NCDOT R-2551 Wetland Mitigation

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

Please ask your appropriate staff to contact Cathy Brittingham at(919) 733-2293 x238 or via e-
mail at [e-mail] to discuss next steps for projects within Division One.
To discuss next steps for projects within Divisions Two and Three contact Steve Sollod at(919)
733-2293 x230 or via e-mail at Steve.Sollod(cincniail.net. Please also feel free to contact me at
[phone] or via e-mail at Doug.Huggett(a:;ncmail.net if you have any general questions or
concerns.
Sincerely,
(73-9-5/ •
Doug Huggett
Major Permits and Consistency Coordinator
CC: Deborah Anderson
Cathy Brittingham
Linda Fitzpatrick
Randy Griffin
Charles Jones (w/o attachments)
Steve Sollod
Ted Tyndall (w/o attachments)

DCM Evaluation of NCDOT's CAMA Permit Commitment Review
SUMMARY
TIP#/ LOCATION/ DCM CONLMFNTS/RESPONSE
CAMA COUNTY
PERMIT#
DIVISION ONE
1 1 ' . 041 US 64/264, The wetland mitigation requirements of thi : oject have been met to
27-92 Dare DCM's satisfaction. NCDOT is re. ed to provide DCM with
documentation demonstrating t.. the shellfish bed enhancement
requirements of this pro'-► ave been satisfied in accordance with
•-rmit condition 1: : soon as possible.
2 R-2228/ NC 168 from EEP .• rac ' . with a consultant to conduct a field delineation in
124-95 and Moyock to Septe...-r i:• of the successful coastal wetlands in the creation area at
139-94 Barco, '. ance Farm. A *CM verifies the consultant's findings,EEP will
Currituck need to provide DCM wit - .cknowledgement letter documenting that
5.58 acres of credits have been debt -: om the successful coastal
wetlands at Ballance Farm. After that, DC' • be able to send a
letter to NCDOT acknowledging that NCDOT has sate . its
mitigation requirements for this project through successful co. .1
wetland mitigation at the Ballance -m mitigation site.
3 B- Coinjock Bay, The mitigation requiremen his project have been met to DCM's
101 Currituck satisfaction./
4 R- 512/ US 17 Brid , The wetland mitigation requ- ements have been met to DCM's
88-96 Ch iver, satisfaction. There is documentatio AMA permit file that
owan the SAV requirements of this have been satisfied in accordance
with CAMA permit con n number 16. e the attached text
for details.
5 R-2551/ US 64-264, The surface water mitigation requirements of this project have been
7-98 Croatan Sound satisfied. In compliance with Condition Number 13 of the major
Bridge, Dare CAMA permit modification issued on 9/23/98, NCDOT needs to carry
out a post-construction inventory of submerged aquatic vegetation
during the first acceptable period(August-September). In compliance
with Condition Number 14 of the major CAMA permit modification
issued on 9/23/98, NCDOT needs to convene a meeting to assess
construction-related impacts to SAV habitat, and to determine an
appropriate monitoring and mitigation strategy, including scheduling, to
offset the loss of this habitat. NCDOT needs to carry out any and all
mitigation requirements resulting from this meeting.
DCM needs to make a visit to the White's Store mitigation site to
confirm that there are at least 0.42 acres of successful sawgrass areas to
provide mitigation at a 2:1 ratio for the 0.21 acres of impacts for this
project, the only project to be debited from this site to date.
6 .-400./ nok sland There is a conflict with the local land use plan for the proposed debit
7-•:4 OD Visi Center, from u pernong River Wetland Mitigation Bank. P se see the
D e attached text for . DCM will continue to c 'nate with NCDOT
to ensure that the mitigation irement ied to the Roanoke Island
Mitigation Site are satisfied. DC to make a site visit to confirm
compliance with conditio o the permit m cation issued on 6/5/01
that states the pe e must restore any wetlands, s or uplands
that are impa d within the 30-foot buffer by the work as scribed in
Condition No. 2 of this permit to their pre-project conditions.
Page 1 of 19, 10/25/2006

DCM Evaluation of NCDOT's CAMA Permit Commitment Review
associated with this project, a post-construction SAV survey should be corn. ed and a meeting
cone . ted with resource agencies no later than three months following t. •etermine appropriate
mitigation • impacts, if any." In compliance with Condition Nu • .er 13 of the major CAMA permit
modification is . -d on 9/23/98,NCDOT needs to carry out a p•: -construction inventory of
submerged aquatic :etation during the first acceptable pe '•d (August-September). In compliance
with Condition Number • •f the major CAMA permit • odification issued on 9/23/98,NCDOT needs
to convene a meeting with repr--- tatives of the Di ' ion of Coastal Management, the NC Wildlife
Resources Commission, the NC Divi .en of M. ' e Fisheries,the NC Division of Water Quality,the
US Army Corps of Engineers and the Nati. . . Marine Fisheries Service. This meeting will be for the
purposes of assessing construction-relate. impa : to SAV habitat, and to determine an appropriate
monitoring and mitigation strategy, i• uding schedu ' •t to offset the loss of this habitat. In
compliance with Condition Numb- 14 of the major CA • •ermit modification issued on 9/23/98,
NCDOT needs to carry out an and all mitigation requirements ; ulting from this meeting. DWQ
shall be involved in the net . iation of the mitigation plan.
ci 7,0 J The 2006 notes i :icate that very little SAVs were present on the east approach. 4 ere were more
SAVs at the = t connection. This project is not under construction to date. There she Id be no SAV
pi C��1 w impact fro.- the bridge because there are none present in the sound. The adjacent canals •n Highway
- (\5�-64 are •ominated by Milfoil and Alligator Weed.
Surface water mitigation requirements
In a letter dated 9/9/99, EEP accepted payment from NCDOT for mitigation requirements of 1047 feet
of stream. Therefore, the surface water mitigation requirements of this project havctleen' f 1 .' 71
i Li
satisfied. -a El....° ..
Wetland mitigation requirements SEP 2 5 2003
There are 4 wetland mitigation sites for this project: Mashoes Road, Dismal Nisrarnp,Manteo Bypass
u
ly Ut-Bridge and White's Store. COASTAL MANAGEMENT
RALEIG !
Three of the wetland mitigation sites,Mashoes Road, Dismal Swamp and Manteo Bypass Bridge, have
been closed out by DCM. In a letter dated 2/17/06, DCM agreed with NCDOT's recommendation to
discontinue monitoring at the Mashoes Road Mitigation Site. The Dismal Swamp mitigation site was
closed out by DCM through internal memorandums dated 10/27/05, 12/16/05 and 6/22/06. The
Manteo Bypass Bridge mitigation site was closed out by DCM in a letter dated 7/21/06.
One of the wetland mitigation sites, White's Store, has not been closed out by DCM. DCM has
communicated internally about this request in memorandums dated 10/19/05 and 12/16/05. In a letter
dated 6/13/05,NCDOT requested that DCM provide documentation stating that no further monitoring
is required and that the site is closed. In a letter to DOT dated 5/2/05, DCM said: "DCM has a zero
tolerance policy for Phragmites australis in coastal wetland mitigation sites. DCM does not allow
coastal wetland mitigation credit for areas dominated by Phragmites. The monitoring report states
that Phragmites was found in 3 of the 30 plots monitored in 2004. DCM does not agree that
monitoring can be discontinued at this site unless the unsuccessful portions of the site (Phragmites-
dominated) are abandoned and suitable coastal wetland restoration is found nearby to make up the
difference." In a letter to DOT dated 4/22/04, DCM stated: "The low survival of planted sawgrass at
the site and dominance of Echinochloa species suggests that the hydrology of the site is not favorable
for sawgrass...if the hydrology of the site were appropriate for sawgrass,Echinochloa would not
flourish." The CAMA Permit Commitment Review document prepared by RK&K dated 9/22/03
Page 4 of 19, 10/25/2006

DCM Evaluation of NCDOT's CAMA Permit Commitment Review
•
states: "RK&K field reviewed this site with Randy Midgett and Mr. Pablo Hernandez,NCDOT
Division 1 Resident Engineers, on January 15, 2003 and again in March 2003. Many bare ground
areas occur throughout the site and Phragmites is establishing along the western portion of the site.
Photos of this mitigation site are included below." DCM needs to make a visit to the White's Store
mitigation site to confirm that there are at least 0.42 acres of successful sawgrass areas to provide
mitigation at a 2:1 ratio for the 0.21 acres of impacts for this project, the only project to be debited
from this site to date. If there is a plan to transfer any excess mitigation credits from this site to the
EEP, then DCM and DOT need to let EEP know how much of the site is considered successful.
AIce)rL.V�� Whites Store has now been closed out by NCDCM. Closeout letter is attached. The site provided
n mitigation for 0.21 acre of impacts but due to Phragmites on the site, DCM will not allow for any
excess mitigation to be used for future impacts. V t
Temporary impa• mo• toring requirements SEP 2 5 2008
Please refer to the ► 'M document titled: "DCM Evaluation of NCDOT's `LAMA Permits with
Temporary Impac t. itoring Condition', dated April 20,2005." iJIV. OF COASTAL MANAGEMENT
RALEIGH
6. TIP NO. K-4003,ROANOKE ISLAND VISITOR CENTER, CAMA PERMIT NO. 7-98,
I INOR MODIFICATION ISSUED 6/5/01
Approv- • mitigation sites for wetland impacts resulting from this project include: on-site res oration,
creation an. 'reservation at the Roanoke Island Visitor Center/Rest Area Mitigation Site, ,orth and
South tracts in D: e County and preservation at the Mashoes Road Mitigation Site in P: e County.
Unauthorized clearing o o.- preservation area at the Roanoke Island Visitor Ce i er/Rest Area.
In a letter dated 3/6/02 from . P OT to USACE,NCDOT provided informa 'on about unauthorized
mechanized clearing of 0.29 acres . wetlands within the preservation are of the Roanoke Island
Visitor Center Mitigation Site. Becau - .reservation is only appropri. e for"high quality"wetlands,
the cleared wetlands no longer qualified fo 'reservation credits. -erefore,NCDOT requested that
the EEP provide mitigation for these 0.29 acre .f wetland imp. ' s elsewhere. In a letter dated
7/21/05, EEP stated it will compensate for these i •acts by • -ducting 0.58 acres/credits from the
Scuppernong River Mitigation Bank's transferred bal.'. : rn om DOT. However,the Scuppernong
River Mitigation Bank is in Tyrrell County and the T, e County 1996 land Use plan update on page
140 states that: "Tyrrell County opposes any 404 , etlands • igation projects within Tyrrell County
undertaken to replace 404 wetlands outside o yrrell County." rthermore, the impacts are in Dare
County, and the Dare County Land Use P 1994 Update on page :I states that: "Mitigation
activities and improvements designed -.. compensation for wetland los .ccurring in Dare County shall
be located, whenever possible, in P. e County and in proximity to the los " Therefore, there is a
conflict with the local land use • ans for the proposed debit from the Scuppe .ng River Wetland
Mitigation Bank. In an e- '.11 exchange during August 2006, DOT, DCM and : P agreed that DOT
would request that EEP - •just the transferred balance for the Dismal Swamp Mitig• 'on Site in Gates
County instead of th- " cuppernong River Mitigation Bank in Tyrrell County for these , pacts. Within
this request, DOT , '11 need to demonstrate that there is not available mitigation in Dare . my and in
proximity to t - impact. When DCM receives a copy of the request from DOT to EEP, we ' review
the proposa or consistency with the Gates County and Dare County CAMA land use plans. A •er the
DCM 1. • use plan review is complete, and if it is favorable, then EEP will send out an
ackno edgement letter that the transferred asset beginning balances have been successfully adjusted.
Page 5 of 19, ice.

DCM Evaluation of NCDOT's CAMA Permit Commitment Review
5. R-2551, WIDENING OF US 64-264 FROM WEST OF MANNS HARBOR TO SR 1105,
CONSTRUCTION OF NEW 4/5 LANE FACILITY FROM SR 1105 TO US 64-264/NC 345,
INCLUDING A NEW BRIDGE ACROSS THE CROATAN SOUND, DARE COUNTY, CAMA
PERMIT NO. 7-98
bmerged aquatic vegetation requirements:
DC • .s not received any documentation from NCDOT that the submer;-• aquatic vegetation
requireme . of CAMA Permit No. 7-98 have been satisfied. The C: A permit commitment review
document prepai , by RK&K dated 9/22,03 states: "In order to . fill mitigation commitments
associated with this pr..-ct, a post-construction SAV surve ould be completed-and a meeting
conducted with resource age 'es no later than three t the following to determine appropriate
mitigation for impacts, if any." ompliance w' Condition Number 13 of the major CAMA
permit modification issued on 9/23/' ;, 'C 1 needs to carry out a post-construction inventory
of submerged aquatic vegetation duri - rst acceptable period (August-September). In
compliance with Condition Numbe 4 of the m. ' CAMA permit modification issued on
9/23/98,NCDOT needs to cony e a meeting with rep •ntatives of the Division of Coastal
Management, the NC Wild '.'e Resources Commission, the Division of Marine Fisheries, the
NC Division of Water I ality, the US Army Corps of Engineers . 'd the National Marine
Fisheries Service. is meeting will be for the purposes of assessing : i struction-related impacts
to SAV habitat . d to determine an appropriate monitoring and mitigate• strategy, including
scheduling, : offset the loss of this habitat. In compliance with Condition Nu •er 14 of the
major C A permit modification issued on 9/23/98,NCDOT needs to carry out . ' and all
miti! , ion requirements resulting from this meeting. DWQ shall be involved in the n otiation
o e mitigation plan.
Surface water mitigation requirements
In a letter dated 9/9/99, EEP accepted payment from NCDOT for mitigation requirements of 1047 feet
of stream. Therefore, the surface water mitigation requirements of this project have been
satisfied.
Wetland mitigation requirements
There are 4 wetland mitigation sites for this project: Mashoes Road, Dismal Swamp, Manteo Bypass
Bridge and White's Store.
Three of the wetland mitigation sites, Mashoes Road, Dismal Swamp and Manteo Bypass Bridge, have
been closed out by DCM. In a letter dated 2/17/06, DCM agreed with NCDOT's recommendation to
discontinue monitoring at the Mashoes Road Mitigation Site. The Dismal Swamp mitigation site was
closed out by DCM through internal memorandums dated 10/27/05, 12/16/05 and 6/22/06. The
Manteo Bypass Bridge mitigation site was closed out by DCM in a letter dated 7/21/06.
One of the wetland mitigation sites,White's Store, has not been closed out by DCM. DCM has
communicated internally about this request in memorandums dated 10/19/05 and 12/16/05. In a letter
dated 6/13/05, NCDOT requested that DCM provide documentation stating that no further monitoring
is required and that the site is closed. In a letter to DOT dated 5/2/05,DCM said: "DCM has a zero
tolerance policy for Phragmites australis in coastal wetland mitigation sites. DCM does not allow
coastal wetland mitigation credit for areas dominated by Phragmites. The monitoring report states
that Phragmites was found in 3 of the 30 plots monitored in 2004. DCM does not agree that
monitoring can be discontinued at this site unless the unsuccessful portions of the site (Phragmites-
dominated) are abandoned and suitable coastal wetland restoration is found nearby to make up the
Page 7 of 19, 10/25/2006

•
DCM Evaluation of NCDOT's CAMA Permit Commitment Review
difference." In a letter to DOT dated 4/22/04, DCM stated: "The low survival of planted sawgrass at
the site and dominance of Echinochloa species suggests that the hydrology of the site is not favorable
for sawgrass...if the hydrology of the site were appropriate for sawgrass, Echinochloa would not
flourish." The CAMA Permit Commitment Review document prepared by RK&K dated 9/22/03
states: "RK&K field reviewed this site with Randy Midgett and Mr. Pablo Hernandez, NCDOT
Division 1 Resident Engineers, on January 15, 2003 and again in March 2003. Many bare ground
areas occur throughout the site and Phragmites is establishing along the western portion of the site.
Photos of this mitigation site are included below." DCM needs to make a visit to the White's Store
mitigation site to confirm that there are at least 0.42 acres of successful sawgrass areas to
provide mitigation at a 2:1 ratio for the 0.21 acres of impacts for this project,the only project to
be debited from this site to date. If there is a plan to transfer any excess mitigation credits from
this site to the EEP,then DCM and DOT need to let EEP know how much of the site is
considered successful.
im act monitoring requirements
Please refer to the D oc • - " CM Evaluation of NCDOT's `CAMA Permits with
Temporar onitoring Condition', dated Apn , @5."
TIP NO. K-4003, ROANOKE ISLAND VISITOR CENTER, CAMA PERMIT NO -98,
OR MODIFICATION ISSUED 6/5/01
Approve. '.itigation sites for wetland impacts resulting from this project includ-. on-site restoration,
creation and p - ervation at the Roanoke Island Visitor Center/Rest Area Mi •:ation Site, North and
South tracts in D. : County and preservation at the Mashoes Road Miti:. on Site in Dare County.
Unauthorized clearing of ' : .reservation area at the Roanoke Isl. •i Visitor Center/Rest Area.
In a letter dated 3/6/02 from N ' 0 OT to USACE, NCDOT pro ded information about unauthorized
mechanized clearing of 0.29 acres o etlands within the p •servation area of the Roanoke Island
Visitor Center Mitigation Site. Becaus- •reservation i •nly appropriate for"high quality" wetlands,
the cleared wetlands no longer qualified for ► eserv. 'on credits. Therefore, NCDOT requested that
the EEP provide mitigation for these 0.29 acres • etland impacts elsewhere. In a letter dated
7/21/05, EEP stated it will compensate for the!- im.: is by deducting 0.58 acres/credits from the
Scuppernong River Mitigation Bank's tran 'erred balan • from DOT. However, the Scuppernong
River Mitigation Bank is in Tyrrell Co ' y and the Tyrrell .aunty 1996 land Use plan update on page
140 states that: "Tyrrell County opp• es any 404 wetlands mi •:ation projects within Tyrrell County
undertaken to replace 404 wetlan.: outside of Tyrrell County." ► ermore, the impacts are in Dare
County, and the Dare County : d Use Plan 1994 Update on page 6$ tates that: "Mitigation
activities and improvements .esigned as compensation for wetland loss • curring in Dare County shall
be located, whenever pos ••le, in Dare County and in proximity to the loss. Therefore,there is a
conflict with the loca and use plans for the proposed debit from the Scu• ernong River
Wetland Mitigatio :ank. In an e-mail exchange during August 2006,DO ' DCM and EEP
agreed that DO ould request that EEP adjust the transferred balance for th• 1 ismal Swamp
Mitigation Sit. in Gates County instead of the Scuppernong River Mitigation Ban in Tyrrell
County for ese impacts. Within this request,DOT will need to demonstrate that t i •re is not
available itigation in Dare County and in proximity to the impact. When DCM recei •s a copy
of the r-quest from DOT to EEP,we will review the proposal for consistency with the Ga.•s
Cou y and Dare County CAMA land use plans. After the DCM land use plan review is
co s plete,and if it is favorable,then EEP will send out an acknowledgement letter that the
ansferred asset beginning balances have been successfully adjusted.
Page 8 of 19, 10/25/2006

Casey Tract mitigation sites in 2003. A.- cy approval should be obtained before
•'.continuing vegetative monitoring for the asey Tract Mitigation Site.
CAMA Per t No. 88-96 is •ed 5/29/96 and 6/2/96
TIP No. R-2512
Chowan and Be e C• , nties
Project Na -: US 17 Bridge, owan River
Project ' -scription: US Hwy 17 bri.•: crossings at the Chowan Riv- and Pembroke
Creek.
Re . • mendations: NCDOT should develop a mitigatio 'Ian to compensate for the
SAV los _ as stated in Condition 16 of Permit No. ::-96. Monitoring of the Dismal
Swamp and ': broke Creek Mitigation Sites sh.• d continue through 2003 or until
success criteria a : met. Monitoring gauge . oblems at the Pembroke Creek Site
should be addressed.
It appears that all mitigation equir: ents associated with this project have been
appropriately debited. NCDOT s' Id update DCM on the progress of mitigation and
monitoring activities associated with R-• 12. Correspondence from DCM dated April 29,
2002 states that DCM has • record of ' '.ation or monitoring efforts for this project
and refers to the require • t of temporary imp.. monitoring. According to NCDOT and
the COE modification .wo. 199705883) dated Octo.: 23, 1997, temporary impacts were
reclassified as per -nent impacts and mitigated for thro.:h mitigation banks.
Hydrology su •ess criteria on the Ballance Farm Mitigation Sit- hould be clarified with
resource a:-ncy personnel. According to the monitoring repo , ydrology must be
similar t• the associated reference wetlands and depths predicted '• the calculated
water . dget. The monitoring report presents data with respect to the 'urisdictional
wet!. d criteria (saturation or inundation for 12.5% of the growing season); h. ever, it is
u lear from the monitoring report how hydrology at the mitigation and refere e sites
are to be quantitatively compared.
CAMA Permit No. 7-98 issued 1/20/98
TIP No. R-2551 (B-5208)
Dare County
Project Name: US 64, Croatan Sound Bridge
Project Description: US 64/264 beginning at the intersection of US 64/264, 1.9 miles
west of Manns Harbor, and extends eastward to the intersection of NC 345 and US
3

64/264 south of Manteo. The total project length is approximately 10 miles and includes
a 5.22-mile bridge extending across the Croatan Sound.
Recommendations: RK&K did not locate documentation referencing a post-
construction SAV survey. If this has not been completed, it should be conducted as
soon as possible. In addition, a resource meeting with agency personnel should be
established within three months of the post-construction survey.
RK&K recommends that documentation be obtained of agency agreement with
vegetative monitoring and success criteria utilized for Manteo Bypass Bridge Mitigation
Site (NMFS criteria vs. criteria set forth in initial mitigation plan).
NCDOT should continue to monitor and provide annual monitoring reports of Mashoes
Road Mitigation Site, Manteo Bypass Mitigation Site, Dismal Swamp Mitigation Site and
White's Store Mitigation Site. The COE has requested notification and an opportunity to
attend annual monitoring activities. Remedial actions may be necessary on the White's
Store Site due to the poor establishment of sawgrass (Cladium jamaicense) and
establishing Phragmites australis. NCDOT should consult with resource agencies to
determine appropriate remediation for this site.
Annual reports of the impact area associated with the temporary work trestle (CAMA
Permit Modification issued May 1, 2000) should be documented. A meeting to review
temporary impact areas is required in 2005 (three years post-project completion). As
stated in WQC No. 3167 issued November 26, 1997, all temporary impact areas should
be restored in accordance with the finalized DWQ restoration policy.
DWQ documented a payment of $69,375 to WRP in the WQC issued on August 19,
1998. NCDOT should provide documentation of a $61,500 contribution to WRP
provided as compensation for the additional 492 linear feet of stream impacts in order to
account for the total 1,047 linear feet of impacts ($130, 875 required) in the Pasquotank
River basin associated with this project.
MA Permit No. 7-98 modific. '•n (date unknown)
TIP No. ' 00
Da = ounty
Project Name: Roanoke Isl. .:- itor Center
Project Descri• '• : Construction of the '.anoke Island Visitor Center -•: -est Area
occurred -ssociation with the newly constru :. Manteo B e R-2551) US 64/US
2.• .etween the Croatan Sound and US 64/NC 345 ection in Dare County.
Recommendations: NCDOT shoul. -. tinue to monitor bot' e Roanoke Island and
Mashoes Road Mitigation Si -- or a five year period or until succ-, criteria are met.
Hydrologic monitorin• :- a for the Roanoke Island Mitigation Site sho , be clarified.
The report stat-. at hydrology is jurisdictionally successful, although not all g. _ •es are
meetin. -sency criteria for success as set forth in the mitigation plan. Gaug- data
-2) should be revisited, as the data presented does not correspond with the
4

R-2551/(B-5208) CAMA Permit No. 7-98
Executive Summary
NCDOT constructed a highway improvement project (T.I.P. Project No. R-
2551/B-5208) beginning at the intersection of US 64/264, 1.9 miles west of Manns
Harbor and extending eastward to the intersection of NC 345 and US 64/264 south of
Manteo. NCDOT submitted an application for a CAMA Major Development Permit in
October 1997. In this permit, NCDOT lists a total of 19.92 ac of permanent wetland
impacts and 1.22 ac of permanent impacts to surface waters. Compensatory mitigation
for impacts occurred at the Mashoes Road Mitigation Site, Dismal Swamp Mitigation
Site, White's Store Mitigation Site and Manteo Bypass Bridge Mitigation Site (in
response to a permit violation). In addition, NCDOT compensated for stream impacts
associated with this project through payment to the WRP. CAMA, COE and DWQ
issued permits for this project in 1998. Permits subsequently underwent a series of
modifications between 1998 and 2000. In order to fulfill mitigation commitments
associated with this project, a post-construction SAV survey should be completed and a
meeting conducted with resource agencies no later than three months following to
determine appropriate mitigation for impacts, if any. NCDOT should continue annual
monitoring at established mitigation sites as well as at temporary impact areas and
document revised success criteria (Manteo Bypass Bridge Mitigation Site). Remedial
actions may be necessary on the White's Store Site due to the poor establishment of
sawgrass (Cladium jamaicense) and establishing Phragmites. An agency meeting
should be scheduled in 2005 (three years post-construction) to review the status of
temporary impact areas. As stated in WQC No. 3167 issued November 1997, all
temporary impact areas should be restored in accordance with the finalized DWQ
restoration policy. NCDOT should provide documentation of payment to WRP for 1,047
linear feet of stream impacts.
Project Description
NCDOT constructed a transportation improvement project (R-2551/B-5208) for
US 64/264 in Dare County, North Carolina. The project begins at the intersection of US
64/264, which is 1.9 miles west of Manns Harbor and extends eastward to the
intersection of NC 345 and US 64/264 south of Manteo. The total project length is
approximately 10 miles and includes a 5.22-mile bridge extending across the Croatan
Sound.
DCM issued the original CAMA permit in early 1998 and a major modification on
September 23, 1998. This modification states that total wetland impacts include 9.51 ac
of coastal marsh and 9.14 ac of 404 wetlands. The CAMA permit as well as COE permit
subsequently underwent a series of modifications between 1998 and 2002. NCDOT
received a permit violation in August 1999 for disturbance to a black needlerush (Juncus
roemerianus) marsh located adjacent to the newly constructed bridge (B-5208) crossing
the Croatan Sound. NCDOT subsequently developed a mitigation plan for the impacted
site (Manteo Bypass Bridge Mitigation Site) and completed its second year monitoring in
2002. Additional compensatory mitigation for this project occurred at the Dismal Swamp
Mitigation Site, the Mashoes Road Mitigation Site, the White's Store Mitigation Site and
through the WRP.
1

Protect Timeline
• November 26, 1997: WQC No. 3167 issued.
• December 1997: Report detailing pre-construction SAV survey completed.
• January 20, 1998: CAMA Permit No. 7-98 issued.
• March 5, 1998: COE Permit No. 199502334 issued.
• August 19, 1998: WQC No. 3167 modified.
• September 23, 1998: CAMA Permit No. 7-98 modified.
• September 24, 1998: COE Permit No. 199502334 modified.
• Spring 1999: Mashoes Road Mitigation Site construction completed.
• August 12, 1999: DCM Notice of Violation issued.
• September 1999: Manteo Bridge Bypass Mitigation Site restored.
• April 28, 2000: WQC No. 3167 modified.
• May 11, 2000: COE Permit No. 199502334 modified.
• May 2001: Manteo Bridge Mitigation Site planted.
• May 2001: White's Store Mitigation Site constructed and planted.
• May 2001: Mashoes Road Mitigation Site planted.
• August 16, 2002: Manteo Bridge (B-5208) opened.
• March 2003: RK&K field review completed.
Permit Commitments
CAMA Permit No. 7-98 issued 1/20/98 (Croatan Sound and Spencer Creek, US 64-
264 Manns Harbor to Manteo)
NOTE: The proposed project will impact a total of 12.29 ac of coastal marsh and +/-
7.62 ac of palustrine forest.
12) The permittee shall enact in its entirety the mitigation plan outlined in the
document Mitigation Proposal, Mashoes Road Mitigation Site (October 1997).
NOTE: The acceptance of this mitigation plan was based upon the site-specific
reviews of the impacted wetland habitats as well as the potential functions and
values of the habitats to be restored. Issuance of this permit does not imply any
precedent with regards to mitigation.
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13) Monitoring of the mitigation site shall continue for a length of five (5) years
following completion of planting.
14) A post-construction inventory of SAV, similar to the study outlined in the October
29, 1997 SAV study (prepared by Langley and McDonald, P.C.), shall be carried out
during the first acceptable period (August-September) immediately following
completion of the bridge construction phase of the project.
15) Within three months following completion of the SAV study described in
Condition 13 above, the permittee shall convene a meeting with representatives of
the DCM, WRC, DMF, DWQ, COE and NMFS. This meeting will be for the purposes
of assessing construction-related impacts to SAV habitat, and to determine
appropriate monitoring and mitigation strategy, including scheduling, to offset the
loss of this habitat. The permittee shall carry out any and all mitigation requirements
resulting from this meeting.
18) The DWQ has authorized the proposed project WQC No. 3167 (DWQ Project
No. 970856), which was issued on November 26, 1998. Any violation of conditions
of this certification will be considered a violation of this CAMA permit.
CAMA Permit No. 7-98 major modification issued 9/23/98 (Croatan Sound and
Spencer Creek, US 64-264 Manns Harbor to Manteo)
NOTE: The proposed project will impact a total of+/-9.51 ac of coastal marsh and
+/-9.14 ac of 404 wetlands.
CAMA Permit No. 7-98 minor modification issued 5/20/99 (Croatan Sound and
Spencer Creek, US 64-264 Manns Harbor to Manteo)
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+50 (approximate), and the construction of a +/-1.4 ac mitigation site between
stations 12+00 and 16+00 (approximate), all as depicted in the attached workplan
drawings and the April 7, 1999 modification request letter.
CAMA Notice of Violation letter dated 12/9/99
DCM letter documents Notice of Violation issued to NCDOT on August 12, 1999. The
violation occurred on property located at the Manns 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. The letter states that all restoration
measures requested by the DCM have been completed.
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CAMA Permit No. 7-98 minor modification dated 5/1/00 (Croatan Sound and Spencer
Creek, US 64-264 Manns Harbor to Manteo)
2) In accordance with the permittee's letter dated April 24, 2000, spoil material
associated with jetting operations in jurisdictional areas will be removed from both
coastal and freshwater wetlands by using a crane fitted with a clamshell bucket from
the existing temporary work trestle. This will require that the temporary work trestle
be extended all the way to high ground. Mats will not be used and tracked or
wheeled equipment will not be operated in any jurisdictional areas.
3) In removing the spoil associated with the jetting operation, the permittee shall use
extreme care to ensure that the temporarily impacted areas are returned to pre-
project contours and elevations.
4) Due to the possibility that activities authorized under this permit modification might
prevent the temporary wetland impact area from re-attaining wetland jurisdictional
status, the permittee shall provide an annual update on the wetland areas temporarily
impacted by this project. This annual update will consist of photographs provided
during the agency monitoring report meeting and a brief report on the progress of
these temporarily impacted areas in re-attaining wetland jurisdictional status. Three
years after project completion, the permittee shall schedule an agency field meeting
with DCM, DWQ and WRC to determine if the wetland areas temporarily impacted by
this project have re-attained wetland jurisdictional status. If at the end of three years
the wetland areas temporarily impacted by this project have not re-attained
jurisdictional wetland status, NCDOT and the above listed shall determine whether a
compensatory wetland mitigation plan will be required.
COE Permit No. 199502334 issued 2/12/98
Permit authorizes NCDOT:
To deposit fill materials into 13.222 ac of jurisdictional wetlands, to mechanize land
clear 3.85 ac of jurisdictional wetlands, to drain 2.79 ac of jurisdictional wetlands, and
to deposit fill materials into 0.05 ac of open waters of the United States located
adjacent to the Croatan Sound, Spencer's Creek and unnamed tributaries.
Permit Conditions:
e) The mitigation work for marsh and non-riverine bottomland hardwoods wetlands
will be undertaken at the Mashoes Road Mitigation Site (MRMS) pursuant to the plan
entitled "Mitigation Plan, Mashoes Road Mitigation Site, Dare County, State Project
No. 8T051401, TIP Project No. R-2551" (October 1997), and pursuant to the
additional commitments and additions in the correspondence dated December 18,
1997, from Mr. H. Franklin Vick, NCDOT, to Mr. Mike Bell, COE - RG-W. The
permittee shall incorporate the December 18, 1997, commitments into the final
mitigation plan and provide this final plan to the COE Wilmington District no more
than 30 days after the issuance date of this permit. The MRMS construction will
begin no later than 90 days after construction activity in the wetlands portion of the
permitted highway project commences. The construction and monitoring of the
mitigation site will run concurrently with the construction of the highway project. The
MRMS will be constructed and implemented to the extent necessary to restore 8.0 ac
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of previously affected palustrine forested wetlands, preserve 76.20 ac of palustrine
forested wetlands, restore 13.10 ac of previously affected estuarine marsh wetlands,
and preserve 122.90 ac of estuarine marsh wetlands, to the satisfaction of the COE.
Any deviation from the mitigation site construction schedule must be approved by the
Wilmington District, COE, Regulatory Division.
f) Prior to the commencement of any compensatory mitigation work within the
MRMS, the permittee shall conduct a soils boring test within the planting areas to
determine the presence of unsuitable materials (trash, construction and woody
debris, car bodies, asphalt, etc.) that may be buried within the mitigation site. The
sampling strategy must be approved by the COE prior to implementation.
g) Should unsuitable materials be determined to exist within the planting areas
(within 36 inches of final target elevations), the permittee shall prepare a plan of
action for the removal and disposal of all such material. This plan must be reviewed
and approved by the COE prior to implementation.
h) Prior to the commencement of any compensatory mitigation work within the
MRMS, the permittee shall remove all woody and construction debris from the
western end of the process pond for appropriate disposal within an upland disposal
site.
i) The mitigation work will also be undertaken at the Dismal Swamp Mitigation Site
(DSMS) pursuant to the plan entitled, "Compensatory Mitigation Plan, N.C.
Department of Transportation, US 17 Widening, Edenton to Hertford, Traffic
Improvement Project (TIP): R-2208A, Chowan and Perquimans Counties, North
Carolina" (April 24, 1995), and will be commenced immediately, and implemented
concurrently with all phases of construction activities authorized by this permit, to the
extent necessary to construct, monitor and maintain 1.5 ac of riverine wetlands to the
satisfaction of the COE. Any deviation from the mitigation site construction schedule
must be approved by the Wilmington District, COE, Regulatory Division.
j) The permittee shall identify and survey the acreage at the DSMS and the MRMS
utilized to satisfy Special Conditions (e.) and (i.) above and provide a copy of the
survey to the COE, Washington Regulatory Field Office, NCDOT Project Manager,
within 30 days of the date of this permit.
k) The MRMS will be transferred to the Alligator River National Wildlife Refuge upon
completion of all monitoring activities and any necessary remedial work or by May 31,
2005, whichever occurs first. Until the property has been conveyed to the Alligator
River National Wildlife Refuge, NCDOT will maintain the site in the condition
stipulated by the implementation of the mitigation plan. Prohibited activities within the
mitigation areas (MRMS and DSMS) 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,
described in Special Conditions (e.) and (i), above.
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I) Special Condition (k.) above, runs with the land. The permittee shall not sell,
lease, or otherwise convey any interest in the MRMS except to the Alligator River
National Wildlife Refuge.
m) The permittee shall contact the COE, Washington Regulatory Field Office
NCDOT Regulatory Project Manager and provide him with the opportunity to attend
the annual mitigation monitoring efforts.
n) The permittee will submit the annual mitigation monitoring reports by December
31 of each monitoring year.
o) The MRMS shall be constructed and planted by May 31, 1999. As-built reports for
both mitigation areas shall be submitted by August 31, 1999.
p) The temporary haul road impacts shall not exceed 1.98 ac and clearing, not
grubbing, shall be the method of vegetation removal, and earthen material shall be
introduced only after geotechnical fabric has been installed.
q) All fill and fabric associated with the temporary haul road shall be removed within
30 days of the completion of the project. All areas impacted by the temporary fill shall
be restored to preconstruction elevations and contours.
r) The wetland sites impacted by temporary haul roads shall be monitored to insure
that native vegetation is colonizing. If the site has not achieved 80% area coverage
of native vegetation within one year of the date the fill material is removed, the
applicant will plant the site with a mixture of species deemed appropriate by the COE.
w) All fill material will be immediately stabilized and maintained to prevent erosion
and sedimentation into adjacent waters and/or wetlands. Fescue will not be planted
within wetlands or any mitigation area.
y) The permittee will construct a storm drainage system to capture runoff over the
wetlands. The design will be coordinated with the DWQ. The collected storm water
will be piped to large stilling basins to be located on high ground.
bb) The permittee will conduct surveys for SAV prior to the initiation of construction
activities in the Croatan Sound. The surveys shall include a definitive underwater
survey to map SAV populations at the bridging section of the project. This
underwater survey will include measuring population density and species composition
to establish a pre-construction community profile. The survey methodology will be
coordinated with the NMFS, FWS, and the North Carolina Coastal Resources
Commission.
cc) Within three months following completion of the SAV study described in
Condition (bb.) above, the permittee shall convene a meeting with representatives of
the DCM, WRC, DMF, DWQ, COE, FWS and NMFS. This meeting will be for the
purpose of assessing construction-related impacts to SAV habitat, and to determine
an appropriate monitoring and mitigation strategy, including scheduling, to offset the
loss of this habitat. The permittee shall carry out any and all mitigation requirements
imposed by the COE resulting from this meeting.
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gg) All conditions of Section 401, WQC No. 3139, issued by the DWQ on November
20, 1997, are conditions of this permit.
COE Permit No. 199502334 modified 9/24/98
Permit authorizes NCDOT to:
a) Fill an additional 1.22 ac of Section 404 wetlands and fill 0.60 ac of open waters
of the United States adjacent of the Croatan Sound to widen US 64 from the western
terminus of the project to west of Manns Harbor (Station 8+89 to 34+02).
b) Eliminate the permitted channel replacement immediately north of the channel fill
discussed in (a.) above (Station 32+00 to 34+02). The excavation of the permitted
replacement canal would have occurred within an adjacent estuarine forested
wetland complex destroying 2.79 acres of adjacent coastal wetlands. These 2.79
acres of wetland will not be impacted with the proposed modification. In addition,
since the replacement channel, which was to compensate for open water impacts
caused by the project impact on the existing channel, will not be constructed,
NCDOT proposes to compensate for these open water impacts by utilizing the WRP.
The NCDOT proposes to offset this open water habitat loss by payment of $61,500
(492 linear feet x $125 per linear foot) into the WRP.
c) Modify special condition (t.) to allow for temporary construction impacts in 1.25 ac
of palustrine wetlands and a temporary 7,700 feet long by 45 feet wide construction
access bridge in open waters of the United States. The 1.25 ac wetland area is
located at the permitted bridge take off area from Station 38+00 to Station 40+30
(attached plan sheets 18-19). The purpose of the construction access area is to
provide for a material/equipment staging area, a concrete batch plant and a casting
yard. In addition, the movement of the bridge's structural components that are cast
on shore must be delivered to points southward.
To compensate for the additional temporary wetland impacts NCDOT will eliminate
the permitted construction access fills in wetlands at both ends of the bridge, and,
instead, would construct temporary work bridges for construction access in wetland
areas. This proposal would represent a net decrease in temporary wetland impacts
of 0.73 ac for the project.
d) Fill 0.30 ac of wetland for the construction of a haul road to a high ground borrow
area.
Conditions of modification:
ii) All fill and fabric associated with the temporary construction staging area shall be
removed within 30 days of the completion of the casting work. All areas impacted by
the temporary fill shall be restored to pre-construction elevations and contours.
jj) The wetland sites impacted by temporary construction staging area shall be
monitored to insure that native vegetation is colonizing. If the site has not achieved
80% area coverage of native vegetation within one year of the date the fill material is
removed, the applicant will plant the site with a mixture of species deemed
appropriate by the COE.
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COE Permit No. 199502334 modified 5/14/99
Permit authorizes:
a) Fill of an additional 0.09 ac of Section 404 wetlands and excavate 0.12 ac 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.
b) Restore 1.4 ac of sawgrass (Cladium jamaicense) marsh 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.
Conditions of modification:
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 ac of riverine marsh wetlands to the satisfaction of the
COE.
oo) The permittee shall contact the COE, 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-ac 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.
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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 COE for review and comment. The amount of fill material to be
removed prior to restoration efforts will be coordinated with the COE.
COE Permit No. 199502334 modified 5/11/00
Authorized pile jetting and associated cleanup for the referenced project, the
extension of the currently permitted Tee Road by an additional 60 feet, a temporary
floating dock and mooring piles and temporary trestle stabilization measures.
Permit Conditions:
2) All fill material discharged into jurisdictional waters of the United States, including
wetlands will be removed in its entirety, with the surrounding jurisdictional areas
being restored to pre-construction contours to the satisfaction of the appropriate
COE representative.
COE Permit No. 199502334 modified 6/14/00
Modification authorizes delay in planting the eastern side of the MRMS during the
spring of 2001 in order to allow NCDOT two additional opportunities in the Spring of
2000 and Fall of 2000 to eliminate the Phragmites australis on the site prior to
planting the site with marsh grass.
WQC No. 3167 issued 11/26/97
Conditions of Certification:
3) Post-construction monitoring of Submerged Aquatic Wetland communities shall
be conducted in accordance with techniques discussed in the EA/FONSI and permit
application if mitigation is determined to be required. DWQ shall be involved in the
negotiation of the mitigation plan.
4) Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
6) Mitigation for wetland impacts shall be implemented at the MRMS and DSMS, as
proposed in your permit application and the plans approved for these two sites. For
accounting purposes, this Certification authorizes the fill of 12.30 ac of riparian
wetlands and 7.62 ac of non-riparian wetlands, in the Pasquotank River and
subbasin and 12.30 ac of riparian restoration at MRMS are required. You have also
committed to debiting 1.5 ac of riparian restoration at DSMS to further compensate
for impacts to 0.75 ac of riparian wetlands at Site 10. The 7.62 ac of non-riparian
wetland impacts shall be mitigated at MRMS.
8) Up to 1.99 ac of temporary fill in wetlands will be required to build haul roads. All
temporary fill material must be removed from construction access areas. On May
27, 1997, DWQ submitted a draft restoration policy for temporary impact areas to
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NCDOT. We anticipate sending this policy to Public Notice before the end of
November 1997 and finalizing it prior to construction for this project. Restoration of
temporary impact areas shall be conducted in accordance with the final version of
this policy.
AUTHORIZED IMPACTS:
19.92 ac of Class WL wetlands
12.30 ac of riparian wetlands
7.62 ac of non-riparian wetlands
555 linear feet of stream channel
COMPENSATORY MITIGATION REQUIREMENT
19.92 ac of Class WL wetlands
13.80 ac of riparian wetlands, including
12.30 ac Mashoes Road Mitigation Site
1.5 ac Dismal Swamp Mitigation Site
7.62 ac of non-riparian wetlands at MRMS
555 linear feet of stream channel (WRP)
WQC No. 3167 dated 8/19/98
3) Post-construction monitoring of Submerged Aquatic Wetland communities shall
be conducted in accordance with techniques discussed in the EA/FONSI and permit
application if mitigation is determined to be required. DWQ shall be involved in the
negotiation of the mitigation plan.
4) Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities.
6) Mitigation for wetland impacts shall be implemented at the MRMS and Dismal
Swamp Mitigation Site (DSMS) as proposed in your permit application and the plans
approved for these two sites. For accounting purposes, this Certification authorizes
the fill of 11.33 acres of riparian wetlands and 7.47 ac of non-riparian wetlands in the
Pasquotank River and subbasin and 11.33 ac of riparian restoration at MRMS are
required. You have also committed to debiting 1.5 ac of riparian restoration at DSMS
to further compensate for impacts to 0.75 ac of riparian wetlands at Site 10. The
7.47 ac of non-riparian wetland impact shall be mitigated at MRMS.
7) We understand that you have chosen to contribute to the Wetland Restoration
Program (WRP) in order to compensate for impacts to naturalized canals. In
accordance with 15A NCAC 2R. 0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H. 0506 (h). 555 feet of stream
restoration were required in accordance with the 401 WQC issued November 26,
1997. In accordance with your modification request of July 8, 1998, an additional
492 feet of stream restoration will be required for a total of 1047 feet. Until the WRP
receives and clears your check (made payable to DENR Wetland Restoration
Program) stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-
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5083 ext. 358 if you have any questions concerning the WRP. You have one month
from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 1047 feet of streams in the Pasquotank River
and subbasin and 1047 feet of restoration are required. This would require a
$130,875 total contribution to the WRP, $69,375 of which was paid by NCDOT
following issuance of the November 26, 1997 certification.
8) Up to 0.55 ac of temporary fill in wetlands will be required to build haul road and
staging areas. All temporary fill material must be removed from construction access
areas. On May 27, 1997, DWQ submitted a draft restoration policy for temporary
impact areas to NCDOT. We anticipate sending this policy to Public Notice before
the end of November 1997 and finalizing it prior to construction of this project.
Restoration of temporary impact areas shall be conducted in accordance with the
final version of this policy.
WQC No. 3167 modification dated 4/28/00
Permit authorizes:
• The pile jetting and cleanup for 19 bridge bents for the referenced project
• The extension of the currently permitted Tee Road by an additional 60 feet
• A temporary floating dock
Conditions of Certification:
4) There shall be no excavation from or waste disposal into jurisdictional wetlands
or waters associated with this permit without appropriate modification of the permit.
Should waste or borrow sites be located in wetlands or stream, compensatory
mitigation will be required since it is a direct impact from road construction activities;
5) No additional compensatory mitigation shall be done in accordance with this
modification.
Mitigation Status
NCDOT completed construction of the MRMS in 1999. Planting of trees along
the west side of the site occurred in 1999 and again in 2000-2001. Planting of marsh
grass occurred in spring of 2001. The 2002 monitoring report represents the second
year of monitoring. NCDOT performed Phragmites treatment in October 2000, April
2001 and again in November 2002. Success criteria for the west side of the site
required saturation or inundation within 12 inches of the surface for at least 12.5% of the
growing season. All nine groundwater gauges met this criteria. On the eastern (coastal
marsh) side of the site, success requires saturation or inundation for at least 25% of the
growing season or the statistical equivalent of the reference site. All ten surface gauges
met the 25% criteria measured in consecutive as well as cumulative days. Vegetation
on the west side of the site is exceeding required success criteria with 639 trees per
acre; 320 trees are required for third year monitoring. The east side of the site is not yet
meeting success criteria with 54.0% of the plots containing the target species (70%
required) and a scale value of 3.92 for vegetative coverage (value of 5 required at year
5). Five years of monitoring are required. The Mashoes Road Mitigation Site 2002
Monitoring Report (second year) documents 220.2 ac of wetland credits debited for R-
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2551 (13.1 ac SWM restoration, 8 ac forest wetland restoration, 122.9 ac SWM
preservation, and 76.2 ac forest wetland preservation).
The fourth year (2002) Dismal Swamp Mitigation Site monitoring lists 1.5 ac of
SPH Riverine debited for R-2551. The monitoring report states 19 of 23 gauges are
meeting expected success criteria of saturation or inundation within 12 inches for 12.5%
of the growing season. Only 4 of the total 28 gauges located on the site are not meeting
expected success criteria. Vegetation exceeded success criteria with an average of 482
trees per acre, above the requirement for 320 trees per acre. Success criteria require
the site be monitored for a minimum of five years or until success criteria are met.
NCDOT plans to continue monitoring this site during 2003.
The Manteo Bypass Bridge Mitigation Site (built in response to a permit violation)
has completed its first year monitoring of 0.128 ac of brackish marsh. No hydrologic
monitoring is required and vegetation monitoring is required for five years. NCDOT
replanted the site with black needlerush in May 2001. The first year (2001) monitoring
report refers to success criteria stated in the mitigation plan that requires the disturbed
area to meet 90% vegetative cover of that measured in the adjacent reference marsh.
NCDOT proposes in this report that success criteria are revised to meet those
requirements of the NMFS that require 75% vegetative cover (scale value of 5) at year 5
and a minimum of 70% of plots containing the target species. The 2001 and 2002
Monitoring Reports utilize the NMFS success criteria. The 2002 Monitoring Report
represents the second year of monitoring following replanting. According to this report,
the frequency of target species was 100% and the site obtained a 3.9 scale factor for
vegetative cover.
In a letter dated August 19, 1998, DWQ referenced payment to the WRP for
stream impacts associated with R-2551. The initial WQC dated November 26, 1997,
required payment for 555 feet of stream restoration. The modification dated August 19,
1998, required an additional 492 feet of stream restoration for a total of 1,047 feet.
DWQ documents the payment of $69,375 for the initial request, but no documentation
has been located for the remaining stream restoration.
In the COE modification dated March 14, 1999, NCDOT agreed to perform 1.4 ac
of restoration at the location of the old roadbed in response to an additional 0.21 ac.
impacts. NCDOT constructed and planted this site, subsequently called the White's
Store Mitigation Site with sawgrass in May 2001. The debit ledger included in the 2002
Monitoring Report lists 1.4 ac of mitigation for impacts associated with R-2551.
According to the report, hydrologic success for this site requires that the groundwater
table is within 12 inches consecutively for 12.5% of the growing season. Both
monitoring gauges placed on the mitigation site met this criteria. Vegetation success is
dependent upon greater than 50% survival of planted species or 75% aerial coverage of
planted species. NCDOT replanted the site in May 2002 due to lack of vegetation
survival; however, monitoring in August 2002 revealed poor vegetative cover. NCDOT is
planning to till and fertilize the site before replanting in 2003. RK&K field reviewed this
site with Mr. Randy Midgett and Mr. Pablo Hernandez, NCDOT Division 1 Resident
Engineers, on January 15, 2003 and again in March 2003. Many bare ground areas
occur throughout the site and Phragmites is establishing along the western portion of the
site. Photos of this mitigation site are included below.
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In its application for the CAMA permit, NCDOT agrees to conduct pre- and post-
construction SAV surveys as well as develop a monitoring program and to compensate
for any SAV losses. In addition to the post-construction survey, the CAMA modification,
dated September 23, 1998, requires an agency meeting to determine mitigation within
three months following bridge completion. A report for NCDOT by Langley and
McDonald, P.C., dated December 1997, documents the pre-construction coverage of
SAV on the eastern and western approaches of the proposed bridge as well as coverage
on an established control site located south of the western approach. RK&K did not
locate documentation referencing a post-construction SAV survey.
A CAMA modification dated May 1, 2000 requires three years of monitoring
including photos of temporary impacts followed by an agency meeting and mitigation if
necessary. RK&K field-reviewed temporary impact areas with Mr. Midgett and Mr.
Hernandez on January 15, 2003. The temporary impact area associated with the work
trestle located along the northwest bridge approach appeared to be graded to wetland
elevation. As completion of this project occurred in 2002, it is too early to determine if
these areas are reattaining jurisdictional status. Photographs of impact areas located in
the northwestern bridge quadrant taken in March 2003 are included below.
•
"` 11 fi
•
111
R-2551 (3/10/03): Looking east at temporary impact areas that have been regraded
(located along northwest approach to bridge-Manns Harbor). Completed grading to
wetland elevation in October of 2002.
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'mow ^1.;lip. ."- •} .a I
1it
• % •
.. vim. .
R-2551 (3/10/03): Looking west at temporary impact areas that have been regraded
along the northwest approach to bridge at Manns Harbor.
i... C.4
R-2551 (3/10/03): Eastern portion of White Store Mitigation Site located along old US 64
roadbed. Sawgrass planted, but does not appear to be surviving well. Many bare areas
are present.
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•
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c "t � �a.•�'t D'i,r J S( 1t � �'' 1, o Sl"� '�I�
4 ; � ; L� � !'fir. ,.-
R-2551 (3/10/03): Western portion of White Store Mitigation Site located along old US
64 roadbed. Phragmites is establishing in this area.
Recommendations
RK&K did not locate documentation referencing a post-construction SAV survey.
If this has not been completed, it should be conducted as soon as possible. In addition,
a resource meeting with agency personnel should be established within three months of
the post-construction survey.
RK&K recommends that documentation be obtained of agency agreement with
vegetative monitoring and success criteria utilized for Manteo Bypass Bridge Mitigation
Site (NMFS criteria vs. criteria set forth in initial mitigation plan).
NCDOT should continue to monitor and provide annual monitoring reports of
Mashoes Road Mitigation Site, Manteo Bypass Mitigation Site, Dismal Swamp Mitigation
Site and White's Store Mitigation Site. The COE has requested notification and an
opportunity to attend annual monitoring activities. Remedial actions may be necessary
on the White's Store Site due to the poor establishment of sawgrass and establishing
Phragmites. NCDOT should consult with resource agencies to determine appropriate
remediation for this site.
Annual reports of the impact area associated with the temporary work trestle
(CAMA Permit Modification issued May 1, 2000) should be documented. A meeting to
review temporary impact areas is required in 2005 (three years post-project completion).
As stated in WQC No. 3167 issued November 26, 1997, all temporary impact areas
should be restored in accordance with the finalized DWQ restoration policy.
DWQ documented a payment of $69,375 to WRP in the WQC issued on August
19, 1998. NCDOT should provide documentation of a $61,500 contribution to WRP
provided as compensation for the additional 492 linear feet of stream impacts in order to
15

account for the total 1,047 linear feet of impacts ($130, 875 required) in the Pasquotank
River basin associated with this project.
16

Cathy Brittingham summary of mitigation requirements in permits, 7/11/06
R-2551,Widening of US 64-264 from west of Manns Harbor to SR 1105,
construction of new 4/5 lane facility from SR 1105 to US 64-264/NC 345, including a
•w bridge across the Croatan Sound,Dare County, CAMA Permit No. 7-98
Status . submerged aquatic vegetatio s equire .ents: DCM has not received any
document. 'on from NCDOT th. e submerged : l uatic vegetation - .u' ments of the
CAMA Pe ave been sa •: ied. The CAMA pe :t commitme -view document
prepared by RK:.- date. '/22/03 states: "In order to fu '11 ' 'ration commitments
associated with this .'ect, a post-construction SAV surv- hould be completed and a
meeting conduct-• with : ource agencies no later th. • ree •nths following to
dete ''ne a. , opriate mitiga '•n for impacts, if a. . ' In compl •nce with Conditio
Numbe of the major CA • ,ermit m• : 'cation issued on 3/98,NCD e
ne• . . o c. ry out a post-constructi I • '• entory of submerged aq :tic v=:etation
ring the i t acceptable period (• i gu -September). In complian► with
Condition Num:er 14 of the ma': CAMA p• 't modification i : ed . u 9/23/98,
NCDOT needs to vene a .• • •ting with represe .tives of t' • Division o Coastal
Management,the N it• ife Resources Commission, • 'C Division of . ine
Fisheries,the NC Divi '. • of Water Quality,the US A y .orps of Engineers :
the National Mari • ishe '• Service. This meeti _ will be fo e purposes of
assessing constr tion-relate. ' pacts to SAV : •itat,and to dete •'ne an
appropriate onitoring and mit': .tion stra -• , including scheduling, •ffset the
loss of th'. abitat. In compliance ' ndition Number 14 of the major ►: MA
permi odification issued on 9/23/9: ` . POT needs to carry out any and all
•ation requirements resultin: rom this • • •ting.
Status of surface water mitigation requirements: In a letter dated 9/9/99,EEP accepted
payment from NCDOT for mitigation requirements of 1047 feet of stream.
Status of wetland mitigation requirements: There are 4 wetland mitigation sites for this
project: Mashoes Road;Dismal Swamp; White's Store; and Manteo Bypass. In a letter
dated 2/17/06,DCM agreed with NCDOT's recommendation to discontinue monitoring
at the Mashoes Road Mitigation Site. Debits for R-2551 are: 13.1 acres SVM
restoration, 8 acres forest wetlands restoration, 122.9 acres SVM preservation and 76.2
acres forest wetland preservation =220.2 acres. The Dismal Swamp mitigation site was
closed out by DCM through internal memorandums dated 10/27/05, 12/16/05 and 2/3/06.
Debits for R-2551 are 1.5 acres SPH riverine. The Manteo Bypass Bridge mitigation site
was closed out by DCM in a letter dated XX/XX/XX. The entire site is restoration for a
permit violation associated with this project.
According to the NCDOT compensatory mitigation proposal dated 4/7/99: "vegetation
success will have been achieved when, at the end of the monitoring period, 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." In a letter dated 6/13/05,NCDOT
requested that DCM provide documentation stating that no further monitoring is required

and that the site is closed. DCM has communicated internally about this request in
memorandums dated 10/19/05 and 12/16/05. The site is 1.42 acres, however some
portions of the site contain Phragmites. In a letter to DOT dated 5/2/05,DCM said:
"DCM has a zero tolerance policy fgor Phragmites australis in coastal wetland mitigation
sites. DCM does not allow coastal wetland mitigation credit for areas dominate by
Phragmites. The monitoring report states that Phragmites was found in 3 of the 30 plots
monitored in 2004. DCM does not agree that monitoring can be discontinued at this site
unless the unsuccessful portions of the site (Phragmites-dominated) are abandoned and
suitable coastal wetland restoration is found nearby to make up the difference." In a
letter to DOT dated 4/22/04,DCM stated: "The low survival of plantyed sawgrass at the
site and dominance of Echinochloa species suggests that the hydrology of the site is not
favorable for sawgrass...if the hydrology of the site were appropriate for sawgrass,
Echinochloa would not flourish." The CAMA Permit Commitment Review document
prepared by RK&K dated 9/22/03 states: "RK&K field reviewed this site with Randy
Midgett and Mr. Pablo Hernandez,NCDOT Division 1 Resident Engineers, on January
15, 2003 and again in March 2003. Many bare ground areas occur throughout the site
and Phragmites is establishing along the western portion of the site. Photos of this
mitigation site are included below" DCM needs to make a site visit to confirm that
there are at least 0.42 acres of successful sawgrass areas to provide mitigation at a
2:1 ratio for the 0.21 acres of impacts for this project,the only project to be debited
from this site to date. If there is a plan to transfer any excess mitigation credits
from this site to the EEP, then DCM and DOT need to let EEP know how much of
the site is considered successful.
Status of temporary impact monitoring requirements:
The new CAMA permit 7-98 issued by DCM on 1/20/9: ontains a permit condition that:
"The .C. Division of Water quality has authorized t - proposed project Water Quality
Certifica '•n No. 3167 (DWQ Project No. 970856), hich was issued on 11/26/97. Any
violation of enditions of this certification will b- considered a violation of this CAMA
permit." The ` ^ er Quality Certification issu; : on 11/26/97 contains the following
condition: "Up to .69 acres of temporary f in wetlands will be required to build haul
roads. All temporary fi • aterial must b:removed from construction access areas. On
May 27, 1997,DWQ submi : • a draft -storation policy for temporary impact areas to •
DOT. We anticipate sending thi ,• 'cy to Public Notice before the end of November
1997 and finalizing it prior to cons 'on of this project. Restoration of temporary
impact areas shall be conducted ' accord. - e with the final version of this policy." The
major modification of CAMA •ermit 7-98 iss .• by DCM on 9/23/98 contains a permit
condition that: "The N.C. vision of Water quali • as authorized the proposed project
Water Quality Certificati• No. 3167 (DWQ Project •. '70856), which was issued on
11/26/97 and modified • 8/19/98. Any violation of condi : i s of this certification will
be considered a violat'en of this CAMA permit." The Water Q . 't Certification issued
on 8/19/98 requires at: "Up to 1.55 acres of temporary fill in wetla : will be required
to build haul roads .nd staging areas. All temporary fill material must be r- oved from
construction acce.s areas. On May 27, 1997,DWQ submitted a draft restoration policy
for temporary i pact areas to DOT. We anticipate sending this policy to Public Notice
before the end of November 1997 and finalizing it prior to construction of this project.

Restoration of temporary impact areas shall be conducted -n accordance with the final
versi• of this policy."
The only •- ific CAMA permit requirement for m• itoring of temporary impacts on th':
project is co ained in the CAMA permit minor •dification issued on 5/1/00. This
minor modific. ion authorizes: (1)pile jetting ., d cleanup at 19 bent locations in
jurisdictional are. ; (2)extension of the curre tly permitted Tee road by 60 feet; (3
construction of a te••porary floating dock a oad-out trestle bent number four; . . (4)
construction of four s -el mooring piles a Dent thirteen of the load-out trestle, i'stallation
of H-beams for stabiliza 'on at load-ou estle bents 6, 8, 10, 11, 12 and 13, .. d
installation of two steel cy ' der pile at load-out trestle bent number 10."
Permit condition No. 4 of the , or modification issued on 5/1/00 req res that: "Due to
the possibility that activities au o:zed under this permit modificati• might prevent the
temporary wetland impact ar-: from e-attaining wetland jurisdict'.nal status, the
permittee shall provide an . nual upda - on the wetland areas to- porarily impacted by
this project. This annual pdate will con-'st of photographs p .vided during the agency
monitoring report meeti g and a brief repo . on the progress •f these temporarily
impacted areas in re-a aining wetland jurisdi ional statu Three years after project
completion,the pe • ttee shall schedule an age y fiel• eeting with DCM,the NC
Division of Water I uality and the NC Wildlife R:.o ces Commission to determine if
the wetland area. temporarily impacted by this proj: t have re-attained jurisdictional
wetland status If at the end of 3 years the wetlan. are: temporarily impacted by this
project have of re-attained jurisdictional wed. • status, C DOT and the above lis -d
agencies s• . 1 determine whether a compensa •ry wetland a 'ligation will be requi--d."
A subs,quent CAMA permit minor modi cation issued on 8/1. 00 authorize the use of
a lar: suction device to vacuum the m.. h soil resulting from pi - jetting . tivities.
Th- CAMA permit commitment re ew document prepared by RK& dated 9/22/03
states: "RK&K field-reviewed to- porary impact areas with Mr. •g- t and Mr.
Hernandez on January 15, 2003 The temporary impact area ass.- ated 'th the work
trestle located along the fort • est bridge approach appeared t• •- graded t• wetland
elevation. As completion • 'this project occurred in 2002, it 's too early to de -rmine if
these areas are reattainin,jurisdictional status. Photograp• of impact areas 1. ,ted in
the northwestern bridg- quadrant taken in March 2003 . - included below."
The CAMA permi ommitment review document p. epared by RK&K dated 9/22/03
states: "NCDOT should continue annual monito ' g at established mitigation sites as
well as at temp•rary impact areas....an agency • eeting should be scheduled in 2005
(three years ,ost-construction)to review the : atus of temporary impact areas. As stated
in WQC •. 3167 issued November 1997 all temporary impact areas should be restored
in accor► . ce with the finalized DWQ • storation policy."
DC has not received any annu. updates from NCDOT on the wetland areas
tem i rarily impacted by this pr.ject. The CAMA Permits with Temporary Impact

Monitoring C 1 dition prepared by NCDO ' da • • • 0/05 states: "This pr• ect is
comp e r- • • • an interagency inspection i- r:: ested to determine comp ':nce of the
temporary , pa +ndition of the pe• • t." However,the NCDOT 4 I/05 report
does not •rovide any da . . o t• tus of the wetland areas to •orarily impacted
by this •roject. DCM agree a . • interagency inspection is • 'ed. However,
DOT first needs to prov'i e DC► with a •date on the wetl:. d areas temporarily
imp•cted by this pr• 'ect in . cordance with : •dition No. 8 of the new CAMA
p• mit issued o• /20/98 . d Condition No.4 of the • ►i • permit minor
odificatio• ssued on 1/00,and taking into account e chan• • ' emporary
impac esulting fro, the CAMA permit minor m i •' 'cation issued on 8/16/00.
NC ! I T is hereby •quested to submit the above r• erenced report as soon as
ossible.
Water Quality Certification 3167 issued 11/26/97
3) Post-construction monitoring of Submerged Aquatic Wetland communities shall
be conducted in accordance with techniques discussed in the EA/FONSI and
permit application is mitigation is determined to be required. DWQ shall be
involved in the negotiation of the mitigation plan.
8) Up to 1.99 ac of temporary fill in wetlands will be required to build haul roads. All
temporary fill material must be removed from construction access areas. On May 27,
1997,DWQ submitted a draft restoration policy for temporary impact areas to NCDOT.
We anticipate sending this policy to Public Notice before the end of November 1997 and
finalizing it prior to construction for this project. Restoration of temporary impact areas
shall be conducted in accordance with the final version of this policy.
New permit issued 1/20/98
DOT letter dated 12/18/97: "For every acre of impact anticipated,the Department
commits at least 11 acres of mitigation, including at least 1:1 restoration and 10:1
preservation in each of the community categories. The result of this commitment is that
13.10 acres of marsh will be restored and 122.90 acres of existing marsh will be
preserved as mitigation for the anticipated 12.29 acres of marsh impacts; and 8.00 acres
of palustrine forest will be restored and 76.20 acres of palustrine forest will be preserved
as mitigation for the anticipated 7.62 acres of palustrine forest impacts. This will leave
130.96 acres of existing marsh and 30.68 acres of palustrine forests available for any
future actions (i.e. permit modifications) associated with the subject project that could
require supplemental mitigation."
Permit conditions
NOTE: The proposed project will impact a total of+/- 12.29 acres of coastal
marsh and+/- 7.62 acres of palustrine forest.
12) The permittee shall enact in its entirety the mitigation plan outlined in the
document Mitigation Proposal, Mashoes Road Mitigation Site (October 1997)

13) Monitoring of the mitigation site shall continue for a length of five(5)years
following completion of planting.
14) A post-construction inventory of submerged aquatic vegetation (SAV), similar to
the study outlined in the October 29, 1997 submerged aquatic vegetation study
(prepared by Langley and McDonald,P.C.), shall be carried out during the first
acceptable period (August-September) immediately following completion of the
bridge construction phase of this project.
15) Within three months following completion of the SAV study described in
Condition 14 above, the permittee shall convene a meeting with representatives
of the Division of Coastal Management, the NC Wildlife Resources Commission,
the NC Division of Marine Fisheries, the NC Division of Water Quality,the US
Army Corps of Engineers and the National Marine Fisheries Service. This
meeting will be for the purposes of assessing construction-related impacts to
SAV habitat, and to determine an appropriate monitoring and mitigation strategy,
including scheduling, to offset the loss of this habitat. The permittee shall carry
out any and all mitigation requirements resulting from this meeting.
18) The N.C. Division of Water quality has authorized the proposed project Water
Quality Certification No. 3167 (DWQ Project No. 970856),which was issued on
11/26/97. Any violation of conditions of this certification will be considered a
violation of this CAMA permit.
According to the field investigation report for the new permit,mitigation credits from
Mashoes Road Mitigation site include 8.73 acres from Coastal Wetland restoration, 33.85
Coastal Wetland preservation, 5.33 from forested wetland restoration, 14.25 from
forested wetland preservation, and 1.71 from preservation from other habitats, for a total
of 63.87 acres.
According to the field investigation report, the wetland mitigation is at a ratio of 3:1 for
Palustrine Wetland losses.
According to the field investigation report,temporary loss of 1.88 acres of Palustrine
wetlands will be restored upon completion of the project and require strict monitoring.
According to the field investigation report, additional losses can be anticipated in coastal
wetlands from damage caused during construction and removal of temporary work
bridge. While this area is to be restored, strict monitoring will be necessary to prevent
erosion or permanent losses.
The NCDOT permit application cover letter dated 10/9/97 states: "The 12.29 acres of
estuarine mash impacts shall be mitigated at the MRMS by restoring at least 12.29 acres
of disturbed land to an estuarine marsh community."
The NCDOT permit application cover letter dated 10/9/97 states regarding Submerged
Aquatic Wetland: "The Department is committed to providing reliable data on this
population that will be useful in determination of losses due to construction and/or
shading from the new bridge spans. The Department agrees:

a. to conduct a definitive underwater survey to map the population, including
measuring population density and species composition, prior to construction
(Summer 1997)to establish a pre-construction community profile. Note: this
work has been completed; reports are due in October.
b. To conduct post-construction monitoring to ascertain losses, if any, that may
result from construction activities including impacts from vertical bridge supports
and from sunken work barges and temporary bridge.
c. To negotiate a reasonable monitoring program that is intended to elucidate a
correlation between actual population declines (if any occur) and the juxtaposition
with the new bridge,based upon an hypothesized shade-effect.
The Department further agrees to provide compensation for losses to SAVs confirmed
from the investigative approach outlined above,the amount and nature of the
compensation to be determined through multi-agency discussions."
USACE Permit issued March 4, 1998,Action ID No. 199502334
Authorizes fill into 13.22 acres of jurisdictional wetlands, mechanized land clearing of
3.85 acres of jurisdictional wetlands, draining of 2.79 acres of jurisdictional wetlands and
fill materials into 0.05 acres of open waters.
Special Condition e states: "The mitigation work for marsh and non-riverine bottomland
hardwoods wetlands will be undertaken at the Mashoes Road Mitigation Site (MRMS)
pursuant to the plan entitled `Mitigation Plan,Mashoes Road Mitigation Site,Dare
County, State Project No. 8T051401,TIP Project No. R-2551', dated October 1997, and
pursuant to the additional commitments and additions in the correspondence dated
December 18, 1997, from Mr. H. Franklin Vick(NCDOT)to Mr. Mike Bell (RG-W).
The permittee shall incorporate the December 18, 1997, commitments into the final
mitigation plan and provide this final plan to the Wilmington District, Corps of
Engineers,no more than 30 days after the issuance date of this permit. The MRMS
construction will begin no later than 90 days after construction activity in the wetlands
portion of the permitted highway project commences. The construction and monitoring
of the mitigation site will run concurrently with the construction of the highway project.
The MRMS will be constructed and implemented to the extent necessary to restore 8.0
acres of previously affected palustrine forested wetlands, preserve 76.20 acres of
palustrine forested wetlands,restore 13.10 acres of previously affected estuarine marsh
wetlands, and preserve 122.90 acres of estuarine marsh wetlands, to the satisfaction of the
Corps of Engineers. Any deviation from the mitigation site construction schedule must
be approved by the Wilmington District, U.S. Army Corps of Engineers, Regulatory
Division."
Special condition i states: "The mitigation work will also be undertaken at the Dismal
Swamp Mitigation Site (DSMS)pursuant to the plan entitled, `Compensatory Mitigation
Plan, N.C. Department of Transportation,US 17 Widening,Edenton to Hertford,Traffic
Improvement Project(TIP): R-2208A, Chowan and Perquimans counties, North
Carolina", dated April 24, 1995, and will be commenced immediately, and implemented
concurrently with all phases of construction activities authorized by this permit,to the

extent necessary to construct, monitor and maintain 1.5 acres of riverine wetlands to the
satisfaction of the Corps of Engineers. Any deviation from the mitigation site
construction schedule must be approved by the Wilmington District, United States Army
Corps of Engineers, Regulatory Division."
Special condition p states: "The temporary haul road impacts shall not exceed 1.98 acres
and clearing, not grubbing, shall be the method of vegetation removal ...."
Special condition q states: "All fill and fabric associated with the temporary haul road
shall be removed within 30 days of the completion of the project. All areas impacted by
the temporary fill shall be restored to preconstruction elevations and contours."
Special condition r states: "The wetland sites impacted by temporary haul roads shall be
monitored to insure that native vegetation is colonizing. If the site has not achieved 80%
areal coverage of native vegetation within one year of the date the fill material is
removed,the applicant will plant the site with a mixture of species deemed appropriate
by the Corps of Engineers."
Special Condition bb states: "The permittee will conduct surveys for Submerged Aquatic
Vegetation (SAV)prior to the initiation of construction activities in the Croatan Sound.
The surveys shall include a definitive underwater survey to map SAV popultions at the
bridging section of the project. This underwater survey will include measuring
population density and species composition to establish a pre-construction community
profile. The survey methodology will be coordinated with the National Marine Fisheries
Service, the US Fish And Wildlife Service, and the North Carolina Coastal Resources
Commission."
Special Condition cc states: "Within three months following completion of the SAV
,44
study described in Condition (bb)above,the permittee shall convene a meeting with
representatives of the NC Division of Coastal Management, NC Wildlife Resources
Commission, NC Division of Marine Fisheries,NC Division of Water Quality, US Army
Corps of Engineers, US Fish and Wildlife Service and the National Marine Fisheries
Service. This meeting will be for the purpose of assessing construction-related impacts to
SAV habitat, and to determine an appropriate monitoring and mitigation strategy,
including scheduling,to offset the loss of this habitat. The permittee shall carry out any
and all mitigation requirements imposed by the Corps of engineers resulting from this
meeting."
DWQ Water Quality Certification modification dated 8/19/98
6) Mitigation for wetland impacts shall be implemented at the MRMS and Dismal
Swamp Mitigation Site (DSMS) as proposed in your permit application and the plans
approved for these two sites. For accounting purposes,this Certification authorizes
the fill of 11.33 acres of riparian wetlands and 7.47 ac of non-riparian wetlands in the
Pasquotank River and subbasin and 11.33 ac of riparian restoration at MRMS are
required. You have also committed to debiting 1.5 ac of riparian restoration at DSMS

to further compensate for impacts to 0.75 ac of riparian wetlands at Site 10. The 7.47
ac of non-riparian wetland impact shall be mitigated at MRMS.
7) We understand that you have chosen to contribute to the Wetland Restoration
Program(WRP)in order to compensate for impacts to naturalized canals. In
accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H .0506 (h). 555 feet of stream
restoration were required in accordance with the 401 WQC issued November 26,
1997. In accordance with your modification request of July 8, 1998, an additional
492 feet of stream restoration will be required for a total of 1047 feet...
8) Up to 1.55 acres of temporary fill in wetlands will be required to build haul roads and
staging areas. All temporary fill material must be removed from construction access
areas. On May 27, 1997, DWQ submitted a draft restoration policy for temporary
impact areas to DOT. We anticipate sending this policy to Public Notice before the
end of November 1997 and finalizing it prior to construction of this project.
Restoration of temporary impact areas shall be conducted in accordance with the final
version of this policy.
CAMA major permit modification issued 9/23/98
According to the Field Investigation Report dated 8/25/98,temporary impacts due to fill
are 0.30 acres to Section 404 wetlands. There are additional temporary impacts due to
shading to public trust area,estuarine waters, estuarine shoreline and coastal wetland.
NOTE: The proposed project will impact a total of+/- 9.51 acres of coastal marsh
and+/- 9.14 acres of 404 wetlands.
Same mitigation conditions as the new permit issued on 1/20/98
The mitigation ratios for this project are clearly described in the mitigation plan.
According to the CAMA permit major modification issued on 9/23/98, the total wetland
impacts are 18.65 acres (9.51 acres coastal marsh and 9.14 acres 404 wetlands).
According to the mitigation plan, the total wetland impacts are 19.91 acres (12.29 acres
coastal marsh and 7.62 acres forested wetlands). The mitigation site debits are based on
the estimate of wetland impacts in the mitigation plan, not the CAMA permit. This
seems acceptable because the authorized impacts are less than the mitigation plan. It
must also be assumed that some of the coastal marsh restoration is mitigating for 404
wetland impacts to meet DWQ's requirement for 1:1 vegetative restoration.
USACE permit modification issued 9/24/98
"...since the replacement channel, which was to compensate for open water impacts
caused by the project impact on the existing channel,will not be constructed,NCDOT
proposes to compensate for these open water impacts by utilizing the North Carolina
Wetland Restoration Program (WRP). The NCDOT proposes to offset this open water
habitat loss by payment of$61,500 (492 linear feet x $125 per linear foot) into the
WRP."

•
"...I have concluded that, after the temporary fills have been restored, the proposed
modification would result in an overall wetland savings of 1.12 acres. Accordingly,I do
not concur with the NMFS request and have decided not to require additional mitigation."
Special condition jj: "The wetland sites impacted by temporary construction staging area
shall be monitored to insure that native vegetation is colonizing. If the site has not
achieved 80% areal coverage of native vegetation within one year of the date the fill
material is removed,the applicant will plant the site with a mixture of species deemed
appropriate by the Corps of Engineers."
USACE Permit modification issued 2/26/99
Authorizes NCDOT to "delay planting one year to allow NCDOT two additional
opportunities (spring 1999 and fall 1999)to eliminate the Phragmites australis on the site
prior to planting the site with marsh grass. This delay would also allow the wet, mucky
previous pit area time to dry and stabilize. The entire marsh area would have to be
planted during spring 2000."
USACE Permit modification issued 5/14/99
Authorizes fill of 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.....
Special condition 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 ac of riverine marsh wetlands to the satisfaction of
the COE. '
Special condition ss. Phragmites(Phragmites australis)will be killed or removed from
the restoration area. The annual monitoring report will address all Phragmites removal
activities.
USACE Permit violation issued 5/17/99
"Unauthorized spoil material generated from NCDOT's construction work associated
with the Manteo Bypass project was actively being placed within wetlands at the Tillet
Borrow and Waste Site....The contractor has been ordered to immediately restore pre-
project wetland elevations and contours to the effected areas."
Permit Conditions,minor modification issued 5/20/99.
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), and the construction of a+/- 1.4 acres 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.

According to the application letter for this minor modification dated 4/7/99, the surface
water collection system will result in an additional 0.21 acres of wetland impacts. The
"White's Store" mitigation site is intended to compensate for these additional impacts.
Cease and desist order issued by USACE on 8/6/99 and Permit violation on TIP No.
R-2551A (CAMA Permit No.7-98, CAMA Violation No. 99-24A),issued on 8/12/99.
The USACE cease and desist order states: "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."
DCM issued a Notice of Violation on 8/12/99 (#99-24A)for unauthorized impacts to
12,000 square feet (0.275 acres) of coastal wetlands. The NOV 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. In a letter dated XX/XX/XX, DCM agreed to close out
the Manteo Bypass Bridge Mitigation Site.
Permit Conditions,minor modification issued 5/1/00
Authorizes: (1)pile jetting and cleanup at 19 bent locations in jurisdictional areas; (2)
extension of the currently permitted Tee road by 60 feet; (3)construction of a temporary
floating dock at load-out trestle bent number four; and(4)construction of four steel
mooring piles at bent thirteen of the load-out trestle, installation of H-beams for
stabilization at load-out trestle bents 6, 8, 10, 11, 12 and 13, and installation of two steel
cylinder piles at load-out trestle bent number 10."
2) In accordance with the permittee's letter dated 4/24/00, spoil material associated with
jetting operations in jurisdictional areas will be removed from both coastal and
freshwater wetlands by using a crane fitted with a clamshell bucket from the existing
temporary work trestle. This will require that the temporary work trestle be extended
all the way to high ground. Mats will not be used and tracked or wheeled equipment
will not be operated in any jurisdictional areas.

3) In removing the spoil associated with the jetting operation, the permittee shall use
extreme care to ensure that the temporarily impacted areas are returned to pre-project
contours and elevations.
4) Due to the possibility that activities authorized under this permit modification might
prevent the temporary wetland impact area from re-attaining wetland jurisdictional
status, the permittee shall provide an annual update on the wetland areas temporarily
impacted by this project. This annual update will consist of photographs provided
during the agency monitoring report meeting and a brief report on the progress of
these temporarily impacted areas in re-attaining wetland jurisdictional status. Three
years after project completion, the permittee shall schedule an agency field meeting
with DCM, the NC Division of Water Quality and the NC Wildlife Resources
Commission to determine if the wetland areas temporarily impacted by this project
have re-attained jurisdictional wetland status. If at the end of 3 years the wetland
areas temporarily impacted by this project have not re-attained jurisdictional wetland
status, NC DOT and the above listed agencies shall determine whether a
compensatory wetland mitigation will be required.
USACE permit modification issued 5/11/00
Special condition 2) All fill material discharged into jurisdictional waters of the United
States, including wetlands will be removed in its entirety, with the surrounding
jurisdictional areas being restored to pre-construction contours to the satisfaction of the
appropriate COE representative.
Permit Conditions, minor modification issued 7/19/00.
1) "....This minor modification also authorizes delaying the planting schedule for the
Mashoes Road mitigation site from spring of 2000 to spring of 2001 to allow more time
to control Phragmites australis."
Minor modification issued 8/16/00
Authorizes the use of a large suction device to vacuum the marsh soil resulting from pile
jetting activities. This reduces the temporary impacts that need to be monitored per
condition 4 of the minor modification issued on 5/1/00 because the modification issued
on 5/1/00 authorizes removal of spoil material associated with jetting operations by using
a crane fitted with a clamshell bucket.
't conditions minor modification issued 6/5/01 TIP NCI 003, Roanoke
Island Visi nter.
In a letter dated 2/17/06, DCM agree CDOT's recommendation to discontinue
monitoring at the Mashoes Roa itigation Site. e -4003 are: 1.36 acres
forest wetland preservati .
3) "....The ittee must restore any wetlands, waters or uplands that are impacted
within th -foot buffer by the work as described in Condition No. 2 of this permit to
thei re-project conditions."

i
NOTE: The wetlan. eforestation pl. . ' g i wetland areas east of the new
Croatan Sound 'ridge c ently under cc .struction as desc '•-d in the
2/23/01 application er for this project is he -by authori - •.
On 3/6/02,DCM receive• . copy of a let -r to David Frankli B ith formation about
authorized mech. •'zed clearing of 0.29 a, es of wet - •s within th- B resery. '. area
oft - Roanok- and Visitor Center Mitigatio' . The letter includes tigation
propos.i • planting and monitoring. I did . . s- - any specific refe - ce to e planting
and s Ito= g of this area in the 200 :u nual mitig. ion mo ' . ng report. 1 M never
r-:Bonded to t' : 3/6/02 letter. H• -.ever, Kelly Willi. ' ggestion to me at the 'me
was that these are por. pacts that will take . •ng ' e to recover. She :_- ted
DOT be required to m• or the plantings for . - entire mom .ring perio. d that the
not get any prese . ion cr- !*t for the are- ow that it is cleare B B• preservation credit
is usually res- ed for areas of : - •uality. Therefore, I r-• • ; d that DOT debit
addition. preservation credits •m t ashoes Roa. tigation Site • compensate for
the 1 • acres of preserv. '.n credits that . i • anger available at the Ro; oke Island
sitor Center Miti:. on Site.
Final Authorized permanent impacts requiring mitigation
1047 linear feet stream, DWQ, 8/19/98
9.51 acres coastal marsh and 9.14 acres 404 wetlands = 18.65 acres (DCM, 9/23/98) and
0.21 acres Section 404 wetlands (DCM, 5/20/99)=
9.51 acres coastal marsh and 9.35 acres Section 404 wetlands
Total impacts = 18.86 acres
Final mitigation
13.1 acres SVM restoration Mashoes Road+ 1.4 acres sawgrass marsh restoration Whites
Store = 14.5 acres coastal wetland restoration (Note that the 1.4 acres of sawgrass
marsh restoration has not yet been accepted as successful by DCM as of 7/11/06).
8 acres forest wetlands restoration Mashoes Road+ 1.5 acres SPH riverine restoration
Dismal Swamp=9.5 acres Section 404 wetland restoration
122.9 acres SVM preservation Mashoes Road
76.2 acres forest wetland preservation Mashoes Road
Total restoration = 24 acres (Note that the 1.4 acres of sawgrass marsh restoration
has not yet been accepted as successful by DCM as of 7/11/06).
Total preservation = 199.1 acres

Mitigation rrequirements were met for this project.Debits of 103.8 acres of
preservation for R-2512A,13.3 acres of preservation for R-2512 mod.,and
26.0 acres of preservation for R-2512 mod.were debited from the Company
Swamp in Bertie County.10.9 acres of non-riverine and 8.06 acres of
riverine wetlands were debited from the Dismal Swamp Mitigation Site..
Both pre-and post-construction SAV surveys were performed and submitted
to the DCM for review.The SAV survey showed an impact on 4 sites for a
1)Pre and post project SAV monitoring mitigation total of 0.494 acre of SAV impact.The NCDOT will propose to fund a SAV
required for any project related loss of SAVs.2) study in the Chowan River Basin to mitigate for the impacts to SAVs from
Temp.wetland impacts must be monitored for 1 this project.The proposal for this study will receive prior approval from the
year and if area has not re-attained jurisdictional No info in file that work has been done.For 3) DCM.Temp.impacts have been addressed in a separate document titled
status,a compensatory mitigation plan may be no info in file that mitigation efforts have been "CAMA Permits with Temporary Impact Monitoring Condition."Debit
needed.3)Mitigation to be done in accordance completed,but believe that on site effort has Ledgers for the Company Swamp in Bertie Count and the Dismal Swamp
US 17 Bridge, with COE permit(18.6 acres total,5 acres been completed.1-3 years of monitoring Mitigation Site are attached.Also attached are sections from the SAV
R-2512 88-96 Chowan Chowan River 1/3 restoration on site,rest at mitigation banks). expected. surveys.
Per Jason Elliot,project completed in 1998;no info on mitigation of the 0.66
acres of swamp forest impact.Proposal to the DCM to offer restoration of
Prior to completion of project,DOT must develop 1.98 acres(3:1)of riverine wetlands within the same CU as the project.The
NC 11/NC 53, a plan to offset 0.66 acres of swamp forest NCDOT will request the EEP to accept this restoration to comply with the
B-2919 114-96 Pender/Bladen Black River 3/1,6/3 impact. No info in file that work has been done. CAMA Permit.
Per Jason Elliot,remedial work completed in 2002 on the Deer Creek
Mitigation Site.Site doing very well;continued monitoring;only 2 more
Deer Creek mitigation site has been years required;proposed 2006 close-out.3.32 acres of tidal marsh impacts
constructed,but remedial actions are required on this project.2.64 acres to be taken from Deer Creek Mitigation Site and
R-2105 A Prior to project completion,a mitigation plan must and underway.At least 5 years of additional 0.68 acre taken from the Bogue Sound/Weeks Site.Debit Ledgers for the
&B 146-96 Carteret NC 24 2/2 be developed and provided to DCM for approval. monitoring will be required. Deer Creek and Bogue Sound Site attached.
Mitigation plan has been approved.USMC Per Jason Elliot,remedial work at the USMC site was completed in 2002;
Prior to initiation of construction,a final marsh mitigation site is undergoing remedial monitoring underway;2 more years of monitoring.Stream mitigation was
Jacksonville compensatory mitigation plan shall be submitted actions.At least another 5 years of additional through the EEP.EEP Letter and monitoring reports for the USMC and
U-2107 77-97 Onslow Bypass _3/1 and approved by DCM/COE. monitoring will be required. Haws Run Mitigation Sites are attached.
DOT to grade 125x75 ft area to adjacent marsh —elevation,and monitor for 2 years to see if natural
vegetation is taking place-if it is not,DOT would
Bridge 70,Smith have to plant the area.Monitoring reports to be Restoration addressed in separate document titled"CAMA Permits with
101-97 101-97 Beaufort Creek 2/1 provided to DCM. No info in file that work has been done. Temporary Impact Monitoring Condition".
Per Jason Elliot,propose to close out Mashoes this year.Debit ledger for
Dismal Swamp show 1.5 acres of SPH Riverine Wetlands debited(2003
Report).0.128 acre of brackish marsh restoration constructed and in last
year of monitoring.EEP accepted and restored 1047 feet of stream for this
Believe that mitigation site(Mashoes Road project White's store mitigation of 1.4 acres of sawgrass mitigation credit
R-2551&B US 64,Croatan Significant mitigation commitments relating to Site)completed.Monitoring efforts likely to 0.21 acre of impact.White's Store site is proposed for close out this year.
5208 7-98 Dare Sound Bridge 1/1 bridge permit. continue for at least 3 more years. Permit and debit ledgers attached.
Unsure of status of rest area project.On-site
work likely has not been completed.Monitoring
likely to continue for 5 years.NOTE-A portion
of the preservation component of the mitigation Per Jason Elliot,on-site work complete;re-planting in February 2005;first
k-4003(B-7-98 Roanoke Island Additional mitigation,some from Mashoes Road, site accidentally cleared by DOT.Will need to year monitoring underway;Monitoring for 5 years.The NCDOT will request
5208 MOD Dare Visitor Center 1/1 some from Dismal Swamp Bank,some on site. revisit mitigation plan. EEP to accept mitigation for this site using preservation.
I,
STI-OCIVS-

•
•
•
77•97 Onslow Prior to inlrlaliar,of construction,a final . Mitigation plan has been approved. USMC marsh mitigation
Jacksonville Bypass compensatory mitigation plan shall be submitted site Is undergoing remedial actions. Al least another 5 years <_ -7
and approved by DCM/COE. V �'U r
DOT to grade 125 x75'area to adjacent marsh of additional monitoring will ho required.
IUI.9) Beaufortelevation,and monitor for 2 years to see if. ,
Or.70,Smith Creek natural vegetation Is taking place.-II Ills not, No Info In file that work has been done.
DOT would have to plant the area. Monitoring "- ''a c v
re ports to be provided to DCM
�,,T US 64,Croalan Sound I) Significant millgallon commitments relating Believe that mitigation-silo(Mashoos Road Silo)completed.
Bridge to bridge pennil.
_ . Monitoring ellorls likely to continuo for al least 3 more years.
7-98 Roanoke Island Visitor 2).Addilional mitigation,some hornMashoes of been completedf est Monitoringllikelyarea proect. On-site to continue lotk5lyea s
Darework
Center Road,some Irom Dismal Swamp Bank,some NOTE-A portion of the preservation component on site. of the
-- --_ mitigation sire accidently cleared by DOT. Will need to re-
visit mitigation plan.
68.99 Dare/liydo US 264 Purchase 6 credits Irom Scuppernong Rivet No evidence in file that credits have or have not boon _
Mitigation Bank. • Purchased. Assume Thal this has been completed. )
96.99 Tyrrell Virginia Lee Beaclr Purchase 0.6 credits from Scuppernong River No evidence In file that credits have or have not been ?`3 1- R - 3 ` .)(/
�_Road Mitigation Bank.
//
purchased. Assume that this has been completed.
- �' Nvr+.1,1
Temp,wetland impacts must be monitored for 3
111-99 Pender Or.11 NC 1 lrNC53 years,and If area has not re-attained Appears Thal replanting has been conyrleled. Still must _
jurisdictional status,a compensatory mitigation. monitor for 3 years /
- Ilan may be needed. • ��<
1) Temp.weUand Impacts must be monitored
29-00 Beaufort Cuckold Creek US for 3 years,and If area has not re-attained �,�l
264/NC99 jurisdictional status,a compensatory mitigation No Info.In file that monlloring has begun. 1� -To 6
___ plan may be needed.
2) Permll required Ihal teller of commitment be
provided before construction begins and Lefler of commitment received but may need to be revised. 5
mitigation plan be developed and Implemented years of monitoring likely.
�. nton prior to explrallon of permh
46.00 I lydo Scra Creek,Br.29 4)Temp.fill areas to be r follo •
estored wing -�.r
_��_US 264 V project completion. No Info.In file that restoration has been completed. 11�rll '' I(Sy \
2)Temp.wetland Impacts must be monitored• �,
•
y for 3 years,and II area has not re-attained
jurisdictional status,a compensatory mitigation Nb info.In file that monitoring has begun.
• Ian maybe needed.
3) Pre end post project SAV surveys(not for
Appears that pre-project survey has been done. No news on
rnlligallon purposes,but to learn for future
projects) post-project survey(assuming project has been completed).
•
52 00 Mitigation plan must be accepted by DCM prior ng approved. Aleasl5 `�
Carleret/Onslow NC 24 widening to completion of the AA seceon of NC 24 Mitigation proposal la close to be /� /t
n
widening. years of monitoring expected
•
iicz
r" Onslow Bridges 18 and 19 over DOT requlrsd to regrade end reforest old
NE Creek approaches slier new bridgep completed. No ' Project appeared to be lel In mid 2001. Unsure of status of 2 Z/ 5
re orliniequired In pennil. project or reloreslalion efforts. 5
J
.1.-

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Am:
DIVISION OF WATER QUALITY
�
NCDENR
RECEIPT
September 9, 1999
JAMES B.HUNT JR.
GOVERNOR
WAYNE.MCDEVITT Dr. Charles Bruton
SECRETARY North Carolina Department of Transportation
it, > £ Planning and Environmental Analysis Branch
ti r.0 Post Office Box 25201
‘`:‘' < 4 I r - Raleigh, North Carolina 27611-5201
Subject: TIP#: R-2551
COE Permit #: 199502334
:r;: DWQ #: 970856
i- s ,, County: Pasquotank
; r it!! The Wetlands Restoration Program received check number 459374 on
40/
-�- ` `�# September 7, 1999 which includes $130,875.00 as payment for the
s compensatory mitigation requirements of the 401 Water Quality Certification
mry issued for the subject project. This receipt serves as notification that the
. � compensatory mitigation requirements for this project have been satisfied.
Please note that you must also comply with all other conditions of this
'' certification and any other state, federal or local government permits or
1. i '- authorization associated with this activity.
¢ f. Allir If you have any questions concerning this matter, please contact Ron Ferrell
at [phone].
:-: ;�;.:r- _,. Sincerely,
,.....„-z.- -• /2.° V4 ------
~ x ._ Ronald E. Ferrell
Program Manager
-*"`" .,, REF/cvb
.go.,... cc: John Dorney
"' File
6 IA
# P.O. Box 29535, RALEIGH, NORTH CAROLINA 27626-0535
' �. , ,� +« PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

•
e DEPARTMENT OF THE ARMY
z WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O.BOX 1890
WILMINGTON,NORTH CAROUNA 28402-1890
December 24, 1996
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199502334
Mr. H. Franklin Vick, Manager
Planning and Environmental Branch
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
This correspondence is in response to your letter of November 6, 1996,
regarding the North Carolina Department of Transportation's (NCDOT) proposed
compensatory mitigation strategy for the Manteo Bypass project, TIP Number R-
2551, State Project Number 8.T051401, in Dare County, North Carolina. This
correspondence also confirms your conversation with Messrs. David Lekson and
Mike Bell of my staff regarding this proposal at the December 12, 1996,
NCDOT/Agency meeting in Raleigh.
After reviewing your letter and weighing all factors associated with this
issue, we have determined that utilizing the Ballance Farm site near Moyock in
northern Currituck County to mitigate for impacts associated with the Manteo
Bypass project in Dare County is not appropriate. We feel that practicable
alternatives exist within the immediate vicinity to the Manteo Bypass project.
In particular, the Mashoes Road site could satisfy the compensatory mitigation
requirements of this project. This site has much potential due to 1) it's
proximity to the Alligator River National Wildlife Refuge, 2) the opportunity
for truly onsite, in-kind salt marsh restoration, 3) the opportunity to
restore degraded adjacent upland areas and/or create coastal marsh wetlands,
and 4) the potential to preserve high quality coastal wetlands.
There are many reasons why work at the Ballance Farm does not represent
acceptable compensatory mitigation for this project. Even though the Ballance
Farm is included within Cataloging Unit 03010205, there are vast
hydrogeomorphologic differences between areas north of the Albemarle Sound and
areas south of the sound. Consequently, we have divided this cataloging unit
through the middle of the Albemarle Sound and have already implemented this
with other private sector projects.
The fact that Sawgrass (Cladiuln jamaicense) exists at both sites does not
automatically justify the use of the Ballance Farm. Wetlands to be impacted
by the Manteo Bypass project are located adjacent to the Croatan Sound in Dare
County and are influenced by lunar and wind tides. They are comprised of
coastal salt marsh and coastal palustrine forest and scrub-shrub ecosystems.
The Ballance Farm site is located in northern Currituck County adjacent to
Tulls Creek, a fresh water system.
vfijr B
. `;tiff

•
-2-
Wetland creation and restoration are proposed within prior converted cropland
that is underlain by soils typically found on poorly drained, broad flats.
The differences in the salinity regime, soils, landscape position and adjacent
habitat make it unlikely that work undertaken at the Ballance Farm will offset
those functions lost as a result of the Manteo Bypass project.
Additionally, there are several other NCDOT mitigation projects in the
Manns Harbor/Manteo vicinity that have either failed and require
reconstruction or relocation, or have problems that require implementation of
contingency measures. There may be an opportunity to debit these projects
from the Mashoes Road site. The additional expenses associated with
remediation at these mitigation sites, thereby bringing the projects into
compliance with their respective permits, should be factored into your
assessment regarding the cost of purchasing the Mashoes Road property.
On October 22, 1996, Messrs. Lekson and Bell met with Messrs. Randy
Turner and David Schiller of your staff at the Mashoes Road site. Also
present at this'meeting was Mr. Dennis Hawthorn, Division of Coastal
Management. We feel there was a good discussion regarding the suitability of
this site for use with the Manteo Bypass Project and welcome additional
dialogue on the subject.
Please be reminded, the Corps of Engineers cannot make binding
commitments regarding the use of a mitigation site for any project until a
complete application has been received and the statutory requirements of the
permit review process have been fulfilled.
Thank you for your time and cooperation. Should you have any questions,
you may contact Mr. Bell at our Washington Regulatory Field Office, telephone
(919) 975-1616, ext 26.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
✓--" John Parker
Division of Coastal Management
N.C. Department ofEnvironment, Health
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

-3-
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. John Dorney
N.C. Department of Environment,
Health, and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Richard Watts
Division of Coastal Management
N.C. Department of Environment,
Health, and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Dr. Larry R. Goode
State Highway Administrator
N.C. Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Mr. David Cox
N.C. Wildlife Resources Commission
Post Office Box 118
Northside, North Carolina 27564
Mr. Nicholas Graf
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601