NCDOT 7-98 NOV Request US 264 Croatan Sound, Spencer Creek

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
h DIVISION OF COASTAL MANAGEMENT
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NCDENR ' nl'/.T.
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;CERTIFIED MAIL
.JAMES B.HUNTJR. .RETURN RECEIPT REQUESTED APR 1 t 04
nA
GOVERNOR - eOFC0WMA^`' �`
August 12, 1999 'rift 1�
Mr. R W. Midgett, P.E., Resident Engineer
WAYNE MCDEVITT North Carolina Department of Transportation
SECRETARY _ .4' O. Box 426
Manteo, North Carolina 27954
Re: NOTICE OF VIOLATION AND REQUEST TO
DONNA D;MOFFITT CEASE UNAUTHORIZED DEVELOPMENT
DIRECTOR CAMA VIOLATION#99-24A
....,'Dear Mr. Midgett:
This letter confirms that on July 28, 1999,I met with Mr. Pablo Hernandez, Mr. Lindsey
Riddick and Mr. Chuck Brown of your staff and Mr. Michael Bell and Mr. Tom Walker of the
US Army Corps of Engineers onsite the Croatan Sound Bridge construction site, Manns Harbor,
Dare County. The purpose of the onsite visit was to monitor ongoing work for compliance with
CAMA Major Permit No. 7-98 issued to the North Carolina Department of Transportation
(NCDOT) for the construction of a new vehicular bridge over the Croatan Sound.
Information gathered by me for the Division of Coastal Management indicates that you
have undertaken major development in violation of the Coastal Area Management Act (CAMA).
No person may undertake major development in a designated Area of Environmental
-ii'{ Concern (AEC) without first obtaining a permit from the NC Department of Environment and
- - -_Natural Resources. This requirement is imposed by N.C. General Statute (herein abbreviated
irf ' N.C.G.S.) 113A-118. CAMA Major Permit No. 7-98 was issued to the NCDOT on January 20,
x��� 1998 and modified on September 23, 1998 to allow for the placement of a temporary work
``-1 bridge on the north side of the permanent bridge structure. The purpose of the temporary work
bridge was to eliminate the need for a temporary fill road through Coastal Wetlands during the
.w ; construction process. Information I have indicates that you have undertaken, or are legally
7 may. . .::.�,^ responsible for, the placement of a temporary wooden mat roadway through Coastal Wetlands
"" J` .; to facilitate the removal of excess spoil material deposited in the marsh duringthe jettingof the
� �,«-� P P
ti Y :, ,;�`' ' permanent bridge pilings. You are also responsible for double handling this spoil material
sx ;r s� during the removal process which resulted in the temporary filling of approximately 12,000 sq.
Fli
ft. of Coastal Wetlands. A request to modify CAMA Major Permit No. 7-98 for this work was
-1 's, ,..; 3 never applied for;therefore,I conclude that you are in violation of the Coastal Area Management
1 t2 Act.
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. .i d� 1 "+� n '{�� ELIZABETH CITY OFFICE
Jf . };" rs .4.7 yb .1 1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909
�.,. Grp, .' ; , PHONE [phone] FAX [phone]
S. , 1'`:24.. ;, •y #Ky AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10% POST-CONSUMER PAPER

Mr. R. W. Midgett
August 12, 1999
Page Two
I request that you immediately CEASE AND DESIST any further unauthorized
activities within designated Areas of Environmental Concern. If the development that you have
undertaken is not consistent with applicable standards, as in this case, you will be required to
restore all affected areas to their former conditions. A civil assessment of up to $2,500 may be
assessed against any violator. Each day that the development described in this notice is
continued or repeated may constitute a separate violation which is subject to an additional
assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce
any violation. N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment
of$350 not to exceed$2,500 against all violations. This is done to recoup some of the costs of
investigating violations and/or to compensate the public for any damage to its natural resources.
Whether a higher amount will be assessed depends on several factors, including the nature and
area of the resources that were affected and the extent of the damage to them. If the requested
restoration is not undertaken and completed satisfactorily, a substantially higher civil assessment
will be levied and a court injunction will be sought ordering restoration.
Based upon N.C. Administrative Code, 7H. State Guidelines for Areas of Environmental
Concern,the filling activity you have undertaken is not consistent with Section .0205, Coastal
Wetlands. Therefore,I am requesting that the unauthorized wooden mat roadway and the excess
spoil material be removed in accordance with direction received from Mr. Bell and Mr. Walker
of the USACOE.
Thank you for your time and cooperation in resolving this matter. If you have any
questions about this or related matters, please call me at(252) 264-3901. Pending satisfactory
restoration as directed by the USACOE and an enforcement report to be submitted, you will be
notified as to the amount of a civil assessment for undertaking development without the proper
permits.
Sincerely,
a. 1
Frank A. Jennings, III
Coastal Management Representative
FAJ/dc
cc: Charles S. Jones, Assistant Director, DCM
Raleigh Bland, USACOE
Mike Bell, USACOE
Tom Walker, USACOE
T. Lindsey Riddick, NCDOT

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources
will propose the assessment of a civil penalty in the amount of$350.00 against me for
violation of the Coastal Area Management Act, NCGS 113A-100 gl q, committed on or
near my property in Dare County,North Carolina. I also understand that I have a right under
G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged
violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my part, I accept
responsibility for the violation as described in the Notice of Violation letter dated August 12,
1999, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of$350.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
DATE SIGNATURE
W3xe71-z�
AD REss
N� z 7gs'(
(zc2) 4'73-3C37
TELEPHONE NUMBER

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources
will propose the assessment of a civil penalty in the amount of $350.00 against me for
violation of the Coastal Area Management Act, NCGS 113A-100 .t am committed on or
near my property in Dare County,North Carolina. I also understand that I have a right under
G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged
violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my part, I accept
responsibility for the violation as described in the Notice of Violation letter dated August 12,
1999,voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of$350.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
/Z—(3
DATE SIGNATURE
'a4C 4Z to
AD RESS
*7f..531
4•73-3c. �7
TELEPHONE NUMBER

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
7:1.
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NCDENR
JAMES B.HUNT JR.
GOVERNOR January 3, 2000
Mr. R. W. Midgett, P.E.
WAYNE MCD EVITT. ,.SECRETARY NC Department of Transportation
P. O. Box 426
Manteo. North Carolina 27954
DONNAD-MoFFI,-r RE: Payment of Proposed Penalty for Violations of the Coastal Area
DIRECTOR Management Act. Committed in Dare County
CAMA Violation #99-24A
A
Dear Mr. Midgett:
This letter will acknowledge receipt of your check #5926. in the amount of
S350.00. and dated 12/22/99. Once the amount of the check is credited to the Department
of Environment and Natural Resources' account. this matter will be fully and completely
closed.
If you have any further questions concerning this matter. please contact me at my
Morehead City office. [phone].
Sincerely,
`--N
cas,r
,.. .. i\:
Charles S. Jones U
Assistant Director
CSJ/dc
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cc: Donna D. Moffitt, Director, DCM
Frank A. Jennings, III, DCM
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'`,.. ;6. ELIZABETH CITY OFFICE
1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909
-
-`,:- ;` ' PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-SOY' RECYCLED/10% POST-CONSUMER PAPER

DCM ENFORCEMENT REPORT
(Use for Waivers)
Case #: CR-at-4, Permit #: •'1-aR Consultant: ,S.er>,..•r.cx.cik:
Name: ' dso.. ,• , Cr,•W• / nC�T Address: P.O. . yQl.o
City: ' m o State: fly- Zip: a`haS4 Phone #: ( 1 -
County: - Nearest Water Body: C� r,. �. State Plane X:
LPO: Locality: INS State Plane Y:
Vio Descp: 0,,/.4:: c ( oc a a r 1 `.''cx ),x. IN-c�X
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NOV Sent: S /\a/o1R Violation: Major: Minor: Perm Cond: CAMA: \ _ D&F: -
Restore: Ye-S Requested: 08 / /0-- / 9, Completed: /)- I 8 1 9?
(Ya/No) (%to) (Day) (Yr) (Ho) (Da?) (Yr)
Estuary: Pub Trst: Shoreline: Ocean Hz: Other: ' Pri Nurs: ORW:
eo4s4A-, l()e-6/m-A)vS
Wetlands: ��
Savo)
SA: I DS: CJ: SY: • I JR: LS: I TY: I
SS: I SC: I SP: IF: I BF: WS: IMF:
TYPE EXCAVATE , FILLED RESTORE OIH±R
(AEC) (Sq.Ft.) (Sq.Ft) (Sq.Ft.) (Sq.Ft.)
e-w 6e9u41e /j flit)o�liN op- de m/N/i�N s 90; / /0, -reRtr4c -
/.t1S-7144-7/e c1 - 'm,Oe,-Qi9-ley /Lt ollg /tto*029' /.t/ .�/4/e S Jee,40 tie_ f00 i L.,
A-E�-74- /Is I z3 cLe - uyd. _ I
******* ASSESSi\IENT & DISPOSITION *'k*''4***
y o g (p)(L! _)(%) /
Recommended Assmt: S 3- D 'o References: 7J. D yo (F)(4)(b) Criteria: D3�.2,.3/9'S—
Report Rcvd:j2 /poi /99 Assessed: $ 2S ,aw To AG: / / To Violator: /2/69 '
Payment Received: $ 2SD,00 On: / . /.2Y /Q4 Case Closed: 0 / I b.3 /99
Of Violators: - Total Assessment: $ Total Received: $
REVISED: 12/92 .

- - NORTH CAROLINA DEPARTMENT OF
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#: : ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
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NCDENR #99-24A
December 9, 1999
JAMES B.HUNT JR. "-
GOVERNOR " ..
'' CERTIFIED MAIL
RETURN RECEIPT REQUESTEI
--z64 .0 4A 0 me A) 1
WAYNE MCDEVITT :
SECRETARY ,.,-. . C/0 /3 A- /re., L3e4-1 ly
Mr. R. W. Midgett, P.E.
; Resident Engineer p 0 3 v y 30
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- - '---' North Carolina Department of Transp
• 02 7 ?
DONNA D.MOFFITT • P. 0• Box 426 Al 4-AZU.S /—)telii30 if', it4 (-
DIRECTOR Manteo, North Carolina 27954
Dear Mr. Mdgett:
- . . . This letter is in reference to the Notice of Violation that Frank A. Jennings, III,
- _ Representative for the Division of Coastal Management issued to you on August 12, 1999
for unauthorized development in violation of the Coastal Area Management Act (CAMA) as
well as the State's Dredge and Fill Law. The violation occurred onsite property located at
the Maims Harbor Croatan Sound Bridge construction site in Dare County, North Carolina.
- The violation involved the unauthorized construction of a temporary wooden mat roadway
..... in Coastal Wetlands as well as double handling of excess spoil material deposited in Coastal
• -: Wetlands during the jetting of the permanent bridge pilings. Coastal Wetlands are a
- 1 designated Area of Environmental Concern(AEC). All restoration requested by the Division
..„,....... of Coastal Management has been completed.
.
, -
The Coastal Area Management Act provides that a civil assessment of up to $2,500
..: ---....- ,a, . ..,... ., ...._ may be assessed against any violation. It is the policy of the Coastal Resources Commission
' •t:-.i.---::---'-' T
1,---,----.--. 7.: to assess a civil penalty for all violations. This is done to recover some of the costs of
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-.--..„:::.. --- investigating violations and/or to compensate the public for any damage to its natural
resources.
,
, ,.:,... •,, --4,', .1
-......'-yr--..:•:,':.-1e.. .k.g Under Coastal Resources Commission rules, a civil penalty in the amount of 350.00
- --..-- -.----- - is appropriate for this violation. In order to expeditiously resolve the matter, you may accept
responsibility for the violation, waive your right to an administrative hearing, and pay the
1,1 amount proposed above. I am enclosing two (2) copies of a "Waiver of Right to an
1 Administrative Hearing and Agreement to Pay Civil Assessment". If you understand the
proposed assessment and wish to pay you should: (1) sign one of the attached waivers; (2)
include a check or money order for$350.00 made payable to the North Carolina Department
IA
of Environment and Natural Resources (DENR); and (3) return the signed waiver and
v P :•::., e4b.o. .,,„.,. ...ifii*.r:
4-71'1' -`',. r• 1 Jae,:.!agt,:if-'
ELIZABETH CITY OFFICE
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1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909
-50 PHONERE c y2c5L2E-02/6140-%391.001s POST
-2E6R4P-3A7P2E3R
.. e7"....-''''''....':''''''''4'19 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER l'...11....v:''...,, i.:.7,trIA17..2e;

•
respond within ten (10) days of receipt of this notice, I will issue a civil penalty assessment
which you may appeal by filing a petition for a hearing with the Office of Administrative
Hearings.
Thank you for your time and cooperation in resolving this matter. If you have any
questions, please do not hesitate to contact me at my Washington Office, [phone].
Sincerely,
Charles S. Jones
Assistant Director
CSJ/dc
ENCLOSURE
cc: Frank A. Jennings, III, DCM
Raleigh Bland, US Army Corps of Engineers, Washington Office

e"`sure
lktr9)
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B.HUNT JR. P.O.BOX 25201,RALEIGH,N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
August 11, 1999
U. S. Army Corps of Engineers
Washington Regulatory Field Office
P. O. Box 1000
Washington, NC, 27889-1000
ATTENTION: Michael F. Bell, PWS
Regulatory Project Manager
SUBJECT: Monitoring plan for the disturbed area adjacent to the new bridge over the
Croatan Sound associated with TIP Project R-2551.
Dear Sir:
Please find attached the proposed monitoring plan for the recovery of the disturbed black needle
rush marsh adjacent to the new bridge over the Croatan Sound. If you have any questions please
don't hesitate to call me at [phone].
Sincerel
Lind 'ddick
Division Environmental Officer-Division One
CC: D. R. Conner, P. E.
Randy Midgett, P. E.
Randy K. Wise, P. E. /
Frank Jennings, DCM✓

I
Monitoring Plan for the recovery of the disturbed marsh area adjacent to the new
Croatan Sound Bridge
The plan consists of monitoring the disturbed site to determine the success of vegetative recovery
occurring within it. The existing undisturbed marsh, dominated by black needle rush (Juncus
roemerianus), adjacent to the disturbed site will be evaluated in September, 1999, and will be
used as a reference marsh to determine the degree of recovery. Three plots measuring 1 meter by
1 meter will be selected randomly and the percent aerial vegetative coverage will be evaluated
and used as a baseline reference.
The disturbed area will be allowed to recover naturally from existing plant material and seed
source present. Vegetative monitoring will be conducted annually beginning in September of
1999. The monitoring will consist of randomly selecting 12 plots in the disturbed area,
measuring 1 meter by 1 meter, and comparing the level of regeneration to the reference marsh.
The area will be evaluated after one full growing season in September of 2000 to determine if
replanting with black needle rush will be necessary. If replanting is deemed necessary, NCDOT
will prepare a planting plan and submit it to the USACE and the NCDCM for approval. All
efforts will be made to utilize a local seed source if plantings are required. If there are any areas
where compaction has prevented natural regeneration from occurring,hand labor will be used to
scarify the area to remediate the compaction. Areas that require scarification will be planted
with black needle rush and monitored accordingly.
As required, there will be a zero tolerance for phragmites (Phragmites communis). If the
presence of this species is detected, measures will be taken immediately to eradicate this species
from the site.
Monitoring reports will be submitted by December 31S`of each year for a period of five years.
The disturbed area will be considered recovered when aerial vegetative coverage has been
determined to meet or exceed 90% of the coverage found in the reference marsh. If after a
period of three years, it is determined that recovery efforts are not succeeding, the North
Carolina Department of Transportation will consult with the U. S. Army Corps of Engineers and
the North Carolina Division of Coastal Management to discuss necessary remedial action.

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•
-sT OF
�� � !�7 ��� DEPARTMENT OF THE ARMY RECF"'r-'
4/-• ` WILMINGTON DISTRICT, CORPS OF ENGINEERS
A ».�,, ) i P.O. BOX 1890 AUG 9 1999
`4 WILMINGTON, NORTH CAROLINA 28402-1890
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IN REPLY REFER TO August 6, 1999
Regulatory Division
Action ID: 199502334
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
Post Office Box 25201
Raleigh,North Carolina 27611-5201
Dear Mr. Gilmore:
This correspondence confirms that on July 28, 1999, Messrs. Michael Bell and Tom
Walker of my Regulatory Division staff conducted an inspection of the bridge
construction site associated with the North Carolina Department of Transportation's
(NCDOT) Manteo Bypass project, TIP R-2551, in Dare County, North Carolina. Also
in attendance were Mr. Frank Jennings of the North Carolina Division of Coastal
Management and Messrs. Pablo Hernandez, Lindsey Riddick, and Chuck Brown of your
staff. The purpose of the inspection was to confirm that NCDOT was removing jetting
spoil deposited around bridge bents in conformance with agreements between the
agencies and with permit conditions.
The Department of the Army(DOA) permit issued for this project, Action ID No.
199502334, included the following conditions:
(s.) The permittee will require the contractor to utilize temporary bridge accesses
during construction of the permanent bridge through estuarine marsh, as identified by a
representative of the Washington Regulatory Field Office (CE), at the Croatan Sound
approaches to minimize impacts to high quality ecosystems.
(u.) The temporary placement or double handling of excavated or fill materials
within waters or wetlands is not authorized.
My staffs inspection revealed that NCDOT had constructed a temporary haul road
through estuarine marsh. They also discovered that NCDOT had temporarily stockpiled
the spoil material into adjacent marsh and then transferred the material to high ground.

2
These activities are in clear violation of the permit conditions, and bear no resemblance
to the construction techniques discussed with and approved by my Regulatory staff in
discussions with NCDOT staff(see attached memorandum). These activities constitute
a violation of Section 301 of the Clean Water Act (33 USC 1311).
Accordingly, you are hereby ordered to cease and desist from all activities associated
with this project within waters of the United States, including wetlands. This cease and
desist will not be lifted until we have had the opportunity to meet with you and can be
assured that all meaningful steps have been taken by NCDOT to ensure that its
employees charged with construction of this project are aware of the permit conditions,
and the importance of adhering to them. A meeting has been scheduled for August 10,
1999 at 3 p.m. in Raleigh,North Carolina, at our Raleigh Regulatory Field Office, for
that purpose.
Any questions regarding this matter may be addressed to Mr. David Franklin at
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
Copies Furnished:
United States Attorney Mr. William L. Cox, Chief
Eastern District of North Carolina Wetlands Section- Region IV
310 New Bern Avenue Water Management Division
Suite 800, Federal Building U.S. Environmental Protection Agency
Raleigh, North Carolina 27601 61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Hefner
U.S. Fish and Wildlife Service Mr. Larry Hardy
Fish and Wildlife Enhancement National Marine Fisheries, NOAA
Post Office Box 33726 Habitat Conservation Division
Raleigh, North Carolina 27636-3726 Pivers Island
Beaufort, North Carolina 28516

3
Regional Director
National Marine Fisheries Services, NOAA
Southeast Regional Office
9721 Executive Center Drive NORTH
Saint Petersburg, Florida 33702
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment,
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, North Carolina 27607
District Manager
Division of Coastal Management
North Carolina Department of Environment
!and Natural Resources
1367 U.S. 17 South
Elizabeth City,North Carolina 27909
Mr. Floyd Williams
Division of Land Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square MalI
Washington,North Carolina 27889

"vs
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B.HUNT JR. DAVID McCOY
GOVENOR SECRETARY
July 30, 1999
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DESC' �. N 0 A l ' as eo rmcl new�s� soungbz dge � .
MEMO TO: R. W. Midgett, P.E., Resident Engineer 3 32' G 07.—
Manteo Construction Office
Q
FROM: T. Lindsey Riddick, Jr. `
Division Environmental Officer-Division One
SUBJECT: Jetting Spoil: Coordination with USACE and NCDCM
An on-site meeting was held on July 28, 1999 to review progress made in removing
jetting spoil from coastal marsh. As you are aware, the regulatory agencies were
surprised by the method employed by NCDOT to remove the material. Based on a field
meeting and a memorandum recommending a method of removing the material, from the
Senior Environmental Officer, with copy dropped to the USACE and the DCM, the
regulatory folks were not expecting the use of matting in the marsh area.
I understand the fact that there were some differences of opinion as to what options were
to be considered as viable for removing the material. Furthermore, I have a great deal of
appreciation for the hard work and genuine effort your office put forth to restore the spoil
area. As evidenced by our willingness to show the agencies our cleanup progress, it is
clear that there was no intention to "snooker" anyone. However, it can not be ignored
that recommendations were made regarding the method of clean up and that the
recommended method was not used. Clearly, the agencies were expecting us to follow
the recommendations and were understandably surprised when they were shown the site.
As a result, the USACE is left with little choice except to issue a Notice of Violation
(NOV).
P. O.Box 850 Edenton,NC 27932 [phone] FAX: [phone]

The NOV will allow the NCDOT 14 days to finish the cleanup with our current
procedure and remove all equipment, matting, etc. Therefore, all work must be
completed by August 11, 1999. Additionally, during the remaining cleanup operation,
the NCDOT must not do anything that may constitute"double handling" of the material.
The material can not be removed from around the bents and stored in another area in the
marsh until it can be taken to a disposal site. To prevent further damage to the marsh
there should also be no derivation from the current procedures except, of course, to
eliminate any double handling of material. Your office has indicated that clean up efforts
are anticipated to be complete by August 09, 1999.
The NCDOT will also be required to monitor the disturbed marsh to insure that the area
regenerates naturally. The type and duration of monitoring will be coordinated with the
agencies. In the event that natural regeneration does not occur, the NCDOT will take
appropriate remedial action and ultimately provide compensatory mitigation if necessary.
The lesson to be learned here is that there needs to be clearer, more concise
communication on future regulatory issues. While it is inevitable that communication
breakdowns will occur, it is in the Department's best interest to do everything possible to
prevent their occurrence. It is also important to note that the seriousness of any activity
that brings about impacts to a jurisdictional area, without prior regulatory approval, can
not be overstated.
It is with the utmost sincerity when I say I appreciate your previous and continuing
efforts regarding environmental concerns. It is incumbent upon us to make every effort
to insure that situations such as this are avoided in the future. Thank you for keeping me
informed regarding the cleanup status. Please don't hesitate to call me if you have any
further questions.
Cc: D. R. Conner,P.E.,NCDOT
R. E. Capehart, P.E. NCDOT
M. R. Turner,NCDOT
Michael F. Bell,P.W.S.,USACE
Frank Jennings,NCDCM

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ATM
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: Permit file
FROM: Cathy Brittingham
DATE: July 19, 2006
SUBJECT: Manteo Bypass Bridge Mitigation Site, Dare County, CAMA Permit No. 7-98, TIP No.
R-2551
The CAMA violation lists unauthorized impacts to 12,000 square feet (0.275 acres) of coastal
wetlands. The CAMA violation requires that the unauthorized wooden mat roadway and the excess
spoil material be removed in accordance with direction received from Mr. Bell and Mr. Walker of the
USACOE. The NOV does not require monitoring or other compensatory mitigation. However,-a
monitoring plan dated 8/11/99 for the recovery of the disturbed black needlerush marsh was submitted
by DOT to USACE. A letter from DCM dated 12/9/99 states that all restoration measures requested by
DCM have been completed. The mitigation area is called the Manteo Bypass Bridge Mitigation Site.
The 8/11/99 monitoring plan and the USACE cease and desist letter do not list the amount of the area
impacted and requiring monitoring. I do not know the reason for the discrepancy between the 0.275
acres of impacts described in the CAMA violation, and the 0.128 acres described in the NCDOT
annual monitoring reports. However, since DCM did not actually require monitoring, and USACE
agreed to discontinue monitoring, I think we need to accept the discrepancy.
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

Notice of Violation,Manteo Bypass,8/12/9
Subject: Notice of Violation,Manteo Bypass, 8/12/99
Date: Mon, 12 Apr 2004 17:11:22 -0400
From: Cathy Brittingham <[e-mail]>
Organization: NC DENR DCM
To: Frank Jennings <[e-mail]>
CC: Lynn Mathis <[e-mail]>
Hi Frank,
I hope you are doing well.
I am reviewing DOT's annual mitigation monitoring report for the Manteo
Bypass Bridge Mitigation Site. The purpose of this site is to restore a
brackish marsh system that was impacted by the Manteo Bypass bridge
construction (permit violation) . I believe a Notice of Violation was
issued by DCM on 8/12/99 (#990024A) associated with the activities for
which this mitigation is being provided. However, there does not seem
to be a copy of the NOV in the Raleigh permit files. Would you please
send me a copy of this NOV? I am interested in determining if there
were specific restoration requirements for compensatory mitigation, and
to verify that they have been, or are in the process of being,
fulfilled.
According to the 2003 annual mitigation monitoring report, the site was
restored in August and September 1999. The mitigation encompasses
approximately 0.128 acres of brackish marsh restoration. The
restoration effort involved removing spoil deposited by the jetting of
piles and monitoring the spoil removal area to ensure that natural
regeneration of Juncus roemerianus (Black needlerush) occurs.
Thanks. ; (' 03/01f
5 ��,�-
Cathy Brittingham i l 00 0 S�
Transportation Project Coordinator
NC Division of Coastal Management �/ a ��1
�1638 Mail Service Center
Raleigh, NC 27699-1638Y U n aJ l� 4-1a
(919) 733-2293 X238 phone Pe-)a)- Ce-219
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