free to contact me at
[phone] or via e-mail at Doug.Huggett(" ncmail.net if you have any general questions or
concerns.
Sincerely,
1-1
Doug Huggett
Major Permits and Consistency Coordinator
CC: Deborah Anderson
Cathy Brittingham
Linda Fitzpatrick
Randy Griffin
Charles Jones (w/o attachments)
Steve Sollod
Ted Tyndall (w/o attachments)

t .
DCM Evaluation of NCDOT's
"CAMA Permits with Temporary Impact Monitoring Condition"
DIVISION ONE
1. TIP NO. R-2512,US 17 BRIDGE, CHOWAN RIVER, CHOWAN COUNTY, CAMA
PERMIT NO. 88-96
The CAMA Permit Commitment Review document prepared by RK&K dated 9/22/03 states that: "No
temporary impacts occurred with this project as the project was completed using top-down
construction." However, the CAMA Permit Commitment Review document prepared by RK&K
dated 9/22/03 also states that: "As stated in the October 23, 1997 COE permit modification(Permit
No. 199705883) and reiterated by Mr. Randy Turner, NCDOT Project Management Team Leader, in a
meeting on January 27, 2003, there were no temporary impacts associated with this project. Attempts
to restore temporary impacts were unsuccessful and these impacts were subsequently calculated as
permanent impacts and debited accordingly." Furthermore, the CAMA Permits with Temporary
Impact Monitoring Condition document prepared by NCDOT dated 4/20/05 requests an interagency
inspection to determine compliance of the temporary condition of the permit although an interagency
inspection is not a requirement of this CAMA permit. DOT needs to comply with permit conditions
18 (Permit No. 88-96) and 19 (Permit No. 89-96) by providing DCM with a written statement for
the permit file that reconciles the above conflicting information and certifies: (1) whether there
were any temporary impact areas on this project; and (2) if there were temporary impact areas
on this project,then are there any temporary impact areas on this project that have not
revegetated and that have not been previously reclassified as permanent impacts. If there are
any temporary impact areas on this project that have not revegetated, and that have not been
previously reclassified as permanent impacts, then DOT needs to notify DCM and contact DWQ
and USACE to determine mitigation requirements. DCM was not able to locate a copy of the
above referenced October 23, 1997 COE modification,therefore NCDOT is requested to provide
a copy of it to DCM as supporting documentation.
2. R-2512B,BRIDGE OVER PEMBROKE CREEK AND ASSOCIATED IMPROVEMENTS
TO US 17, CAMA PERMIT NO. 89-96, CHOWAN COUNTY.
Same comments as above for CAMA Permit number 88-96.
3. R-2551,US 64-264 INCLUDING A NEW BRIDGE ACROSS THE CROATAN SOUND,
DARE COUNTY, CAMA PERMIT NO. 7-98
The CAMA permit commitment review document prepared by RK&K dated 9/22/03 states: "RK&K
field-reviewed temporary impact areas with Mr. Midgett and Mr. Hernandez on January 15, 2003. The
temporary impact area associated with the work trestle located along the northwest bridge approach
appeared to be graded to wetland elevation. As completion of this project occurred in 2002, it is too
early to determine if these areas are reattaining jurisdictional status. Photographs of impact areas
located in the northwestern bridge quadrant taken in March 2003 are included below."
The CAMA permit commitment review document prepared by RK&K dated 9/22/03 states: "NCDOT
should continue annual monitoring at established mitigation sites as well as at temporary impact
areas....an agency meeting should be scheduled in 2005 (three years post-construction) to review the
status of temporary impact areas. As stated in WQC No. 3167 issued November 1997, all temporary
impact areas should be restored in accordance with the finalized DWQ restoration policy."
Page 2 of 7, 10/25/2006

DCM Evaluation of NCDOT's CAMA Permit Commitment Review
SAV requirements
There is no documentation in the CAMA permit file that the SAY requirements of this project have
been satisfied in accordance with CAMA permit condition number 16. The CAMA Permit
Commitment Review document prepared by NCDOT dated 8/15/05 includes a copy of a cover letter
dated 3/26/02 from Lindsey Riddick to the USACE (Mike Bell)providing the post construction survey
for SAV near the eastern terminus of the new bridge over the Chowan River. However, a copy of this
report was not provided to.the DCM-Raleigh Office and unfortunately, DCM does not seem to have a
copy of the report. DOT is requested to provide DCM with a copy'of the post construction survey for
submerged aquatic vegetation(SAV)near the eastern terminus of the new bridge over the Chowan
River. In accordance with CAMA permit condition number 16,please ensure that if SAV's have been
lost, the report also contains a mitigation plan to compensate for the losses, in accordance with the
permit condition. CAMA permit condition number 16 also requires that: "the mitigation plan must be
approved by DEM and DCM."
The RK&K report recommends that DOT prepare a mitigation plan to compensate for SAV impacts.
The CAMA Permit Commitment Review document prepared by NCDOT dated 8/15/05, states that:
"the SAV survey showed an impact on 4 sites for a total of 0.494 acre of SAV impact. The NCDOT
will propose to fund a SAV study in the Chowan River basin to mitigate for the impacts to SAVs from
this project. The proposal for this study will receive prior approval from the DCM." DCM has not yet
received this proposal. It is critical that DOT forward it to DCM as soon as possible.
The NCDOT has performed both a pre-construction and a post-construction SAV survey. Copies are
attached.
Temporary impact monitoring requirements: Please refer to the DCM document titled: "DCM
Evaluation of NCDOT's `CAMA Permits with Temporary Impact Monitoring Condition', dated April
20, 2005."
R-2512B, BRIDGE OVER PEMBROKE CREEK AND ASSOCIATED IMPROVEMENTS TO
US 17, CAMA PERMIT NO. 89-96, CHOWAN COUNTY.
,C Same comments as above for CAMA Permit number 88-96.
NC"calD
ue to insufficient and conflicting information,the NCDOT requested an interagency site inspection to
re) - y to determine if the commitment had been met.No inspection has been scheduled with the NCDOT
y the NCDCM.
c a5
5. R-2551,WIDENING OF US 64-264 FROM WEST OF MANNS HARBOR TO SR 1105,
CONSTRUCTION OF NEW 4/5 LANE FACILITY FROM SR 1105 TO US 64-264/NC 345,
INCLUDING A NEW BRIDGE ACROSS THE CROATAN SOUND,DARE COUNTY, CAMA
PERMIT NO. 7-98
Submerged aquatic vegetation requirements:
DCM has not received any documentation from NCDOT that the submerged aquatic vegetation
requirements of CAMA Permit No. 7-98 have been satisfied. The CAMA permit commitment review
document prepared by RK&K dated 9/22/03 states: "In order to fulfill mitigation commitments
Page 3 of 19, 10/25/2006

DCM Evaluation of NCDOT's CAMA Permit Commitment Review
to provide DCM with an acknowledgement letter documenting that 5.58 acres of credits have been
debited from the successful coastal wetlands at Ballance Farm. After DCM receives this
acknowledgement letter from EEP,we will be able to send a letter to DOT acknowledging that DOT
has satisfied it's mitigation requirements for this project through successful coastal wetland mitigation
at the Ballance Farm mitigation site.
In the 2005 response,the NCDOT reported that the mitigation for this project had been performed. The
NCDOT requested to attend a site visit with the NCDCM to determine if any further mitigation was
necessary. The NCDCM did not contact the NCDOT about a site visit. The Ballance Farm was closed
out per a letter from NCDCM dated 9/21/07 (attached). All permit requirements for this project/permit
have been fulfilled. EEP was contacted to verify consultant's findings. The consultant verified success
of this project to Rita Mroczek. It should be noted that the EEP is managing these assets and
communication with the agencies is as agreed in the MOAs.
3. B-2536,BRIDGE 8 OVER COINJOCK BAY ON SR 1245, CURRITUCK COUNTY, CAMA
PERMIT#101-95.
In a letter of acceptance dated 7/21/05, EEP says it will deduct 0.68 acres of coastal marsh creation
from the transferred asset balance from the Ballance Farm mitigation site (0.17 acre impact x 2:1
mitigation ratio=0.34 credits; 0.34 credits x 2:1 credit ratio (creation) = 0.68 mitigation credits
required. The mitigation requirements of this project have been met to DCM's satisfaction.
4. TIP NO. R-2512,US 17 BRIDGE, CHOWAN RIVER, CHOWAN COUNTY, CAMA
PERMIT NO. 88-96.
Wetland Mitigation Requirements
Wetland mitigation sites for this project are Company Swamp, Dismal Swamp and Pembroke Creek.
The wetland mitigation sites for this project have all been accepted as successful and closed out by
DCM. The Company Swamp Mitigation Bank was created by the NCDOT to compensate for
unavoidable wetland impacts occurring from NCDOT highway projects near the Roanoke River.
Company Swamp is a preservation bank and consists of 1031 acres located in Bertie County,North
Carolina. The Dismal Swamp mitigation site was closed out by DCM through internal memorandums
dated 10/27/05, 12/16/05 and 6/22/06. The Pembroke Creek mitigation site was closed out by DCM
through internal memorandums dated 10/27/05, 12/16/05 and 6/22/06. The wetland mitigation
requirements of this project have been met to DCM's satisfaction.
Page 2 of 19, 10/25/2006

Cathy Brittingham Notes, 7/6/06
CAMA Permit No. 88-96 and 89-96
Wetland Impacts=
16.20 acres of Section 404 wetlands (8/7/96) +2.25 acres of Section 404 wetlands
(12/20/96) + 1.14 acres Section 404 wetlands+ 1.85 acres Section 404 wetlands +2.6
acres Section 404 wetlands =24.04 acres impacts
Wetland Mitigation=
103.8 acres preservation Company Swamp + 13.3 acres preservation Company Swamp+
26 acres preservation Company Swamp= 143.10 acres preservation
2.69 acres BLH non-riverine Dismal Swamp+ 8.6 acres SPH riverine Dismal Swamp+
1.93 acres BLH non-riverine Dismal Swamp+3.89 acres BLH non-riverine Dismal
Swamp +2.39 acres BLH non-riverine Dismal Swamp+4.725 acres SPH restoration
Pembroke Creek+2.6 acres SPH restoration Pembroke Creek=26.285 acres
restoration.
NOTE: CAMA Permit No. 88-96 also had SAV impacts with monitoring and mitigation
requirements

Aggim
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
MEMORANDUM
TO: Mitigation Site files
FROM: Cathy Brittingham ''��
DATE: 6/22/06 O'4`i)1-J4'/\
SUBJECT: Internal close-out: Pembroke mitigation site, GatestPerquimaiis counties; Dismal
Swamp mitigation site, Gates/Perquimans counties; and Tucker mitigation site,
Currituck County.
Given that so much time has passed, and that this mitigation is for 404 wetlands, DCM is closing out
the site internally through a file note. DOT has already ceased monitoring. There are no permit
conditions requiring that we send a written close out letter.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

.3(1 -N
MEMORANDUM
TO: Cathy Brittingham
CC:
FROM: Melissa Carle ,
DATE: December 16, 2005 Cj�i/Ja
SUBJECT: Pembroke Creek Mitigation Site, GatesJPerqui s•County
I agree that DCM can consider the Pembroke Creek Mitigation Site to be closed out. I have not
visited this site. However, the site has consistently met both hydrologic and vegetation success
criteria throughout the monitoring period. The mitigation performed at this site can be
considered successful based on the success criteria detailed in the Mitigation Plan.
Page 1 of 1

•
FY- 9�
MEMORANDUM
TO: Cathy Brittingham
CC:
FROM: Melissa Carle
DATE: December 16, 2005
SUBJECT: Dismal Swamp Mitigation Site, Gates/Perquimans County
I agree that DCM can consider the Dismal Swamp mitigation site to be closed-out. I have not
visited this site. In April 2004, I noted that several of the monitoring wells along the outer edges
of the site had not consistently met the hydrologic success criteria. This issue was addressed at
the DOT Mitigation Site Review Meeting held later that month. I do not have detailed notes
from that meeting and I do not remember how the issue was resolved. However, the vast
majority of the site did consistently achieve success criteria and given that the site serves as
mitigation for impacts to 404 wetlands, I am willing to accept the site as successful if USACE
has already done so. I was unable to attend the Division I site visits in summer 2004. I believe
that Steve Sollod attended the site visits for DCM.
Page 1 of 1

t
CAMA Permit No. 89-96
TIP No. R-2512B
Pembroke Creek
Chowan County
CAMA Permit No. 89-96 was issued for TIP No. R-2512B located in Chowan County.
The project is for improvements to US 17 to replace the bridge over Pembroke Creek.
The LET Date for the project was 9/17/96 with a completion date of 11/29/99. This
project is complete and an interagency inspection is requested to determine compliance of
the temporary impact condition of the permit.
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' 1 r0T6° 9' 30.b0"IW I I I I I I I I I 10'6°I39'O.do"W I I I I I I I I I 1076° 8 8 ' 30.b0"'W I I I 1 1 I I 1 1 10'6°138'0.d0" 1
Name: EDENHOUSE Location: 036°03'54.2" N 076°38'51.2" W
Date:4/15/105 Caption: R-2512B
. Scale: 1 inch equals 1000 feet CAMA#89-96
Copyright 17,Maptech,Inc.

Page: 1 Document Name: untitled
DDS1 PROJ MASTER SCHEDULE-GEN/ENG ASSIGNMENTS OFFICIAL TIP: R-2512 E
UPDATED: 02/22/00 OFY CFY PFY AUTH RPE: BLEVINS
WBS: 34441. 1 .4 PLAN RPDE: HAMIDI
PROJ: 8T010602 DSG SPE: RAYNOR
FA PROJ: DPI-0199 (005) R/W SPDE: CHEEK
COUNTY: CHOWAN DIV: 01 CON 96 96 DSPEE:
CITY: %COMP DATE COMP P&E UNIT:
ROUTE: US017 R/W PLAN: 100 10 16 95 C P&E ENG: MCINNIS
LENGTH/MI: 006 . 880 FINAL PLAN: 065 05 28 96 C LOCATION: MCKNIGHT
LENGTH/KM: 011 . 070 STR PLAN: 100 05 14 96 C PHOTO: DIXON
#STR/TYPE: 3GS, 1RO, 1SX HYDRO:
TYPE PROJ: # PARCELS: 010 TRFE: BOURNE
TYPE: 045 # RELOCATEES: PERMIT NS UNIT: TURNER
STATUS : ACQ TIME: 010 PERMIT NS SPEC:
BORROW: BEG MILEPOST: STR COOR:
PRODUCTION SCHEDULE T. I .P. SCHEDULE STR FRM:
R/W: R/W : 10 16 95 C RDY FRM: TGS ENGINEERS
LET: LET : 09 17 96 C RES E:
COMP: 11 29 99 C RIVER BASIN:
UTL IMPACT: M MPO: MITIGATION SITE:
DESCRIPTION: US 17 FROM EAST OF CHOWAN RIVER TO 1700 ' EAST OF US 17B EAST OF
EDENTON
ENTER-DDS2 PF1-PREV SCR PF2-UPDATE PF3-PRINT PF4-PLAN PF5-PMMI PF7-BKWD PF8-F
J ,�a<<lce erk
�h� c c:-) .
Date: 2/25/2005 Time: 08 : 28 :22 AM

Page : 1 Document Name: untitled
DDS7 PERMITS AND AGREEMENTS INFORMATION OFFICIAL PAGE
-7P NUM: R-2512B PROD LET: PERMIT SP: TURNER
:OJ NUM: 6039002T TIP LET: 09-17-96 P & E ENG: MCINNIS
WBS NO: 34441 . 1.4 DIVISION: 01 HYDRO:
COUNTY: CHOWAN MIT SITE:
RIV BASIN:
DESCRIPT: US 17 FROM EAST OF CHOWAN RIVER TO 1700 ' EAST OF US 17B EAST OF
EDENTON
STATUS :
NO FURTHER ACTION REQ'D.
ACTIVITY OUT IN
360 CORP OF ENGS 404 PERMIT 03-15-96 C 08-20-96 C
380 STATE 401 WATER CERTIF 03-15-96 C 05-21-96 C
390 STATE CAMA PERMIT 03-08-96 C 06-06-96 C
410 STR AGREEMENT TO RAILROAD 10-27-95 C 07-24-96 C
ENTER-DATES (DDS8) PF1-PREVIOUS SCREEN PF3-PRINT
Date: 2/25/2005 Time : 08 : 29 : 50 AM

TEMPORARY
PROJECT IMPACT
CAMA COMPLETION MONITORING
TIP# PERMIT # WATER BODY COUNTY DATE COMPLETION CONCLUSIONS
Bertie/ Monitoring complete - Needs site
R-2512A 88-96 Chowan River Chowan 8/3/2000 8/3/2003 inspection with DCM
Monitoring complete- Needs site
R 2512B 89-96 Pembroke Creek Chowan 11/29/1999 11/29/2002 inspection with DCM
Monitoring complete - Needs site
B-2805 101-97 Smith Creek Beaufort 5/15/1998 5/15/2001 inspection with DCM
7-98 (Minor Croatan
Mod. Issued Sound/Spencer A=6/20/03 A=6/20/06 Monitoring complete - Needs site
R-2551 5/1/00) Creek Dare B=7/2/03 B=7/2/06 inspection with DCM
COE closed out site in 2004 as
compliant; need DCM close out
B-3011 111-99 Moore's Creek Pender 11/30/2001 11/30/2004 confirmation
11/25/03; based
on Beau. Co. soil
survey; 5 of 10
years at 28 Monitoring complete - Needs site
B-2806 29-00 Cuckold's Creek Beaufort 8/30/2001 degree F. temp. inspection with DCM
6/7/05 (3rd Year Roadside Environmental has OK'd this
B-3193 46-00 Scranton Creek Hyde 6/7/2002 Monitoring) project for site inspection
Monitoring complete-restoration
signed off by DCM as successful
B-2513 116-00 Hood Creek Brunswick 6/7/2002 6/7/2005 and compliant with permit
Roadside Environmental inspected
this site on 3/7/05; site is under
(projected for construction; DCM will be notified
NE Cape Fear Aug./Sept. of Aug./Sept. of upon completion of project and start of
R-2633C 130-00 River New Hanover 2005) 2008 monitoring

CAMA Permit No. 89-96
TIP No. R-2512B
Pembroke Creek
Chowan County
CAMA Permit No. 89-96 was issued for TIP No. R-2512B located in Chowan County.
The project is for improvements to US 17 to replace the bridge over Pembroke Creek.
The LET Date for the project was 9/17/96 with a completion date of 11/29/99. This
project is complete and an interagency inspection is requested to determine compliance of
the temporary impact condition of the permit.

. V—g
�'sT op.-
DEPARTMENT OF THE ARMY - ; "
. 7N WILMINGTON DISTRICT,CORPS OF ENGINEERS , \ I . :47 Li
w ` 1,/1 : P.O.BOX 1890S�
a iIII�;', WILMINGTON.NORTH CAROLINA 28402-1890 2004
G2j`°5>A7E5~Of `p�P nE rmoN OF: GIV.OF COASTAL MANAGEMENT
September 9, 2004 -RALEIGH
Regulatory Division
Action ID No. 200010328 RECFVED
SEP 1 3 2004
ON.OF COASTAL MANAGEMENT
WEIGH
Mr. Philip S. Harris, III, P.E., Manager
North Carolina Department of Transportation "; .. A
Project Development &Environmental Analysis ° _
Office of Natural Environment }' ;,3 -.;.
1548 Mail Service Center _i M1 :014
1.
Raleigh, North Carolina 27699-1548
Dear Mr. Harris: O1 Ma4=
This correspondence is in reference to your letter dated July 29, 2004, regarding the
Dismal Swamp Mitigation Site in Gates/Perquimans Counties,North Carolina. This site is 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 site will be
required since the construction and success criteria for the mitigation site 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

Copies Furnished:
Mr. Doug Huggett
Division of Coastal agement
North Carolina Department of Environment and
Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Ms. Becky Fox
U.S. Environmental Protection Agency/EAB
1349 Firefly Road
Whittier,North Carolina 28789
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort,North Carolina 28516
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmore,North Carolina 27522
Mr. Chris Militscher
U.S. EPA, Raleigh Office
310 New Bern Avenue, Room 206
Raleigh, North Carolina 27601
2

•
•
RE
D
Pn
.w► JUL ,
0
2004
ON OF COASTAL MANAGEMENT
T
STATE OF NORTH CAROLINA
GH
DEPARTMENT OF TRANSPORTATION
•
MICHAEL F.EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
July 29, 2004
Mr. Bill Biddlecombe
Washington Regulatory Field Office ACOE
P.O. Box 1000
Washington,NC 27889-1000
Re: Dismal Swamp Mitigation Site, Gates/Perquimans Counties, State Project No.
6.129003T, TIP No. R-2208WM (see below for project nos. for site), USACE Action ID Nos.
199401492, 199400991, 199500023, 199504770, 199304571, 199400838, 199706721,
199706722, 199502334; DWQ Project Nos. 94203, 960280, 991270, 95122, 970098, 970856,
991270; CAMA Project Nos. 88-96, 124-95, 89-96, 62-97, 7-98
Dear Mr. Bill Biddlecombe,
As you are aware,the Department has monitored the Dismal Swamp Mitigation Site since its
construction in the summer of 1996.Monitoring was restarted in March of 1999 after phase 2 of
construction work and phase 2 of tree planting. Located in Gates and Perquimans Counties, this
612-acre site is designed to provide non-riverine and riverine restoration along with some
preservation. Hydrologic gauges were installed February 1997 and phase 2 tree planting occurred
February 1999.NCDOT proposed to monitor the Dismal Swamp site for at least five years or
until the success criteria were met; both hydrologic and vegetation monitoring were conducted
each year. After each growing season, annual monitoring reports were submitted to the
appropriate regulatory agencies.
The following roadway projects have been debited from this site: R-2208 (A&Amod); R-2512
(A/B, A/B mod, & B mod), R-2515 A, R-2228 A, R-2404 B/C, R-2551, K-4003, SR-1180, SR-
1135, SR Flat Branch.
Hydrologic success criteria stipulated that the site must be inundated or saturated within 12-
inches of the surface for a consecutive 12.5%of the growing season. The growing season is 232
days in New Hanover County; therefore,the criterion is a consecutive 29 days. The Annual
Report for 2003 provides a summary of the hydrologic data(the percentage of the growing
season that saturation was indicated) at each groundwater gauge location for the past five years of
monitoring.
As the summary table in the 2003 Annual Monitoring Report indicates, most of the hydrologic
gauges for this site have been consistently inundated or saturated for the majority of each
growing season since phase 2 of site construction. In the spring of 2002, five surface water
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BOULEVARD
1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1598

gauges were installed to illustrate surface water levels in the riverine area of the mitigation site.
The region has experienced above to below average rainfall. A more detailed analysis of site
hydrologic conditions is provided within each individual annual monitoring report.
After five years of vegetation monitoring, vegetation data for 2003 shows that the site has met
vegetative success criteria by yielding an average density of 463 trees per acre surviving. None of
the four planting zones had a survival density that was below the 5-year requirement. Yearly
monitoring data is provided within the annual monitoring reports submitted between 1998 and
2003.
During the annual monitoring report meeting on April 29, 2004,NCDOT and resource agencies
agreed that the Dismal Swamp Mitigation Site could be closed and that monitoring could be
discontinued.A site review was held on July 27,2004 with representatives from NCDOT,
CAMA, USCOE, WRC, USFWS, and EPA. It was decided at this site review that the Dismal
Swamp mitigation site could be closed and monitoring discontinued.NCDOT requests that the
appropriate resource agencies provide documentation stating that no further monitoring is
required and that the site is closed. If you have any questions about this project,please contact
Mr. Randy Griffin at [phone].
Sincerely,
•
Philip S. Harris, III,P.E.,Manager
PDEA- Office of Natural Environment
cc: Mr. John Hennessy, NCDWQ
Ms. Nicole Thomson,NCDWQ
Mr. Mike Bell, USACOE
Mr. Travis Wilson, WRC
Mr. Chris Militscher,EPA
Mr. Gary Jordan, USFWS
Ms. Lynn Mathis, CAMA
Mr. Steve Sollod, CAMA
Mr. Tommy Douglas,NCDOT
Mr. Freddie Wescott,NCDOT
Mr. Jason Elliot,NCDOT
Mr. Clay Willis,NCDOT
Mr. Ron Sechler,NOAA

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I
INTRODUCTION
Rummel, Klepper, and Kahl, LLP conducted a review of the North Carolina
Department of Transportation's (NCDOT) mitigation commitments to the Division of
Coastal Management (DCM) for 33 transportation related projects. The project period
spanned the ten-year period from 1992 through 2002. RK&K thoroughly researched
files located in the PD&EA Branch of NCDOT as well as NCDOT archive files to locate
Coastal Area Management Act (CAMA), United States Army Corps of Engineers (COE)
and Division of Water Quality (DWQ) permits as well as mitigation plans and monitoring
reports, where applicable. Following this background review, RK&K personnel
conducted interviews with PD&EA personnel regarding specific projects. RK&K then
visited NCDOT Division and/or District offices as necessary to acquire as much
supplemental information as possible. Field visits to project sites consisted of visits to
temporary impact areas and any transportation projects containing on-site mitigation not
documented in annual NCDOT monitoring reports or mitigation bank debit ledgers.
S The following report summarizes RK&K's findings. Each of the 33 projects is
described beginning with an executive summary of the project. The summary is followed
by a timeline listing dates that NCDOT received CAMA, COE and DWQ permits as well
as any significant dates pertaining to mitigation. The timeline is followed by a listing of
commitments quoted directly from the permits. Commitments are sorted into categories
by permits and subsequent modifications and/or refinements that affect compensatory
mitigation. This list represents documentation retrieved from NCDOT files. RK&K was
unable to locate all permits and modifications for all 33 projects. Permits or
modifications that did not address mitigation are not included in the list. Following permit
S commitments, each project contains an update on the mitigation status and
recommendations of actions necessary to satisfy project commitments. It is possible
that additional measures have been taken by NCDOT to complete DCM mitigation
commitments and this information was not available at the time of RK&K's review.
Documentation of mitigation credits debited for specific projects is included, if applicable.
Throughout this document, reference to the "master" debit ledger refers to the wetland
debit ledger maintained by Mr. Phil Harris, P.E., Manager, NCDOT Office of Natural
Environment.
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Fq-% 014
R-2512 CAMA Permit No. 88-96
Executive Summary
NCDOT constructed a bridge replacement as part of the project to upgrade US
17 in Chowan and Bertie Counties (T.I.P. Project No. R-2512). Bridge No. 38 is located
on the Chowan River on the borders of Bertie and Chowan Counties. NCDOT received
the initial CAMA permit in May of 1996 and the COE permit in August 1996. Several
permit modifications reflecting additional impacts and required mitigation occurred
between 1996 and 1997. RK&K conducted a field review of the project site with Mr.
Sterling Baker, NCDOT District 3 Engineer for Division 1, in January 2003. No
temporary impacts occurred with this project as the project was completed using top-
down construction. NCDOT mitigated for permanent wetland impacts through the
Dismal Swamp and Pembroke Creek Mitigation Sites. NCDOT completed the bridge
project in the spring of 1999. In fulfillment of permit requirements, Landmark Design
Group, acting for NCDOT, prepared a report dated February 2002 detailing the results of
a post-construction survey for SAV impacts in the Chowan River. In order to complete
permit requirements, NCDOT should prepare a mitigation plan to compensate for SAV
impacts resulting from the bridge construction projects and continue monitoring the
Dismal Swamp and Pembroke Creek Mitigation Sites until success criteria are met.
Monitoring gauge problems at the Pembroke Creek Site should be addressed. NCDOT
should update DCM on the progress of mitigation and monitoring activities associated
with R-2512 as correspondence from DCM dated April 29, 2002 states that DCM has no
record of mitigation for this project.
Project Description
NCDOT constructed a bridge replacement as part of the project to upgrade US
17 in Chowan and Bertie Counties (R-2512). Bridge No. 38 is located on the Chowan
River on the borders of Bertie and Chowan Counties. This project resulted in multiple
wetland impacts, some of which were high quality wetlands. The original CAMA permit
application, dated March 8, 1996, states that no coastal wetlands occurred within the
project impact area; however, mitigation for Section 404 wetland impacts was addressed
by the COE in an Individual Permit application, dated March 15, 1996. DCM issued a
CAMA major development permit (No. 88-96) on May 29, 1996 for the Chowan River at
US 17 bridge crossing and a permit (No. 88-96) on June 26, 1996 for Pembroke Creek
at US 17 bridge crossing. DCM issued a modification on January 2, 1997 as well as a
modification and renewal of permit No. 88-96 on February 25, 2000.
The COE issued an individual permit (No. 199400991) on August 9, 1996
permitting impacts to 16.20 ac of 404 wetlands and 0.22 ac of open waters of the United
States adjacent to Chowan River, Pembroke Creek, and the associated tributaries.
Several permit modifications reflecting additional impacts and required mitigation
occurred between 1996 and 1997. DWQ issued a WQC (No. 3066) on May 21, 1996.
No temporary impacts occurred as the project was completed using top-down
construction. The US 17 bridge was opened to traffic in the spring of 1999.
1

I
IProject Timeline
• May 21, 1996: WQC Certification No. 3066 issued.
• May 29, 1996: CAMA Permit No. 88-96 issued.
I . June 2, 1996: CAMA Permit No. 88-96 issued.
• August 9, 1996: COE Permit No. 199400991 issued.
• December 20, 1996: Pre-construction SAV survey report completed.
• November 1998: Construction of Dismal Swamp Mitigation Site and Pembroke
Creek Mitigation Sites completed.
• Spring 1999: US 17 Bridge completed.
• May 3, 2001: COE Notification of Unauthorized Activity for Permit No. 199400991
issued.
• February 2002: Post-construction SAV survey report completed.
I • January 14, 2003: RK&K field-review completed.
Permit Commitments
NCAMA Permit No. 88-96 issued 5/29/96 (Chowan River at US 17 bridge crossing)
16) Surveys for submerged Aquatic Vegetation (SAV) shall be conducted prior to
the initiation of construction activities in the Chowan River. The areas shall again
be surveyed immediately after completion of the bridge. A report detailing the
findings shall be submitted to DEM for review. If SAVs have been lost, the report
shall also contain a mitigation plan to compensate for the losses. This mitigation
plan must be approved by DEM and DCM.
17) Compensatory wetland mitigation shall be in accordance with the Corps of
• Engineers. DCM shall be copied on the approved ratio, location, size and
method of debit (restoration, enhancement, creation and preservation).
18) Wetland sites impacted by temporary construction access shall be monitored
to insure that natural revegetation is occurring. If a site is not revegetating within
one year of the date the construction access is removed, NCDOT shall plant the
site with the original species that were present prior to the construction.
CAMA Permit No. 88-96 issued 6/2/96 (Pembroke Creek at US Hwy 17 bridge
crossing)
18) Compensatory wetland mitigation shall be in accordance with the Corps of
Engineer's requirements. DCM shall be copied on the approved ratio, location,
size and method of debit restoration, enhancement, creation and preservation.
I
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I .
19) Wetland sites impacted by temporary construction access shall be monitored
to insure that natural revegetation is occurring. If a site is not revegetating within
one year of the date the construction access is removed, NCDOT shall plant the
site with the original species that were present prior to the construction.
COE Permit No. 199400991 issued 8/9/96
Permits impacts to 16.20 ac of 404 wetland impacts and 0.22 ac of open water
impacts.
Permit Conditions
e) Mitigation will be debited from the Dismal Swamp Mitigation Site in the form of
2.69 ac of non-riverine wetlands and 8.6 ac of riverine wetlands. All work is to be
halted if not complete by 4/1/97.
f) Restore, monitor, and maintain 5 acres of riverine wetlands adjacent to
Pembroke Creek. All plantings must be complete by 4/1/98.
I) Mitigation for 10.38 ac of high quality riverine wetlands will be debited from the
Company Swamp Mitigation Bank (Bertie County) as 103.8 ac.
n) Pre- and post-construction SAV surveys must be conducted at the bridge site.
Report with results will be submitted to COE within 60 days after construction
completion. The report must contain a mitigation plan if data shows that any
SAVs have been lost. Report will be approved by DWQ and COE.
o) Temporary road access will be removed within 30 days of project completion.
If site is not being recolonized (80% areal coverage) with native wetland
vegetation within one year, site will be replanted.
COE Permit No. 199400991 modified 12/20/96
Permits clearing and maintaining an additional 2.25 ac of 404 wetlands adjacent
to Chowan River, Pembroke Creek, and unnamed tributaries and authorizes
changing artificial reef enhancement requirements (Condition t) from mandatory
to elective requirements.
Permit Conditions
a) The NCDOT will mitigate the project impacts by restoring 1.93 acres of non-
riverine wetlands at the Dismal Swamp Mitigation Site (DSMS) in Gates and
Perquimans County and by debiting 13.3 acres of'riverine wetlands from the
Company Swamp Mitigation Bank in Bertie County.
b) The mitigation work undertaken at the DSMS pursuant to the plan entitled,
"Compensatory Mitigation Plan: N. C. Department of Transportation US 17
Widening, Edenton to Hertford Traffic Improvement Project (TIP): R-2208A
Chowan and Perquimans Counties, North Carolina", dated April 1995, and will be
commenced immediately and implemented concurrently with all phases of
construction activities authorized by this permit modification to the extent
3

I . .
I necessary to construct, monitor and maintain 1.93 acres of non-riverine wetlands
to the satisfaction of the Corps of Engineers. All work within waters and/or
wetlands authorized by this permit modification shall cease if planting is not
I undertaken in accordance with the mitigation plan. Any deviation from this
schedule must be approved by the Wilmington District, U. S. Army Corps of
Engineers, Regulatory Branch.
Ic) Once the acreage at the DSMS utilized to satisfy condition (a.) above has
been identified, NCDOT shall survey it, and provide the Corps of Engineers a
I copy of the survey. NCDOT shall maintain the acreage described in this
paragraph in the condition achieved by implementation of the mitigation plan, and
approved by the Corps of Engineers, in perpetuity.
ICOE Permit No. 199400991-Notification of Unauthorized Activity/Permit
Nonompliance issued 5/3/01
I COE cited NCDOT for placing bridge material in wetlands along eastern side of
Chowan River. Requires restoration or permit modification by 5/18/01.
ICOE Permit No. 199706721 modified 10/31/97
Permits construction of interchange ramps within 1.14 ac of 404 wetlands.
IPermit Conditions
I a) NCDOT will mitigate the project impacts by restoring 2.39 acres of non-
riverine wetlands at the Dismal Swamp Mitigation Site (DSMS) in Gates and
Perquimans County. The mitigation work undertaken at the DSMS pursuant to
I the plan entitled, "Compensatory Mitigation Plan: N. C. Department of
Transportation US 17 Widening, Edenton to Hertford Traffic Improvement Project
(TIP): R-2208A Chowan and Perquimans Counties, North Carolina", dated April
1995, and will be commenced immediately and implemented concurrently with all
Iphases of construction activities authorized by this permit modification to the
extent necessary to construct, monitor and maintain 2.39 acres of non-riverine
wetlands to the satisfaction of the U. S. Army Corps of Engineers. Any deviation
I from the mitigation site construction schedule must be approved by the Corps,
Regulatory Division.
I b) The permittee shall identify and survey the acreage at the DSMS utilized to
satisfy condition (a.) above and provide a copy of the survey to the Corps,
Washington Regulatory Field Office, NCDOT Project Manager, within 30 days of
IIIthe date of this permit modification.
e) Within two weeks of the date of this permit modification, the permittee shall
I provide the Corps, NCDOT Project Manager, Washington Regulatory Field
Office, with an updated version of the "NCDOT Mitigation Ledger" documenting
utilization of the Dismal Swamp Mitigation site.
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7
COE Permit No. 199706722 modified 10/23/97
Permits construction of 4-foot deep lateral ditches resulting in impacts to 1.85 ac
of 404 wetlands.
Permit Commitments
a) NCDOT will mitigate the project impacts by restoring 3.89 acres of non-
riverine wetlands at the Dismal Swamp Mitigation Site (DSMS) in Gates and
Perquimans County. The mitigation work undertaken at the DSMS pursuant to
the plan entitled, "Compensatory Mitigation Plan: N. C. Department of
Transportation US 17 Widening, Edenton to Hertford Traffic Improvement Project
(TIP): R-2208A Chowan and Perquimans Counties, North Carolina", dated April
1995, and will be commenced immediately and implemented concurrently with all
phases of construction activities authorized by this permit modification to the
extent necessary to construct, monitor and maintain 3.89 acres of non-riverine
wetlands to the satisfaction of the Corps of Engineers. Any deviation from the
• mitigation site construction schedule must be approved by the Wilmington
District, U. S. Army Corps of Engineers, Regulatory Branch.
• b) The permittee shall identify and survey the acreage at the DSMS utilized to
satisfy condition (a.) above and provide a copy of the survey to the U. S. Army
Corps of Engineers, Washington Regulatory Field Office, NCDOT Project
Manager, within 30 days of the date of this permit modification.
e) Within two weeks of the date of this permit modification, the permittee shall
provide the U. S. Army Corps of Engineers, Washington Regulatory Field Office,
NCDOT Regulatory Project Manager with an updated version of the "NCDOT
1111 Mitigation Ledger" documenting utilization of the Dismal Swamp Mitigation site.
COE Permit No. 199705883 modified 10/23/97
Modification addresses unsuccessful attempts by NCDOT to restore temporary
impacts from haul roads and construction pads and re-classifies these areas as
permanent impacts.
• Permit Conditions
a) The mitigation work to restore wetlands at the Pembroke Creek site will be
undertaken as referenced in the August 20, 1997, letter from Mr. H. Franklin Vick
to Mr. Michael F. Bell, to the extent necessary to restore, monitor and maintain
2.6 acres of riverine wetlands to the satisfaction of the Corps of Engineers. The
permittee will submit a final compensatory mitigation plan and construction
schedule within 45 days of the date of this permit modification. If the plan is not
approved by the Corps of Engineers within 60 days of the date of this permit
modification, the permittee shall cease all work within wetlands associated within
this permit action.
b) The permittee shall identify and survey the acreage at the Pembroke Creek
site utilized to satisfy condition (a.) above and provide a copy of the survey to the
5

I
U. S. Army Corps of Engineers, Washington Regulatory Field Office, NCDOT
Project Manager, within 30 days of the date of this permit modification.
I e) The permittee will further mitigate the 2.6 acres of high quality riverine
wetland losses adjacent to the Chowan River by debiting 26.0 acres from the
Company Swamp Mitigation Bank in Bertie County.
f) Within two weeks of the date of this permit modification, the permittee shall
provide the U. S. Army Corps of Engineers, Washington Regulatory Field Office,
NCDOT Regulatory Project Manager, with an updated version of the "NDCDOT
Mitigation Ledger" documenting utilization of the Pembroke Creek Mitigation site.
WQC No. 3066 issued 5/21/96
Conditions of Certification
6) Temporary construction access fill shall be removed immediately after
construction has been complete in the area. If trees are removed, NCDOT shall
revegetate with the same species (or others with DEM approval) within one year
after project completion.
9) Borrow and waste areas shall not be in wetlands.
10) Land clearing in wetlands shall conform to Method II (no clearing beyond toe-
of-slope).
11) Surveys for SAV shall be conducted prior to the initiation of construction
activities in the Chowan River. The area shall again be surveyed immediately
after completion of the bridge. A report detailing the findings shall be submitted
to DEM for review. If SAV have been lost, the report shall also contain a
mitigation plan to compensate for the losses. This mitigation plan must be
approved by DEM.
12) Compensatory wetland mitigation shall be in accordance with the COE.
DEM shall be copied on the approved ratio, location, size and method of debit
(restoration, enhancement, creation and preservation).
Mitigation Status
Reports documenting the status of pre- and post-construction surveys of SAV are
included in NCDOT files as follows:
• Draft Final Report Chowan River Aquatic Investigation: (An Inventory of
Submerged Aquatic Vegetation at the Eastern Approach to Existing and
111 Proposed Bridge Number 38 on U.S. 17, Chowan, N.C.) dated 12/20/96; and
• Final Report Post-Construction Survey of Submerged Aquatic Vegetation of
the Chowan River dated February 2002 prepared by LandMark Design
Group.
I
6

The 2002 SAV survey report documents the absence of vegetation under the old bridge
as in 1996. Beneath the new bridge, there was a loss of 672 m2 of SAV and 436 m2 of
emergent macrophytes, both likely due to shading. South of the new bridge, the SAV
bed was reduced by 203 m2 and emergent vegetation was reduced by 687 m2 . This
loss was likely due to construction and staging activities. The report did not include a
mitigation plan to replace SAV and emergent vegetation losses. In an interview on
December 2, 2002 with Mr. Lindsey Riddick, NCDOT Environmental Supervisor, he
stated that NCDOT is waiting for agency comments on how to mitigate for SAV impacts.
The Dismal Swamp Mitigation Site is located on the Gates and Perquimans
County line and consists of 344 ac of non-riverine BLH mitigation and 37 ac of riverine
SPH mitigation. The debit ledger included in the fourth year (2002) monitoring lists 10.9
BLH credits and 8.06 SPH credits debited for R-2512. The monitoring report states 4 of
23 gauges are not meeting expected success criteria of saturation or inundation within
12 inches for 12.5% of the growing season. The remaining five gauges located on the
site are meeting the specific success criteria set forth. Vegetation exceeded success
N criteria with an average of 482 trees per acre, above the requirement for 320 trees per
acre. Success criteria require the site be monitored for a minimum of five years or until
success criteria are met. NCDOT plans to continue monitoring this site in 2003.
The Pembroke Creek Mitigation Site fourth year (2002) monitoring report lists
7.325 ac of SPH restoration credits debited. (4.725 ac in Phase I and 2.6 ac in Phase II )
for R-2512. The report documents that three out of four monitoring gauges are meeting
project-specific success criteria of groundwater within 20% of reference area. All
gauges met COE 1987 guidance for wetland hydrology (saturated/inundated for 12.5%
of the growing season). One reference gauge experienced problems and produced
invalid readings. Vegetation exceeded success criteria with an average density of 543
trees per acre (320 trees per acre required). Success criteria require the site to be
monitored for a minimum of five years or until success criteria are met. NCDOT plans to
continue monitoring in the 2003 growing season and examine the monitoring gauge and
associated area that are presently not meeting success criteria for problems.
The NCDOT "master" debit ledger documents 143.1 BLH and SPH preservation
credits from the Company Swamp Mitigation Bank located in Bertie County, North
Carolina. RK&K was unable to locate a monitoring report for this site.
As stated in the October 23, 1997 COE permit modification (Permit No.
199705883) and reiterated by Mr. Randy Turner, NCDOT Project Management Team
Leader, in a meeting on January 27, 2003, there were no temporary impacts associated
with this project. Attempts to restore temporary impacts were unsuccessful and these
impacts were subsequently calculated as permanent impacts and debited accordingly.
Recommendations
NCDOT should develop a mitigation plan to compensate for the SAV losses
associated with this project. Monitoring of the Dismal Swamp and Pembroke Creek
Mitigation Sites should continue through 2003 or until success criteria are met.
Monitoring gauge problems at the Pembroke Creek Site should be addressed.
It appears that all mitigation requirements associated with this project have been
appropriately debited. NCDOT should update DCM on the progress of mitigation and
7
1

TEMPORARY
PROJECT IMPACT
CAMA COMPLETION MONITORING
TIP# PERMIT# WATER BODY COUNTY DATE COMPLETION CONCLUSIONS
Bertie/ Monitoring complete - Needs site
R-2512A 88-96 Chowan River Chowan 8/3/2000 8/3/2003 inspection with DCM
Monitoring complete- Needs site
R 2512B 89-96 Pembroke Creek Chowan 11/29/1999 11/29/2002 inspection with DCM
Monitoring complete - Needs site
B-2805 101-97 Smith Creek Beaufort 5/15/1998 5/15/2001 inspection with DCM
7-98 (Minor Croatan
Mod. Issued Sound/Spencer A=6/20/03 A=6/20/06 Monitoring complete- Needs site
R-2551 5/1/00) Creek Dare B=7/2/03 B=7/2/06 inspection with DCM
COE closed out site in 2004 as
compliant; need DCM close out
B-3011 111-99 Moore's Creek Pender 11/30/2001 11/30/2004 confirmation
11/25/03; based
on Beau. Co. soil
survey; 5 of 10
years at 28 Monitoring complete - Needs site
B-2806 29-00 Cuckold's Creek Beaufort 8/30/2001 degree F. temp. inspection with DCM
6/7/05 (3rd Year Roadside Environmental has OK'd this
B-3193 46-00 Scranton Creek Hyde 6/7/2002 Monitoring) project for site inspection
Monitoring complete-restoration
signed off by DCM as successful
B-2513 116-00 Hood Creek Brunswick 6/7/2002 6/7/2005 and compliant with permit
Roadside Environmental inspected
this site on 3/7/05; site is under
(projected for construction; DCM will be notified
NE Cape Fear Aug./Sept. of Aug./Sept. of upon completion of project and start of
R-2633C 130-00 River New Hanover 2005) 2008 monitoring

rerlowq
State of North Carolina
Department of Environmen, APR 2 3 1S96
Health and Natural Resour•::
Division of Coastal Manageme ts.. " • " - . IJr r
iMrw..r r r w•••••••••.wNi
AMMOMMEMEMIK
James B. Hunt, Jr., Governor Co IEHNIF2
Jonathan B. Howes,Secretary
Roger N. Schecter, Director April 19, 1996
Mr. Ted Devens, P.E.
Wetland Mitigation Coordinator
NC DOT Division of Highways
P.O. Box 25201
Raleigh, NC 27611-5201
Re : Dismal Swamp Mitigation Site
Dear Mr. Devens :
Thank you for the opportunity to visit and comment on NC DOT' s
subject mitigation site .
As you know, on March 13 , 1996, NC DOT conducted an on-site
review of the Dismal Swamp Mitigation Plan. This meeting was
attended by several resource agencies . This Plan and site have
been proposed to compensate for wooded wetland impacts which will
occur due to road up-grade activities in Perquimans and Chowan
Counties by NC DOT.
No CAMA AEC impacts have been identified, associated with this
particular road project, therefore, I support the Plan so long as
it satisfies all concerns of the US COE .
The Division of Coastal Management appreciates the efforts
that NC DOT is making to compensate the State for resource impacts
which are due to their road work. This spirit is present on other
projects which I have worked on with NC DOT recently and is very
much appreciated. If our Division can be of other assistance,
please do not hesitate to contact our office in Elizabeth City at
(919) 264-3901 .
Sincerely,
:\J-127PLAT—
Dennis W. Hawthorn
Field Representative
cc : R. Turner
P. Pate
J. Parker
1367 U.S. 17 South.Elizabeth ON,North Carolina 27909 Telephone [phone] FAX [phone]
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