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HomeMy WebLinkAboutNCDOT 7-98 Minor Mod US 264 Croatan Sound, Spencer Creek 2 Perthit Class Permit Number , MODIFICATION/MINOR 7-98 , STATE OF NORTH CAROLINA Department of Environment and Natural Resources , and Coastal Resources Commission 1 411 trnitt , / / / X for Major Develo t' an Area of Environmental Concern pursuant to 3A-118 . X Excavation and r ' gp�us�uanEto NCGS 113-229 / Issued to N.C. Dept. of Transportation, P.O. ot,5 1, Ra ' h, NC 27611 • authorizing development in Dare County ,Croat, Sound and Spencer Creek, US 64-264, , Manns Harbor to Manteo �' it letter dated 4n/99,including attached , as requested in the permittee a &ratio d ' workplan drawings, 2-4 of 8, all fated 4/99, and 5-8 of 8 at 3 9. / / / , This permit, issued on 5/2 o,/9 ,is subject ompliance with the application(where consistent with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to-a fine,imprisonment or civil action; or may cause the permit to be null and void. - _/ I 1) This minor modification authorizes the construction of a surface water collection system immediately north of the authorized roadway fill between stations 32+80 and 34+40 (approximate), s' and the construction of a +/- 1.4 acre mitigation site between stations 12+00 and 16+00 (approximate),all as depicted in the attached workplan drawings and the 4/7/99 modification request ' / letter. / 2) This minor modification shall be attached to the Major Modification of Permit No. 7-98, which was issued on 9/23/98, as well as all subsequent modifications and refinements, and all documents, including the 4/7/99 modification request letter, must be readily available on site when a Division ' representative inspects the project for compliance. ' / / , 3) All stipulations and conditions of the active permit remain in force under this modification unless , altered herein. / (See attached sheet for Additional Conditions) , ' This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the ' ' other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commission. ' ' issuing date.An appeal requires resolution prior to work ' ' initiation or continuance, as the case may be. / This permit must be accessible on-site to Department ,:,9 �/(-/4 / personnel when the project is inspected for compliance. Donna D.Moffitt,Director , Any maintenance work or project modification not Division of Coastal Management / / covered hereunder requires further Departmental approval. All work must cease when thepermit expires on This permit and its conditions are hereby accepted. December 31, 2001 , In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina . C _ tk,* 0 .I. Ga^i42 , Coastal Management Program. Signature of Permittee ' oxoxoeoNoc N.C. Dept. Of Transportation Permit#7-98 Page 2 of 2 ADDI //AL CONDITIONS NOTE: The N.C. Division of �f- Quality "'prized the authorized modification by way of a 5/17/99 modification to W rQualzt5 Certification No. 3167 (DWQ Project No. x 199702334). %,— i , / \./ i c...).:-.2 . 3 3 3 . 3 . 3 . 3 • s • +) ry APR 12 1999 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR SECRETARY April 7, 1999 Charles Jones, Assistant Director Division of Coastal Management Hestron Plaza II 151-B Highway 24 Morehead City,North Carolina Dear Mr. Jones: SUBJECT: Proposed Refinement to CAMA Major Development Permit No. 7-98 (Issued on January 20, 1998, Previously Modified September 23, 1998): the Improvements to US 64-264, Including the Construction of a New Croatan Sound Bridge, from West of Manns Harbor to NC 345, South of Manteo, in Dare County; Federal Aid Project No. NHF-64 (6); State Project No. 8.T051401; TIP No. R-2551 The Department of Transportation has determined that it must modify its original provisions for surface drainage along the highway right of way in the vicinity of White's Store and adjacent residential properties. The previous design called for collecting this stormwater and conveying it along a new drainage ditch to a point south of Boat Ramp Road where it would be discharged into the open surface waters of a canal. Since this original proposal would have required a permanent drainage easement (PDE) through private properties, and since the properties to be affected by the discharge are relatively small parcels, the drainage encroachment was considered to be overly intrusive. In addition, the surface water would have been discharged into an open waterway after being conveyed through a vegetated ditch. Since the ditch probably would have been maintained as an extension of the adjacent lawnscapes, and the groundcover would probably have been kept closely cut; it would have served as a poor filter of the stormwater while in route to its ultimate discharge. Unfortunately, this same ditch would have been a fairly efficient conduit for the transport of lawn nutrients to the canal. The existing design proposes to collect surface water at discrete drop inlets along the right of way and to convey the effluent to a small drainage ditch to be constructed immediately north of the proposed roadway fill between Stations (+/-) 32+80 and 34+40 (Figures 6-8). P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 ' Page 2 • April 7, 1999 Charles Jones The proposed design revision will result in a small increase in wetland impacts. The additional impacts will occur in a scrub-shrub/emergent wetland, which lies immediately adjacent to the residentially developed portion of Manns Harbor. Anticipated impacts will actually occur along a narrow fringe of this community, which is dominated by saw grass (Cladium jamaicense) and pond pine (Pinus serotina) interspersed with bays (Persia borbonia, Myrica cerifera, etc.). These additional impacts will result from newly proposed fill (0.09 acre) and newly proposed excavation (0.12 acre), totaling 0.21 acre of additional impacts. Please note that, in the interest of minimization, the Department has eliminated the 10-foot wide mechanized clearing zone along the entire length of the proposed ditch. Compensatory Mitigation Proposal In order to compensate for the loss of an additional 0.21 acre of this wetland, the Department proposes to convert a section of roadway (including roadside shoulders and fill slopes) to saw grass marsh by removing the underlying pavement and aggregate base, and grading to natural wetland elevation. This portion of roadway is being replaced by a new location segment that will provide eastbound US 64 traffic with a continuous movement through the US 64-264 intersection at Gateway (Figures 2-5). The proposed restoration area approximates 1.4 acres in surface area and is located north and west of the proposed roadway between Stations (+/-) 12+00 and 16+00 (Figures 2-5). Following appropriate site preparation, including, but not limited to scarification of subsoil and top-dressing with several inches of an organic surface layer', the Department proposes to establish an emergent wetland community comprised of saw grass. The natural landscape surrounding the restoration area is composed predominately of saw grass marsh. The reference ecosystem is the marsh complex lying adjacent to the roadside canal north of US 64-264 immediately east of Gateway (Figure 3). Saw grass clumps (2-3 stems per clump), to be obtained from a local source, will be planted at intervals of 30" (on centers) throughout the restoration area. Replicating the hydrology of the adjacent emergent community (reference ecosystem) should be a matter of establishing the appropriate surface elevations across the site followed by site preparation to loosen any tightly compacted soil zones. Emphasis will be given to limiting heavy equipment operation to the bare minimum required to get the job done followed by loosening up the substrate through scarification, etc. Hydrological and vegetation monitoring will be conducted for a period of 5 years. The hydrological success criterion dictates that the groundwater table must occur within the top 12 inches of the soil profile for at least 12.5% of the growing season, consecutively. Vegetation success will have been achieved when, at the end of the monitoring period, 'The Department will specify that sufficient organic waste from the undercut of adjacent saw grass marsh (an activity authorized under the existing DOA/401/CAMA permits)shall be stockpiled at an upland site to be used as top-dressing in the on-site marsh restoration area. Page 3 • April 7, 1999 APR 1 2 1999 Charles Jones more than 50% of individual plants have survived and are growing, or growth of planted species has achieved aerial coverage of at least 75% of the site. If necessary, as indicated by monitoring data, appropriate remedial actions shall be undertaken by the Department as approved and directed by the USACE in consultation with partner agencies, including the Division of Coastal Management. Unfortunately, it is anticipated that implementation of the on-site wetland restoration effort will not be able to get underway until late winter/early spring 2002 due to conflicts with on-going construction activities and traffic staging during various construction phases of the roadway project. This project is somewhat more complex than the "typical" roadway project by virtue of the complicated staging that will be necessitated by de- watering and concomitant shoring requirements that will be pre-requisite to maintaining traffic flows throughout the construction interval. Your consideration is requested in processing this proposal as a refinement, or a minor modification. An expedited approval NLT mid-May is essential to meeting critical project scheduling. Please call me if I can provide any additional information. This office will cooperate in any way necessary to assist in expediting this request. A check for $50.00 is enclosed to cover the cost of processing of the Minor Modification. Thank you for your time and cooperation. Sincerely, .4/M4'/ M. Randall Turner, Senior Environmental Officer Project Development & Environmental Analysis Enclosures Cc: Michael F. Bell, USACE David R. Cox,NCWRC Tom McCartney, USFWS John Hennessey,NCDWQ Sara Winslow,NCDMF Ron Sechler,NMFS Randy Wise, P.E.,NCDOT D. R. Conner, P.E.,NCDOT William D. Gilmore, P.E.,NCDOT . Drat IHIPOILIL I� I•• a :M •n.a. DARE COUNTY • / uu..rrs,� 4'�a^..t -' ( "•"1 •.'•till• slags .�.Nita a..r....... 1 � r s11Mf p' .•••••r •• W ® T.jQ•MI04No.. ww .f asl M.hls . 1,.. rni •.1 Lille M.rslr �� -\:r\tow • / 6 ... .rr.3.2){i�.a �' 1..IICDasy�l 1 % uGH:MOUSE MIN a D A R E • O • 1 OM \K_1 �...IIOMu • I s I.wr \\w.uw 1 i ••••.. • • •• • iiMMNN r [ . ,',•sire.. . ` Waves • sww `Y; t • ; ;; y � ea >\ \ :4o \ '\ 'P \ • 1; v \\fir _��. . r:: _ a .., . sti 1. n '.!/ • /G'V IGlIty Y ..c. . '\ j;` • ,'`� "4'-'i�'b \o/ ..c?..a-(!riirlF_:.,1 : •. ; ••• \ o APR 12 1999 • w. '1 \ '♦ 4 \Bq0 _. yam" ♦ f O ','= }__ Z„ �'• PRO END , 4~° �e4-` ----,, \ . -;\ *Dr : 0�/ <\ ...`\ N TRANSPORTATION DEPARTMENT OF DMSION OF HIGHWAYS / BEGIN Ts 1 C 1 \ I PLANNING AND ENVIRONMENTAL PROJECTA%.:--,:::;'..;:f d - BRANCH ,S. / Einimi P/L�� G US 64 - 264 _r FROM US 264 TO NC 345 MANNS HARBOR AND MANTEO DARE COUNTY T.I.P. NO. R-2551 0 MILE 2 0 KILOMETERS 3.2 FIG 1 a•�_e 12.0 APR 12 lggg % HECHANiZED I REMOVE 3 - 2200mm CSP 3 - 2200mm ALU PIPE CLEARING w J 0 .� O 4°111111 -:00011011t3f3. 0 — — ;-- i.--4-- 0 _ .1: _ _ _ _ ...._ r _ _ F _ __ ____ , / ' _ : :, O =��` c ti f�/ i�,t,h _ -a�� ._.._ ; ��''''y /ems --z i•—• • •0 . ///e-r - -'61:41r • �i II—„' F U , il.—. :dr � - Y • 44 "11115 2-- UJ .:wv":r<�5- '• 1 • • \, ` IBm ,' A Im BASE DITCH 1 Af 1 • , ,•. LECH MECHANIZED J %I AT CLEARMG _ : 1 � 1 • � A• ' 1 '� i O I— 1 I • • • / / 3 •2 I I • CLEARING MATCH LINE ' TATION 10+40 —YI— o US 2134 SITE I N. C. DEPT.OF TRANSPORTATION PLAN VIEW l�W DIVISION OF HIGHWAYS DARE COUNTY PROJECT:8.T051401 (R-2551 A&B) DENOTES PROPOSED WETLANDS US 64/264 FROM US 264 TO EAST /Om 0 2 0 m OF NC 345 EAST OF MANTEO ij I SCALE SHEET Z OF 8 REV 4-99 Ref'ereit/c Ecos e/I7 (Ex'4i.I )--/ /' Irrin,) 1c. EXISTING N/■ J rproposed 4Q ........ ex/4/Ni Cana t---1 IN ofCdNa, a‘04"IF,WAA 1212WA,0 A , **te&_ ' \0/4,,y *,. , A\ u.,-....,.....--. . .-4 .., ..-..._ AL,„ Awf...wrAmft....Afffill.j_._.#. -/ •/NA./\Aii 1 -A.41- A-4AL -A- - - - -..-4-4 ,TP4KF :MEW, lvvr ,-•••v. 'v--4-7••••r•-••-••-•r-,, P (- Q \ \ \ N.L.DANIELS OIL COMPANY ,• LIMITS OF �, •� ,: MECHANIZED CLEARING O J i 4 *.k.s 2 - 1000mm ALUMINUM PIPE O �1 �• \ (C 6Rmm x 13mm CORR. O *its , , 7590 . .. - ••C : 12 GAGE + ' • \ s' �.�• 14#00 - W &\' � Z i___ 0 \‘'\ - - _ CA r ~ Q \_. LIMITS OF SIT MECHANIZED 7CLEARING O 1 i N. C. DEPT.OF TRANSPORTATION PLAN VIEW DIVISION OF HIGHWAYS �1' DARE COUNTY PROJECT:8.T051401 (R2551 A&B) DENOTES PROPOSED WETLANDS US 64//264 FROM US 26� TO EAST lOm 0 20m OF NC 345 EAST OF MANTEO Li011illimillomml SCALE SHEET -3 OF 8 REV 4/99 I6O 14+00 0 CC- c—r-- E x ist-7,v9 Cana l ----> Pro pas Wei ea kV - ,-- - 0 > • • • ••Ati 161404:011,• - • -+Si+++++'4441. ... trqt. ::?,0 I ' j- ` 'V 0 O gy ,p .. 4-oo, - 1, \Vi - ----'' ilk..................„701, . ..„...;_ Q T.'�' LIMIT$ OF i CLEARING ' .„--- ---- iiii#9-0* \ 0 Z - - F � � 11.10161W ----- '''... .----:� . �� � � f SEE DEATIL •A' i )\---- - H —� / 68mm x 13mm CORR. Q Silf100 I 12 GAGE i i __..\ _ u►nrs of MECHANIZED CLEARING N. C. DL'PT.OF TRANSPORTATION SITE I PLAN VIEW DIVISION OF HIGHWAYS VIEW V DARE COUNTY PROJECT:8.T051401 (R-2551 A&B) US 64/264 FROM US 264 TO EAST • IO/11 0 20m y�� i DENOTES PROPOSED WETLANDS OF NC 345 EAST OF MANTEO lilitle SCALE SHEET 4- OF 8 REV 4 99 0 7 LIMITS OF MECHANIZED I CLEARING w CC 18+00 1 017+Op a 7 CC co2J.nL Cd — — — — — — — — — — — nR C 0 "F�- - - - - - - - - - - - - - - - + J 16 �F �- - - - - — - - - - - CO 1 wEtl NOS � -r - rr6' ---rrd t~~ i ro-- -� — r r r L� r r r r - r r t r 11111711a10111111111111111111111 r'+ z F- w i PTSto.16+83864 LIMITS OF 0 - -- " MECHANIZED d d CLEARING I SITE I 0 N. C. DEPT.OF TRANSPORTATION PLAN V I VIEW DIVISION OF HIGHWAYS �Y L, DARE COUNTY PROJECT:8.T051401 (R-2551 A&I%) - y\7 US 64 264 FROM US 26 Q TO EAST i0m 0 20m / y DENOTES PROPOSED WETLANDS . OF NC 345 EAST OF MANTEO SCALE SHEET 5 OF 8 REV 4 99 APR 12 1999 3 {y ; � : 1 ! li 101 • I 1 b 1 '' / I 1. • -..;��( 34+00 \ e1-- ,,,•ii 1 1' iabistnc' tUuiwu►� I'1P.1.'ti 32+00 ©b Q 1 1 . 68mm x•1 u.I• ' .. . I I 1 1 .r.r METHOD ICLEARING ot: � '!, .. .• Ci (TO BE USED ____________/—il____________________________________________________________________----_--,______________________ !I:4_ M — ► SCa in Q - - - - -- - -- - - - \ - —_ —n- -- — � — • nR 1 .�..... .. \ / MW�2I Kvxrami..n'rl"�yqm�Pltmm°min;� r *•+ �i....._ 9•r«`�trfl;.l" Q .0 rf II AIMS ��--� � n -' \. / � � pi Ill x _....►--- ••'ward F y —I$4 — { tip 7 1�I {1 {!{il�rs��rc�fll_ (n z R f _ — — F— I — 1"(}- 'NI G� i {� f i ,...201101 u-Wp I� z J - - - x _-- — . —-—- i I a , 1 a I I - - ——— — t`il 1� . 1 ' !7 I I 21 L nnsip 11 zsTo L I I ) , _ U 1 1 1 1 CK c I ti ( KR 1 1 N 1 C..) Q * 1 1 0 J I ` 1 �! Q / / I 1 3 1,.,, • , .1 .... , 5 j 1 I I . I I 1 I x I5 L {}' 11 j I I d I d, I NM , 1 1 1 ii SITE I[ PLAN N. C. DEPT.OF TRANSPORTATION VIEW DIVISION OF HIGHWAYS DARE COUNTY PROJECT:8.T051401 (R-255111 A&B) IOm 0 20m .• sooso•.o INWETLANDS ...•..;.•.•.❖.•.❖: DENOTES EXCAVATION \\\\� DENOTES FILL IN US 64/264 FROM US 264 TO EAST .•.•. •. •..; SURFACE WATERS LJ iii) d '-•-•-•-•-•••-•••-•••- OF NC 345 EAST OF MANTEO SCALE I �j�j D ETL ES FILL IN SHEET 6 OF 8 REV.3/r 99 36+00 I •N 11 35+00 CHIRCHDOF �•� I Fi s °�©© ; i METHOD II CLEARING • 1 l CI 34f00 TO BE USED • 1 ' 1 1 ° I CLASS 'B'RIP RAP I 1 I I 1$I I ° © I OUTLET PROTECTION % I I tai. b : ; 1�^ ID. I I • I • 11 v•.,r.:::::.:.•.•...,..•.•:•...o . I I *no.'.NET I I 1 • Ia 1 ••..V.'.'.-.•.-•,v i..� •�,�� • I I • /�•/� /:.•'k::!�:.:***I . F— — I I •® — — I • 1 1 0 I > W iI - ,e • —I--1 •/ I l Cr � ��� 1 I ' , Se�A�E,IQQR�PL — _L 1 F 1 CC Si. • • • I • 5, , nle,•. r ee 1 1 / l 1 ! /1 !!�� ® DN 461 ADNI ' — — —0.,1(1� �a I � _— —1.— — — — — ....... ............ + '!: 1 It•. Ne�llII eEuo.E-I r. . . . .. nEua�� O /�Ce ace US 6/-264 69 65! II —111i _ � `� F M 'e" ,`° + - T i:i �E1gvE ' "'� ,, .: / 4� �rF a�os �I III III � � . �, . ::::::,::. M aliii {-� // A•W D•0.60 9 \ -.r- I —2iI ;l�y'MM WEE F Iwo .� Q N M T NANO.NIT N.mHf•NET IJ I T 1 7.rs�n«J M+T f(1Nf \ \ cl -1- I I CAN01•, RSk I D•w- 1..._ LJJ D. 0v .ELT i I; I-_ IT \\ 4SOOV R PSm `II N IL � I L — IIOI N — HER L. • I \ \\ II — '�'Tc��`N_ 1 1 (, © - J 1 N I ISDIk nits ABAND ) I ~ I \ • !.`7I ISM I I ICONE�I ei = TR jillii6S;I I z II♦ S ri. Q AI\ '1 o1-•PLUG I I ISBE BUS I I % * In I PITH 1 1 1 I I I I U Q 1 t;: I I I I 1 II D F- fy 1 1 1 I� 1 kl • I I Q _� ; II 1 1 1 II t•1 �rrn I'Ili I, 1 I {:r �'��S1I ntn nn 1 • cl) 1— 1 3 _1 p • • • 1 • 11 II I ��I • I 1 ® I{ 1 I NTR i 1 1 315mm1R.e ®I I I 1I SITE I . N. C. DEPT.OF TRANSPORTATION PILAF VIEW DIVISION OF HIGHWAYS DARE COUNTY ;... . .,.•...•.. PROJECT:8.T051401 (R-2551 A&B) �•���:�•�:����:�•� DENOTES EXCAVATION DENOTES FILL IN ::::.3::::3::.%3 S IN WETLANDS k \\\ SURFACE WATERS lOm 0 20m .........V.V.....W.. US 64/264 FROM US 264 TO EAST y d I SCALE DENOTES E FILL IN OF NC 345 EAST OF MANTEO • SHEET 7 OF 8 REV.3/99 STATION 33+20 -l_ Ply- 4 4 2 2 -- Proposed -._-------- `�v 0 — — c3 Exisfi,vg 0 0.000 CHNAL \ -2 _-2 N 1 -2 5 -2 0 -15 -10 -5 0 5 I 15 20 SECTION G G N. C. DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS 2.5m 0 5m DENOTES FILL IN Wit611=MMINEMI HORIZONTAL SCALE \` SURFACE WATERS DARE COUNTY jDENOTES�j FILL IN PROJECT:US G4/264 ROMo US 264 TO WEST - .2.5m 0 2m WETLANDS LJ !-J� •..;•.; ; ;:• DENOTES EXCAVATION OF NC 345 EAST OF MANTEO `i VORTICAL SCALE •�•�"��'••••�•�� .••'••%•.••.•.•. IN WETLANDS , - SHEET 8 OF 8 Rev 3/49 • , Ls- LAMA .25 21 . MEMORANDUM: TO: John Parker, Major Permit Coordinator, DCM THROUGH: Charles S. Jones, Assistant Director, DCM FROM: Frank A. Jennings, III, DCM SUBJECT: NCDOT Modification Request for CAMA Major Permit No. 7-98, Modification II DATE: April 20, 1999 The NCDOT is requesting a modification of CAMA Major Permit No. 7-98, Croatan Sound Bridge, Dare County to change the original surface drainage plan. The modification proposal is for a drainage ditch to be excavated through the marsh area adjacent to and north of a permitted fill area located on the north side to US 64/264 and approximately 1200 ft. west of the intersection of US 64/264 and Shipyard Road (SR 1104). The proposed area of impact is 0.21 acres and is depicted on workplans #6 and #7 as the double hatched areas and labeled, "denotes excavation in wetlands". The proposed area of development is a coastal wetland area of environmental concern and is vegetated mostly with Cladium jamaicense. A compensatory mitigation plan is proposed at a compensation rate of roughly 6:1. The modification request with workplans are enclosed. It is recommended that the proposed modification be approved and that all existing permit conditions be applied to the modification request. RECEIVED APR 2 31999 COASTAL MANAGEMENT North Carolina Department of Environment and Natural Resources • James B.Hunt Jr.,Governor • Wayne McDevitt,Secretary Division of Coastal Management • Donna D.Moffitt,Director Elizabeth City Office • 1367 US 17 South • Elizabeth City,NC 27909 • Phone 252-264-3901 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION t WARRANT NO 5 2 4 0 641-1 - - VOUCHER VOUCHER NUMBER DATE INVOICE 5240 NUMBER INVOICE DATE INVOICE AMOUNT 04/08/99 0408091145 04/07/99 50. 00 Total Paid to: • NCDENR 50. 00 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WARRANT NO 5240 DIVISION ONE OFFICE 5240 P. 0. BOX 850 EDENTON, NC, 27932 42 PRESENT TO:STATE TREASURER 66-1059/531 g PAYABLE AT PAR THROUGH m FEDERAL ESERVE SYSTEM v 5 17 SOUTH H CITY 0 08/99 $50. 00 , NC 27909 005 20 ■ 1:053 1 105i: 1m_ _ 000��f64 1u■ ---- • • GJ� 4S Ito #6° *‘% �$T OF e F� DEPARTMENT OF THE ARMY a \2 WILMINGTON DISTRICT, CORPS OF ENGINEERS c qpi;'' it P.O.BOX 1890 s':,., , �`�P WILMINGTON,NORTH CAROLINA 28402-1890 '',4r/S May 14, 1999 IN REPLY REFER TO Regulatory Division Action ID No. 199502334 Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation 1 - fl V Post Office Box 25201 . Raleigh,North Carolina 27611-5201 Dear Mr. Gilmore: Reference the Department of the Army (DA)permit issued to you on March 5, 1998 associated with the widening of approximately 10 miles of U.S. 64-264, including constructing a new bridge over the Croatan Sound and adjacent marshes, from US 64-264 West of Manns Harbor to NC 345 South of Manteo, in Dare County,North Carolina (TIP No. R-2551, Federal Aid Project No. NHF-64(6), State Project No. 8.T051401). Also reference your subsequent written request dated April 7, 1999 for a permit modification to: a. Fill an additional 0.09 acres of Section 404 Wetlands and excavate 0.12 acres of Section 404 Wetlands adjacent to the Croatan Sound for a drainage system to collect surface water at discrete drop inlets along the right of way and to convey the effluent to a small drainage ditch to be constructed immediately north of the proposed roadway fill between Stations (+/-) 32+80 and 34+40 (See Attached Figures 6-8). b. Restore 1.4 acres of sawgrass marsh(Cladium jamaicense) wetlands by converting'a section of roadway (including roadside shoulders and fill slopes) to marsh by removing the underlying pavement and aggregate base, and grading to natural wetland elevation. This section of roadway was constructed in marsh and will be abandoned by the permittee after the new road is constructed (See Attached Figures 2-5). The proposed restoration area is located north and west of the permitted roadway between Stations (+/-) 12+00 and 16+00. This wetland restoration is provided to compensate for the wetland losses described in(a.) above. RECEIVED , JUN O 1 -1999 COASTAL MANAGEMENT r 2 According to the permittee, the original proposal would have required a permanent drainage easement through private properties, and since the properties to be affected by the discharges are relatively small parcels, the drainage encroachment was considered to be overly intrusive. This modification request was coordinated at the April 15, 1999 Corps/NCDOT meeting with the North Carolina Division of Water Quality, and other appropriate State and Federal agencies. This coordination revealed no objections to this modification request. In addition, I have determined that the proposed mitigation compensates for the wetland impacts. Therefore, the permit is hereby modified in accordance with the specific work activities described above and in accordance with the mitigation commitments in the April 7, 1999 modification request. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. In addition, the permittee will comply with the following special permit conditions: kk. The restoration work associated with this permit modification will be undertaken pursuant to the "Compensatory Mitigation Proposal" in the permit modification request dated April 7, 1999, and implemented concurrently with the final phases of construction activities authorized by the permit to the extent necessary to construct, monitor and maintain 1.4 acres of riverine marsh wetlands to the satisfaction of the Corps of Engineers. 11. The mitigation property will be maintained by the permittee in its natural condition, as altered by the implementation of the April 7, 1999 mitigation proposal, in perpetuity. Prohibited activities within the mitigation areas specifically include, but are not limited to, the construction or placement of buildings, signs, or any debris, waste or garbage; excavation, grading; dredging; leveling or other earth moving activity; cutting, removal or damage of any vegetation; any activity which would impact the drainage or water quality on the site; except as required by the implementation of the mitigation plan or subsequent modifications which are approved by the Corps of Engineers. mm. Condition (11.) above runs with the land. The permittee shall not sell, lease, or otherwise convey any interest in the property making up the mitigation site without first providing 60 days written notice to the Corps of Engineers. The instrument effecting such conveyance shall include legally binding restrictions on the use of the mitigation property as described in conditions above, to be enforceable by the permittee as well as the U.S. Army Corps of Engineers, Wilmington District. The instrument establishing such restrictions shall be subject to the approval of the Corps of Engineers. The permittee shall enforce the terms of the required restrictions. nn. The permittee shall make every effort to convey the 1.4 acres of the April 7, 1999 wetland restoration property to a nonprofit conservation organization or a natural resource agency, which is willing to hold the areas in perpetuity for conservation purposes, and is acceptable to the Corps of Engineers. The annual monitoring reports will include the statues of the conveyance efforts. 3 oo. The permittee shall contact the Corps of Engineers, Washington Regulatory Field Office NCDOT Regulatory Project Manager and provide him with the opportunity to attend the yearly mitigation monitoring efforts. pp. The permittee will submit the yearly mitigation monitoring reports by December 31 of each monitoring year. qq. Hydrology in the restoration areas will be monitored through the use of monitoring wells during each growing season for the first five years of the vegetative monitoring. A minimum of two wells will be placed within the 1.4 acre wetland restoration area. rr. To meet the hydrology success criteria, the monitoring data must show that for each normal precipitation year within the monitoring period, the site has been inundated or saturated within the upper 12 inches of soil for a minimum of 25 % of the growing season. WET tables for Dare County will be utilized to determine normal precipitation years. ss. Phragmites (Phragmites australis) will be killed or removed from the restoration area. The annual monitoring report will address all Phragmites removal activities. tt. Prior to the commencement of any drainage work associated with this modification request, the permittee shall conduct a soils boring test within the restoration area to determine the depth of undercut and the type and amount of fill material used for road construction. A report summarizing the findings from the soils boring test will be submitted to the Corps of Engineers for review and comment. The amount of fill material to be removed prior to restoration efforts will be coordinated with the Corps of Engineers. Any questions regarding this correspondence may be directed to Mr. Michael Bell, NCDOT Coordinator/Regulatory Project Manager at the Washington Regulatory Field Office, telephone (919) 975-1616, extension 26. Sincerely, Terry R. Youngbluth Colonel, U.S. Army District Engineer Enclosures 4 Copies Furnished: Mr. Randall Turner Mr. Larry Hardy N.C. Department of Transportation National Marine Fisheries Service Division I Environmental Officer Pivers Island 113 Airport Drive, Suite 100 Beaufort, North Carolina 28516 Post Office Box 850 Edenton, North Carolina 27932 Mr. John M. Hefner U.S. Fish and Wildlife Service Mr. John Parker Fish and Wildlife Enhancement Division of Coastal Management Post Office Box 33726 N.C. Department of Environment Raleigh, North Carolina 27636-3726 and Natural Resources /Post Office Box 27687 Mr. William L. Cox, Chief Raleigh, North Carolina 27611-7687 Wetlands Protection Section- Region IV Water Management Division Mr. John Dorney U.S. Environmental Protection Agency Division of Water 61 Forsyth Street N.C. Department of Environment Atlanta, Georgia 30303 and Natural Resources Wetlands and Aquatic Plants 4401 Reedy Creek Road Raleigh,North Carolina 27607 05/17/99 13:47 $919 733 9959 NC DEM WQ ENVSCI Cl002 State of North Carolina Department of EnvironmentAl ci 4 4 is, and Natural Resources • Division of Water Quality James B. Hunt, Jr., Governor NCDENR Wayne McDevitt, Secretary NORTi CAROLJNA DEPARTMENT Or Kerr T. Stevens, Director ENVIRONMENT AND NATURAL- RESOURCES March 9, 1999 Mr. Bill Gilmore,RE., Manager Planning &Environmental Branch N.C. Department of Transportation PO Box 25201 Raleigh,NC 27611-5201 Dear Mr. Gilmore Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed New Croatan Bridge/Manteo Bypass, lit R-255 I,WQC Project#970856, COE# 199702334 Dare County Attached hereto is a modification to Certification No. 3167 issued to the North Carolina Department of Transportation dated May 17, 1999 (original Certification was dated August 19, 1998). The attached modification authorizes an additional fill to 0.09 acres of wetlands and excavation to 0.12 acres of wetlands. It should be noted the modification is applicable only to the additional proposed activities. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated August 19, 1998 still apply. In addition, the Department of Transportation agrees to mitigate the impacted 0.21 acres of wetland by restoring 1.4 acres of wetlands as described in the attached Mitigation Proposal submitted with the permit application dated April 7, 1999. If we can be of further assistance,do not hesitate to contact us. S' ereI tit Stevens Attachments: Modification to WQC No. 5167 cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Mr. John Parker,Division of Coastal Management Central Files Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch,4401 Reedy Creek Rc1-, Raleigh,NC 27607 Telephone 919-733-1786 FAX n 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10%post consumer paper 05/17/99 13: 48 $919 733 9959 NC DEM WQ ENVSCI i003 NORTH CAROLINA 401 WA. ER QUALITY CER i'IFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)Regulations in 15 NCAC 2H,Section .0500. It is issueh to the NC DOT resulting in 0.21 acres of wetland impact in Dare County pursuant to revised application filed on the 7' day of April 1999 to construct the Manteo Bypass/New Croatan Sound Bridge_ The application provides adequate assurance that the discharge of fill material into the proposed wetlands in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303,306, 307 of PL 92-500 and FL 95-217 if conducted in accordance with the application and conditions hereinafter set forth_ This approval is only valid for the purpose and design that you submitted in your application for modification. If you change your project,you must notify us and send us a new application fora new certification.If the property is sold,the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H_0506 (h) (6)and(7). For this approval to be valid,you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including(but not limited to) Sediment and Erosion control,Coastal Stormwater,Non-discharge and Water Supply watershed regulations. Condition(s)of Certification: 1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of two manuals- Either the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DES Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standard(50 NTUs in all fresh water strerns and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs,and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 4. Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation will be required since it is a direct impact from road construction activities; 5. Compensatory mitigation shall be done in accordance with the Mitigation Proposal submitted with your modification request and attached hereto. i.)WQ shall be copied on a detailed mitigation and monitoring plans as well as the annual reports for the entire 05/17/99 13:48 T2919 733 9959 NC DEN WQ ENVSCI a 004 Page 2 ,. . April 7, 1999 Michael F.Bell The proposed design revision will result in a cmall increase in wetland impacts. The additional impacts will occur in a scrub-shrubiemergent wetland,which lies immediately adjacent to the residentially developed portion of Maims Harbor. Anticipate impacts will actually occur along a narrow fringe of this community,which is dominated by saw grass (Cladium jamakerse) and pond pine (Pines serotina) interspersed with bays (Persia borbonia,Nfyrica cerifera,etc.).These additional impacts will result from newly proposed fill(0.09 acre) and newly proposed excavation(0.12 acre),totaling 0 21 acre of additional impacts. Please note that in the nteteSt of ninimi7ltion, the Department has eliminated the 10-foot wide meci-sized c earng zone alone the entire length of the proposed ditch. Comveasatory Ividsaarion Peonosal In order to compensate for the loss of an additional 0.21 acre of this wetland, the Department proposes to convert a section of roadway(including roadside shoulders and fill slopes)to saw gass marsh by removing the underlying pavement and aggegate base, and e,to natural wetland elevation.This portion of roadway is being replaced by a ► - new location semneat that will provide eastbound US 64 w- c w th a continuous movement through the US 64-264 intersection at Gateway (Figures 2-5). The proposed restoration area approxirmates 1.4 acres in surface area and is located north and west of the proposed roadway between Stations(=1-)12+00 and 16+00(Figures 2-5). Following appropriate site preparation, including, but not limited to scarification of subsoil and top-dressing with several inches of an organic surface layer',the Department proposes to establish an emergent wetland community comprised of saw grass. The nartrtal landscape surrounding the restoration area is composed predominately of saw grass marsh. The refwmce ecosystem is the marsh complex lying adjacent to the roadside canal north of T.S 64-264 immediately east of Gateway(Figure 3). Saw grass . clumps (2-3 sterns per clump), to be obtained from a local source, will be planted at intervals of 30"(on centers)throu_*lout the restoration area. Replicating the hydrology of the adjacent emergent community (reference ecosystem) should be a matter of establishing the appropriate surface elevations across the site followed by site preparation to loosen any tightly compacted soil zones.Emphasis will be • given to limiting heavy equipment operation.to,the bare minimum required to get the job done followed by loosening up the substrate through scarification,etc. Hydrological and vegetation monitoring will be conducted for a period of 5 years. The hydroio cal success criterion dicmes that the groundwater table must occur within the top 12 inches of the soil profile for at least 12 5%of the vowing season,consecutively. Vegetation success will have been achieved when, ar the end of the monitoring period, 'The Department will specify at mfic.t organic=.ste h'ot:.=e undercut of adiaceat saw grass =•sh (au activity authorized under e existing DO:401iC ALA perss)shall be stockpiled at an upland site to be used as top-dresses in the n site=zt:moraaon ar^.