NCDOT 7-98 K-4003 Mitigation Unauthorized Clearing Impact

Brittingham, Cathy
From: Brittingham, Cathy
Sent: Thursday, April 16, 2009 9:31 AM /
To: Harmon, Beth; Fitzpatrick, Linda F; '[e-mail]' _ vfQQ 10
Subject: RE: Roanoke Island Visitor Center mitigation C c'\fl o, Wets •tlo f
i n Q
Hello, QS 1414vtaC.
C�' oS�
This e-mail is to confirm DCM receipt of the documentation below from EEP. DCM now considers
this outstanding permit issue to be resolved.
Thank you for your assistance. [�
Sincerely, �J� Z
G\ O \ e
(Y\f CCathy Brittingham
C1 Y1\ Z- cl
C\-e n:P) Of' ots',
� aceS' -
Cathy Brittingham `�` /t V 1
Transportation Project Coordinator S .AJ k e Tip
N.C. Division of Coastal Management M\-\--j C\-\--k61\ �1 `
1638 Mail Service Center
Raleigh, NC 27699-1638
(919) 733-2293 x238 telephone
(919) 733-1495 FAX
[e-mail] **NEW**
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.
Original Message
From: Harmon, Beth
Sent: Thursday, April 02, 2009 5:08 PM
To: Fitzpatrick, Linda F
Cc: Brittingham, Cathy
Subject: RE: Roanoke Island Visitor Center mitigation
Linda - Attached is the K-4003 letter that changes the mitigation site. Also attached is the
portion of the DOT debit ledger showing that Scuppernong was re-credited and that now Dismal
Swamp has the debit for the additional impact. As we did on the other projects in 2005, I
have adjusted the transferred balances for these sites. I will give you the original next
week at our Monday meeting. Let me know if you have any questions or need anything else.
Beth.
Original Message
From: Fitzpatrick, Linda F [mailto:[e-mail]]
Sent: Monday, March 16, 2009 10:52 AM
To: Fitzpatrick, Linda F; Beth Harmon
Cc: Anderson, Deborah D
Subject: RE: Roanoke Island Visitor Center mitigation
Hey Beth,
i

Sorry to bother you again about this. I know you are busy, but Greg wants to get all this
CAMA stuff tied up by the end of the week. If at all possible, can you please get me this
letter by the end of the week? Thanks.
Linda
Original Message
From: Fitzpatrick, Linda F
Sent: Monday, March 09, 2009 9:18 AM
To: 'Beth Harmon'
Subject: RE: Roanoke Island Visitor Center mitigation
What's two more weeks? Thanks. Good luck with all that other stuff. Let me know if there
is anything I can do.
Original Message
From: Beth Harmon [mailto:[e-mail]]
Sent: Monday, March 09, 2009 8:09 AM
To: Fitzpatrick, Linda F
Cc: Jim Stanfill; Anderson, Deborah D; Ellis, Bruce 0
Subject: Re: Roanoke Island Visitor Center mitigation
Linda - The only thing that we can do is write a letter similar to the letters written in
2005 that modifies the transferred balance associated with both Dismal Swamp (debit) and
Scuppernong (credit) . This is a DOT permit with DOT provided mitigation. EEP is not named in
the permits and is therefore not responsible. That method of dealing with these old
requirements that were not properly documented seemed to be appropriate for the other
mitigation requirements so it should be OK for dealing with this one. Unfortunately, it will
probably be later this week or sometime next week before I can get you a letter because I am
dealing with the new workplan and budget for the next two weeks.
Beth.
Fitzpatrick, Linda F wrote:
> Beth and Jim,
> I know we have talked about this several times, and this is not your
> normal way of doing things, and you have talked with Cathy about this,
> but Cathy is insistent that she get a letter from EEP. Are you ok with
> writing Cathy a letter regarding this and cc Deborah, Phil, Greg and
> me? I think that's the only way that this is going to go away. Thanks.
> Linda
> --
>
> *From:* Cathy Brittingham [mailto:[e-mail]]
> *Sent:* Friday, March 06, 2009 3:39 PM
> *To:* Anderson, Deborah D
> *Cc:* Fitzpatrick, Linda F
> *Subject:* Roanoke Island Visitor Center mitigation
2

•
4
> RE: TIP NO. K-4003, ROANOKE ISLAND VISITOR CENTER, CAMA PERMIT NO.
> 7-98, MINOR MODIFICATION ISSUED 6/5/01
> Hi Deborah and Linda,
> As discussed at the meeting between NCDOT and DCM on 2/23/09 in
> Morehead City, DCM needs documentation for the CAMA permit file
> demonstrating that the revisions have been made as described below to
> the transferred balances of the Dismal Swamp Mitigation Site in Gates
> County and the Scuppernong River Mitigation Bank in Tyrrell County. At
> the meeting, Deborah said that she would follow up on this with Linda.
> In a letter dated 3/6/02 from NCDOT to USACE, NCDOT provided
> information about unauthorized mechanized clearing of 0.29 acres of
> wetlands within the preservation area of the Roanoke Island Visitor
> Center Mitigation Site. Replanting of the 0.29 acre site is mitigation
> for the clearing impacts. However, the 0.29 acre site was originally
> meant to provide preservation credits for other project impacts.
> Because preservation is only appropriate for "high quality" wetlands,
> the cleared wetlands no longer qualify as a preservation area.
> Therefore, NCDOT requested that the EEP provide mitigation for these
> 0.29 acres of preservation credits elsewhere.
> In a letter dated 7/21/05, EEP stated it would compensate for these
> impacts by deducting 0.58 acres/credits from the Scuppernong River
> Mitigation Bank's transferred balance from DOT. However, the
> Scuppernong River Mitigation Bank is in Tyrrell County and the Tyrrell
> County 1996 Land Use plan update on page 140 states that: "Tyrrell
> County opposes any 404 wetlands mitigation projects within Tyrrell
> County undertaken to replace 404 wetlands outside of Tyrrell County."
> Therefore, there is a conflict with the local land use plan for the
> proposed debit from the Scuppernong River Wetland Mitigation Bank. In
> an e-mail exchange during August 2006, DOT, DCM and EEP agreed that
> DOT would request that EEP debit the Dismal Swamp Mitigation Site in
> Gates County instead of the Scuppernong River Mitigation Bank in
> Tyrrell County for these impacts.
> Please provide documentation to DCM that the Dismal Swamp Mitigation
> Site has been debited as agreed so that we can add it to the CAMA
> permit file.
> Sincerely,
> Cathy Brittingham
> --
> 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.
3

r
> •
> -- Email correspondence to and from this sender is subject to the N.C.
> Public Records Law and may be disclosed to third parties.
Beth Harmon
NCDOT Coordinator
DENR - Ecosystem Enhancement Program
(919) 715-1929
1652 Mail Service Center
Raleigh, NC 27699-1652
/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./
Email correspondence to and from this sender is subject to the N.C. Public Records Law and
may be disclosed to third parties.
4

I
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o stem
I n lan cement
PROGRAM
April 2, 2009
Mr. Gregory J. Thorpe, PhD.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh,North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: Adjustment to NCDOT Final Debit Ledger
Scuppernong River Mitigation Bank, Tyrrell County
Pasquotank River Basin,CU 03010205
Dismal Swamp Mitigation Site,Gates County
Pasquotank River Basin, CU 03010205
TIP K-4003/R-2551, Roanoke Island Visitor's Center(US 64/264),Dare County;
DCM CAMA Permit Number 7-98
The purpose of this letter is to notify you that the Ecosystem Enhancement Program(EEP)will
adjust the transferred balance to the DOT Final Debit Ledger for the Dismal Swamp Mitigation Site and
the Scuppernong River Mitigation Bank. The North Carolina Division of Coastal Management
(NCDCM)Coastal Area Management Act(CAMA) issued permits for the above referenced project and
required mitigation to offset the impacts associated with the project.
As a part of the U. S. Army Corps of Engineers' (USACE)Individual Permit and N.C.Division
of Coastal Management(NCDCM)CAMA permit,the NCDOT was required to mitigate for impacts
associated with the construction of the Roanoke Island Visitor's Center through an on-site mitigation
area. During a site visit by NCDOT in 2002, it was noted that 0.29 acre of the on-site non-riparian
wetland preservation area was mistakenly cleared. The USACE and NCDCM required additional non-
riparian wetland mitigation to compensate for the additional impacted wetland. In a letter dated June 23,
2005,the NCDOT requested a revision to the transfer balance of the Scuppernong River Mitigation Bank
to offset the additional impact associated with this project. EEP complied with this request and added a
new debit to the Final NCDOT Debit Ledger that modified the transfer balance of the Scuppernong
Mitigation Bank for the mitigation need. A letter to the NCDOT dated July 21, 2005 was issued and a
copy of the revised Final NCDOT Debit Ledger was transmitted to the NCDOT,USACE and NCDCM to
document the actions taken.

Mr.Thorpe
April 2, 2009
Page Two
The NCDCM did not agree with the site selected to offset the additional wetland impact and
advised that the Dismal Swamp Mitigation Site in Gates County was a better suited mitigation site to
offset the mitigation requirement. Therefore,at the request of the NCDCM,adjustments to the
Scuppernong River Mitigation Bank and the Dismal Swamp Mitigation Site have been made to the
revised Final NCDOT Debit Ledger to account for this additional mitigation requirement for the Roanoke
Island Visitor's Center(TIP K-4003). The additional mitigation requirement will be debited from the
Dismal Swamp Mitigation Site and the debit from the Scuppernong Mitigation Bank will be eliminated.
EEP will deduct 0.29 acres of non-riparian wetland preservation from the Dismal Swamp Mitigation Site
located in Gates County and will eliminate the debit associated with this project from the Scuppernong
Mitigation Bank. Thus,based on the final debit ledger received from DOT on January 28,2004(revised
March 30,2009),the Dismal Swamp Mitigation Site in Gates County contained 90.71 acres of non-
riparian wetland preservation and the Scuppernong River Mitigation Bank contained 3.8 non-riparian
wetland credits(19 acres).
If you have any questions or need additional information,please contact Ms. Beth Harmon at
919-715-1929.
Sincerely,
(Sk144L
.ZA
Wil D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. Brian Wrenn, Division of Water Quality,Wetlands/401 Unit
Ms. Cathy Brittingham,Division of Coastal Management
Ms.Linda Fitzpatrick,NCDOT—PDEA
File
.
Re for q... .. PYOtectigg Oar State,
rr• •]• '
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net

4
DOT Debit Ledger(as of April 2,2009)
Mitigation Site Name
Scuppernong TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT
Tyrrell Co. •
Habitat Credits Credits Remaining Div.1 SR 1244-Div.1 R-3838/R-3839
Non-riverine restoration 19 11.35 1.05 0.6 6
Non-riverine preservation(19 acres) 3.6 3.8
TOTAL 22.8 15.15
Dismal Swamp TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT
Gates/Perquimans Co.
Habitat Acres at Start: Acres Remaining R-2208A R-2512A&B R-2515A R-2228A R-2512 A&B R-2404R&C R-2208A mod R•25126 mod R-2512A/B mod
Non-Riverine Wetland Restoration 394 252.78 NRW R 39.71 2.69 20.6 1.93 52.66 14.93 2.39 3 69
Riverine Floodplain Restoration 37.2 15.46 RW R 6.09 8.06 0.88 4.26
Riverine Floodplain Enhancement 20.8 20.8 RW E .
Non-Riverine Wetland Preservation 91 90.71 NRW P
Uplands 69 69 TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT TIP DEBIT
R-2551 R-2515A SR 1160 SR 1135 SR Flat Branch K-4003
NRW R 0.46 0.34 0.22 1.4
TOTAL 612 448.75 RW R 1.5 . 0.95
RW E
•
NRW P 0.29•

e„a EWE:53! _ ciAcc\
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE EUGENE A.CONTI,JR.
GOVERNOR SECRETARY
March 27, 2009
IL: Le
Mr. Doug Huggett b
North Carolina Division of Coastal Management
400 Commerce Avenue MAR 3 1 2009
Morehead City, N.C. 27909 I or COASTAL MANAGEMENT
1-RALEIGH
Subject: CAMA Commitment Review
Unresolved Projects, K-4003, Roanoke Island Visitors Center
Minor Modification for Permit#7-98, issued on 6/5/2001
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 for NCDOT CAMA Permit commitments. This letter is written to
confirm the "Unresolved Projects, K-4003, Roanoke Island Visitors Center, Minor
Modification for Permit#7-98 issued on 6/5/2001"issue agreed upon during the meeting
held in the DCM Morehead City office on February 23, 2009.
In a discussion with the Ecosystem Enhancement Program,it was decided that EEP will
forward a letter to the DCM stating that the mitigation requirement has been fulfilled.
Upon DCM receipt of the EEP letter,NCDOT will consider the issue resolved.
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. WWW.NCDOT.ORG ENVIRONMENTAL RESOURCE CENTER
RALEIGH NC,27699-1598 4701-116 ATLANTIC AVENUE
RALEIGH NC,27604

-3j\
�/ Cillcln�
NCDENR �rn-�
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue,Governor James H. Gregson, Director Dee Freeman, Secretary
MEMORANDUM
TO: File for CAMA Permit No. 7-98
FROM: Cathy Brittingham
DATE: 2/23/09
SUBJECT: TIP NO. K-4003, Roanoke Island Visitor Center, CAMA Permit NO. 7-98, Minor Modification
issued 6/5/01
On 2/23/09 there was a meeting with NCDOT and DCM staff at the DCM-Morehead City Office to discuss
unresolved CAMA permit commitments and conditions for nine NCDOT projects, including this one.
Current status: Deborah Anderson will talk to Linda Fitzpatrick to find out why documentation of the
revisions to transferred balances has not yet been provided.
Unresolved wetland mitigation requirements
In a letter dated 3/6/02 from NCDOT to USACE, NCDOT provided information about unauthorized
mechanized clearing of 0.29 acres of wetlands within the preservation area of the Roanoke Island Visitor Center
Mitigation Site. Because preservation is only appropriate for"high quality" wetlands, the cleared wetlands no
longer qualified for preservation credits. Therefore, NCDOT requested that the EEP provide mitigation for
these 0.29 acres of wetland impacts elsewhere. In a letter dated 7/21/05, EEP stated it would compensate for
these impacts by deducting 0.58 acres/credits from the Scuppernong River Mitigation Bank's transferred
balance from DOT. However, the Scuppernong River Mitigation Bank is in Tyrrell County and the Tyrrell
County 1996 land Use plan update on page 140 states that: "Tyrrell County opposes any 404 wetlands
mitigation projects within Tyrrell County undertaken to replace 404 wetlands outside of Tyrrell County."
Therefore, there is a conflict with the local land use plan for the proposed debit from the Scuppernong River
Wetland Mitigation Bank. In an e-mail exchange during August 2006,DOT, DCM and EEP agreed that DOT
would request that EEP propose to debit the Dismal Swamp Mitigation Site in Gates County instead of the
Scuppernong River Mitigation Bank in Tyrrell County for these impacts.
Replanting of the 0.29 acre site is mitigation for the clearing impacts. However, the 0.29 acre site was
originally meant to provide preservation credits for other project impacts. Because preservation is only
appropriate for"high quality" wetlands, the cleared wetlands no longer qualify as a preservation area.
Therefore, NCDOT still needs to provide mitigation for 0.29 acres of preservation credits that are no longer
available at the Roanoke Island Visitor Center.
2/22/09 Status: It is DCM's understanding based on recent conversations with EEP that this issue will be
resolved shortly by revising the transferred balances of the Dismal Swamp Mitigation Site in Gates County and
the Scuppernong River Mitigation Bank in Tyrrell County.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

CAMA Permit No.7-98(TIP K-4003)
Subject: CAMA Permit No. 7-98 (TIP K-4003)
From: Cathy Brittingham <[e-mail]>
•
Date: Tue, 28 Oct 2008 11:47:01 -0400
To: Linda Fitzpatrick<[e-mail]>
Hi Linda,
The documentation that NCDOT sent to DCM on 9/25/08 regarding the CAMA Commitment
Review includes a copy of the e-mail that you sent to Jim Stanfill and Beth Harmon on
8/20/08 titled: "CAMA needs letters for old permit debits. " Your 8/20/08 e-mail
includes 3 projects in Division One. DCM has what we need for TIP No. R-2228A and SR
1149/1150. However, we have not yet received a proposal from EEP to debit 0.58
acres/credits from the Dismal Swamp Mitigation Site in Gates County to mitigate for
the 0.29 acres of additional wetland impacts on TIP No. K-4003. Has EEP responded to
your 8/20/08 e-mail?
Thanks for your help,
Cathy Brittingham
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
1 of 1 10/28/2008 11:47 AM

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' UY1 Q A o s` 1 Z e
Anderson, Deborah D rviG ay1t zeai 6....ef6,1 c•I�l `'�
From: Fitzpatrick, Linda F
Sent: Wednesday, August 20, 2008 4:07 PM
To: Jim Stanfill; Beth Harmon T.,
Cc: Ellis, Bruce 0; Anderson, Deborah D; Griffin, Randy W t E
I
Vir-' D
Subject: CAMA needs letters for old permit debits
Importance: High SEP 2 5 2008
DIV. OF COASTAL MANAGEMENT
Jim and Beth, RALEIGH
All of these issues are old and should be familiar to you. Greg has instructed us to
resolve them as soon as possible and put them to bed once and for all. CAMA (Cathy
Brittingham) is requesting letters that the following permit requirements have been
debited. I was not able to determine from the latest debit ledger from you that these
debits have been made. I know this is not the MOA way of doing things, but again, Greg has
requested that these issues be resolved asap. Can you please follow up in writing with
Kathy on the following? Please cc Greg and myself on the related correspondence.
I really appreciate your help.
Linda
C No. 124-95 (TIP R-2228A) - EEP contracted with a consultant to conduct a field
elineation in September of 2006 at Balance Farm. DCM was asked to verify the consultants
findings. Did DCM verify the consultants findings? The CAMA permit requires 1.86 acres
J
of coastal wetlands at 3 :1 ratio be debited from Balance Farm. Can EEP acknowledge to
CAMA that these debits have been made? CAMA may then acknowledge that NCDOT has fulfilled
it's permit requirements?
CAMA No. 7-98 (TIP K-4003) - An unauthorized clearing of the preservation area occurred at
the Roanoke Island Visitor Center which resulted in NCDOT requesting that EEP provide
mitigation for an additional 0.29 acres of wetland impacts. It was decided by DOT, EEP
and CAMA in an August 2006 email that this mitigation come from Dismal Swamp Mitigation
site due to the restrictions of the DARE and Tyrell (Scuppernong River) county land use
plans. Can EEP write a letter of request and cc NCDOT to CAMA demonstrating that
mitigation is not available in Dare in the proximity of the impact and requesting that
Dismal Swamp Mitigation site be debited. Then once CAMA accepts Dismal Swamp, write
another letter to CAMA acknowledging that these debits have been made. CAMA may then
acknowledge that NCDOT has fulfilled it's permit requirements?
S 1149/1150 - DOT sent letter to EEP dated 8/24/06 stating that unavoidable impacts of
.016 acres of coastal wetlands had occurred and requesting that the EEP ledger be
reconciled to reflect debits from Bishop Road mitigation site. DCM is requesting an
acknowledgement letter from EEP that these debits have occurred.
CAMA No. 29-00 (TIP B-2806) - Again referring to the 8/24/06 letter from DOT to CAMA,
Bishop Road is again designated for 6,340 sq. ft. of coastal wetlands. Can EEP
acknowledge to CAMA that these debits have been made(cc me on the letter) ? CAMA may then
acknowledge that NCDOT has fulfilled it's permit requirements? Also, please update CAMA
on the Bishop Road site construction progress.
CAMA No. 130-00 (TIP R-2633C) - DCM is requesting an acknowledgement letter that these
debits for this permit have occurred.
1

Debit Ledger,Scuppernong River Mitigation Bank,Tyrrell County
• -
Subject: Debit Ledger, Scuppernong River Mitigation Bank,Tyrrell County
From: Cathy Brittingham <[e-mail]>
Date: Thu, 10 Aug 2006 14:04:06 -0400
To: "Linda F. Fitzpatrick" <[e-mail]>
CC: Jim Stanfill <[e-mail]>,Beth Harmon <[e-mail]>, Steve Sollod
<[e-mail]>
Hi Linda,
DCM and EEP have been discussing the following issues related to the debit ledger that I need to bring
to your attention.
In a letter to NCDOT dated 7/21/05,EEP stated it will adjust the transferred balance to the DOT Final
Debt Ledger for the Scuppernong River Mitigation Bank for three NCDOT projects: TIP No.
R-3838/3839; TIP No. K-4003; and SR 1244. In an e-mail on 7/21/06,I made EEP aware that there
appears to be a conflict with the local land use plan for the debits for TIP No. R-3838/3839 and TIP No.
K-4003. After subsequent discussion it has been determined that the adjustment to the transferred
balance for the Scuppernong River Mitigation Bank for impacts of TIP No. R-3838/R-3839 is acceptable
because permit condition No. 6 of CAMA Permit No. 88-99 specifically requires that: "the permittee
shall purchase 6 credits from the Scuppernong River Corridor Wetland Mitigation Bank." It appears as
though DCM may have included this condition in the permit in error, however that does not change the
fact that it is a condition of the permit.
•
Therefore,there remains only an apparent conflict with the local land use plan for the debits of 0.58
acres/credits for TIP No. K-4003. There are three ways that we can proceed:
1. (DCM 3rd choice)I can ask the DCM District Planner to conduct a land use plan consistency
review of the proposed debit of 0.58 acres/credits for TIP No. K-4003 from the Scuppernong
River Mitigation Bank. There are relevant mitigation land use plan policies in Dare County
(K-4003) and Tyrrell County(Scuppernong River Mitigation Bank.) The Tyrrell County land use
plan policy is rather strict, therefore I think it is likely that the DCM District Planner will find this
proposed debit inconsistent. However, it might he helpful to go through this exercise to provide
information relevant to future use of mitigation banks in Tyrrell County for impacts outside of
Tyrrell County.
2. (DCM 2nd choice)EEP noted that the Dismal Swamp site in Gates County(EEP Project ID 117)
has enough credits to provide mitigation for TIP No. K-4003. Therefore,DOT can request that
EEP adjust the transferred balance for Dismal Swamp in Gates County instead of the Scuppernong
River Mitigation Bank in Tyrrell County. I am not aware of any relevant mitigation land use plan
policies in Gates County(Dismal Swamp). There is some latitutde in the Dare County land use
plan policy, therefore there is a greater likelihood that the DCM District Planner will find this
proposed debit consistent. DOT will need to demonstrate that there is not available mitigation in
Dare County and in proximity to the impact.
3. (DCM 1st choice)DOT and EEP can locate alternative mitigation in Dare County, and in
proximity to the impact. This would be consistent with the Dare County land use plan,barring
any unforeseen factors.
Please let me know how DOT would like to proceed with this issue (option 1, 2 or 3 above, or some
other plan). Please let me know if you have any questions or concerns.
1 of 2 8/10/2006 2:04 PM

Debit Ledger,Scuppernong River Mitigation Bank,Tyrrell County
•
Sincerely,
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
•
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•
2 of 2 8/10/2006 2:04 PM

Fysosystem
:eme l
PROGRAM
July 21, 2005
Mr. Gregory J. Thorpe, Ph.D. RE rSac2 D
CN
Environmental Management Director
2 "i 2005
Project Development and Environmental Analysis Branch JUL
North Carolina Department of Transportation COASI Nl1'
1548 Mail Service Center DIV. WO
Raleigh,North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: Adjustment to NCDOT Final Debit Ledger
Scuppernong River Mitigation Bank, Pasquotank River Basin
(CU 03010205):
Division 1 Project,SR 1244(Virginia Lee Beach Road),Tyrrell County;
DCM CAMA Permit Number 96-99, Issued October 8, 1999
R-3839/R-3839, US 264,Dare and Hyde Counties; DCM CAMA Permit
Number 88-99, Issued September 14, 1999
K-4003/R-2551, Roanoke Island Visitor's Center(US 64/264),Dare
County; DCM CAMA Permit Number 7-98
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will adjust the transferred balance to the DOT Final Debit Ledger for the Scuppemong
River Mitigation Bank. The North Carolina Division of Coastal Management(NCDCM)Coastal
Area Management Act(CAMA) issued permits for the above referenced projects and required
mitigation to offset the impacts associated with the projects. The NCDCM required NCDOT to
debit the Scuppernong River Mitigation Bank 0.60 acres/credits for the Division 1 project(SR
1244, Tyrrell County), and 6.0 acres/credits for TIP Number R-3838/R-3839.
As a part of the U. S.Army Corps of Engineers' Individual Permit and NCDCM CAMA
permit,the NCDOT was required to mitigate for impacts associated with the construction of the
Roanoke Island Visitor's Center which was conducted on-site. During a site visit by NCDOT in
2002, it was noted that 0.29 acre of the non-riverine wetland preservation area was mistakenly
cleared. The USACE and NCDCM require non-riverine wetland mitigation to compensate for the
impacted wetland; therefore,EEP will further adjust the transferred balance of the Scuppernong
River Mitigation Bank for this impact utilizing a 2:1 ratio(0.58 acres/credits).
The adjustment to the Scuppernong River Mitigation Bank transferred balance is to
account for mitigation that was required by the USACE and NCDCM and requested by you in
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service(enter,Raleigh,NC 27699-1652 / 919-715-0476 / www.nceep.net

letters dated June 23,2005. Based on the final debit ledger received from DOT on January 28,
2004,the Scuppemong River Mitigation Bank contained 94.47 of non-riverine wetland
acres/credits. EEP will deduct a total of 7.18 acres/credits from the transferred asset balance from
the Scuppernong River Mitigation Bank resulting in a transferred balance of 87.29 acres/credits.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
iam D. Gilmore,P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. John Hennessy,Division of Water Quality,Wetlands/401 Unit
Ms. Cathy Brittingham
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