NCDOT 7-98 R-2551 Temporary Impacts

Brittingham, Cathy
From: Brittingham, Cathy
Sent: Thursday, April 16, 2009 10:45 AM
To: '[e-mail]'; '[e-mail]'; '[e-mail]'
Cc: 'Riddick, Thomas L'
Subject: CAMA Permit No. 7-98 temporary impact monitoring
RE: 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
Hello,
This e-mail is to document that on 4/7/09, DCM and NCDOT conducted a site visit of the temporarily impacted
areas for the above referenced project. DCM and NCDOT determined that the temporarily impacted areas have
reattained jurisdictional wetland status. Therefore, DCM now considers this outstanding permit issue to be
resolved.
As discussed at the 2/23/09 DCM-NCDOT meeting in Morehead City,DCM looks forward to continuing to
work with NCDOT to bring the unresolved permit issue related to submerged aquatic vegetation requirements
for the above referenced project to a positive resolution.
Sincerely,
Cathy Brittingham
Cathy Brittingham
Transportation Project Coordinator
N.C. Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
[phone] x238 telephone
[phone] FAX
[e-mail] **NEW**
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

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3\-04.-c
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE EUGENE A.CONTI,JR.
GOVERNOR ECRETARY
April 15, 2009slim
Mr.Doug Huggett APR ����
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City,N.C. 27909 Morehead City DCM
Subject: CAMA Commitment Review(R-2551,Permit#7-98)
Unresolved Project
Dear Mr.Huggett,
On behalf of the North Carolina Department of Transportation(NCDOT),I want to thank you
and all Division of Coastal Management(DCM)staff who met with us to discuss unresolved
issues regarding NCDOT CAMA Permit commitments.This letter is written to confirm the
"Unresolved Projects,R-2551,Permit#7-98"issue agreed upon during the meeting held in the
DCM Morehead City office on February 23,2009.
It was agreed that NCDOT will perform a site inspection during the 2009 growing season to
determine if coastal wetland vegetation has re-established in the area,and a progress report will
be forwarded to the DCM upon completion.Lindsey Riddick reviewed the Permit Modification
issued 5/1/00 and conducted a site inspection with DCM on April 7,2009. Attached is an e-mail
from the DCM Elizabeth City District Office confirming that the temporary impacts have been
restored.
Again,thank you for your assistance in bringing these outstanding permit issues to a positive
resolution.
Sincerely,
t'!•() (J '
�,
Gregory J.Thorpe,PhD,Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
cc: Phil Harris,P.E.,NCDOT -
Jim Gregson,NCDENR/DCM "` J
Ted Tyndall,NCDENR/DCM
Cathy Brittingham,NCDENR/DCM pI of " 2 2 2009
co
RALEIGH vAGEMENT

Page 1 of 1
Riddick, Thomas L
From: Brittingham, Cathy
Sent: Wednesday, April 15, 2009 9:22 AM
To: Riddick, Thomas L
Cc: Hoadley, Jim
Subject: FW: major permit 7-98
Hi Lindsey,
Here is Jim's e-mail.
Cathy
Cathy Brittingham
Transportation Project Coordinator
N.C. Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
[phone] x238 telephone
[phone] FAX
[e-mail] **NEW**
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
From: Hoadley, Jim
Sent: Wednesday, April 08, 2009 1:26 PM
To: Brittingham, Cathy
Subject: major permit 7-98
Cathy,
I met with Lyndsey Riddick at the Virginia Dare bridge and looked at the area that was originally
impacted along side the bridge. After visiting this site I would say that the entire area has re-vegetated
back to the original species and in some areas the vegetation is spreading even under the bridge.
Therefore I would recommend closing the monitoring of this site out.
James W Hoadley,NCDOT Field Representative
Nr-,Division of Coastal Management
ment
1367 US Highway 17 South
Elizabeth City,NC 27909
Phone:[phone] x 237 FAX 252—264—3723
Email:[e-mail]
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
4/15/2009

DOT Comments, October 2005
No comments regarding SAVs.
DC Comments, October 2006
DCM h. not received any documentatio 'rom N 9OT that the submerged a. . is vegetation requirements
of CAMA -rmit No. 7-98 have been :.tisfied. "In co ' 'fiance with Cond. '•n Number 13 of the major
CAMA permit odification issue. en 9/23/98, NCDOT nee is to carry . t a post-construction inv- - ory of
submerged aquati vegetation . .ring the first acceptable period ( -bust-September). In co .ance with
Condition Number 1, of th= major CAMA permit modificatio' i ed on 9/23/98, NCDO ' needs to convene
a meeting with represen . ives of the Division of Coastal ► anageme' , the NC Wild -e Resources
Commission, the N •ivisi• . of Marine Fisheries, th- 1 C Division of ater Q . ity, the US Army Corps
of Engineers and e National .rine Fisheries S- ice. This meeting wil •- or the purposes of assessing
construction-r- ated impacts to SA habitat, . • • to determine an approp..te 'monitoring and mitigation
strategy, in uding scheduling, to offs- t : oss of this habitat. In cod. chance w Condition Number 14 of
the maj..• CAMA permit modification s -don 9/23/98, NCDO eeds to carry ou .ny and all mitigation
requi -ments resulting from this =-ting. D' Q shall be inv. ed in the negotiation o he mitigation plan.
CDOT September 2008 c. ments
"The 2006 notes indica that very little SAVs were •res:.t on the east approach. There were me e SAVs at
the west connection. his project is not under co. truction to .ate. There should be no SAV impac rom
the bridge becaus- ere are none present in t = sound. The adja t canals on Highway 64 are domin. ed
by Milfoil and lligator Weed."
DCM No ember 2008 comments
The 9/ 08 response from NCDO does not appear to satisfy the permit condition elated to SAV impacts
an. -tigation.
Unresolved temporary impact monitoring requirements
CAMA permit application and Field Investigation Report
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.
CAMA Permit, 1998
The new CAMA permit 7-98 issued by DCM on 1/20/98 contains a permit condition that: "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." The Water Quality Certification issued on 11/26/97 contains
the following condition: "Up to 1.99 acres 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 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."
The major modification of CAMA permit 7-98 issued by DCM on 9/23/98 contains a permit condition that:
"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 and modified on 8/19/98. Any violation of

conditions of this certification will be considered a violation of this CAMA permit." The Water Quality
Certification issued on 8/19/98 requires that: "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."
AMA 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.
USACE permit modification issued 9/24/98
"...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 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."
✓LAMA Permit modification, issued 5/1/00
This minor modification 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."
Permit condition requires that: "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."
Permit condition No. 2 requires that: "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.
Permit condition requires that: "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."
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.
Minor modification issued 6/5/01, TIP No. K-4003, Roanoke Island Visitor Center
3) "....The permittee must restore any wetlands, waters or uplands that are impacted within the 30-foot
buffer by the work as described in Condition No. 2 of this permit to their pre-project conditions."
3/6/02
DCM received a copy of a letter to David Franklin with information about unauthorized mechanized clearing
of 0.29 acres of wetlands within the preservation area of the Roanoke Island Visitor Center Mitigation Site.
RK&K Comments, September 2003
"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."
NCDOT should continue annual monitoring at established mitigation sites as well as at temporary impact
areas....an agency meeting should be scheduled in 2005 (three years post-construction)to review the status
of temporary impact areas. As stated in WQC No. 3167 issued November 1997, all temporary impact areas
should be restored in accordance with the finalized DWQ restoration policy."
DOT Comments, October 2005
"This project is complete and an interagency inspection is requested to determine compliance of the
temporary impact condition of the permit."
DCM comments, October 2006
DCM has not received any annual updates from NCDOT on the wetland areas temporarily impacted by this
project. The NCDOT 4/20/05 report does not provide any data regarding the recovery status of the wetland
areas temporarily impacted by this project. DCM agrees that an interagency inspection is needed. However,
DOT should first provide DCM with an update on the wetland areas temporarily impacted by this project in
accordance with Condition No. 17 of the major CAMA permit modification issued on 9/23/98 and Condition
No. 4 of the CAMA permit minor modification issued on 5/1/00, taking into account the change in the nature
of temporary impacts resulting from the CAMA permit minor modification issued on 8/16/00. NCDOT is
hereby requested to submit the above referenced report as soon as possible.
NCDOT September 2008 comments
"RK&K determined the site to be complete in the document dated 9/22/2003. The NEU inspected the site in
2005 and included pictures of the revegetation in the review document dated 4/20/2005. At that time the

w 'J 1, •NCDOT requested a site inspection by the NCDCM to determine compliance. To our knowledge this has
not been performed."
DCM November 2008 comments
DCM has not received any annual updates from NCDOT on the wetland areas temporarily impacted by this
project. DCM agrees that an agency field meeting should be scheduled to determine if the wetland areas
temporarily impacted by this project have re-attained jurisdictional wetland status. In accordance with
Condition No. 4 of the CAMA permit minor modification issued on 5/1/00, DWQ and WRC should be
invited to participate in this meeting. Prior to the agency field meeting,DOT should provide DCM with an
update on the wetland areas temporarily impacted by this project in accordance with Condition No. 17 of the
major CAMA permit modification issued on 9/23/98 and Condition No. 4 of the CAMA permit minor
modification issued on 5/1/00, taking into account the change in the nature of temporary impacts resulting
from the CAMA permit minor modification issued on 8/16/00.

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

R-2551
Subject: R-2551
From: "Anderson, Deborah D" <[e-mail]>
Date: Tue, 17 Mar 2009 09:08:38 -0400
To: Cathy Brittingham <[e-mail]>
CC: "Harris, Philip S" <[e-mail]>
Cathy,
We have searched our files as well as the files in the Division 1 Office and cannot find any permit
drawings showing the temporary impacts for this project. Do you have any that we can get copies of? If
not, what do you want to do about this project? It appears to be futile to inspect the site if we don't know
what we are looking for. Let us know ASAP. Thanks.
deborah
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.
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1 of 1 3/18/2009 2:18 PM

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
Unresolved temporary impact monitoring requirements
CAMA Permit modification, issued 5/1/00
This minor modification 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."
Permit condition requires that: "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."
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.
NCDOT September 2008 comments
"RK&K determined the site to be complete in the document dated 9/22/2003. The NEU
inspected the site in 2005 and included pictures of the revegetation in the review document dated
4/20/2005. At that time the NCDOT requested a site inspection by the NCDCM to determine
compliance. To our knowledge this has not been performed."
DOT &DCM meeting on 2/23/09
DOT will check the DCM permit actions to determine the areas where temporary impact
monitoring was required. DOT will then request a field review meeting with DCM Field
Representative Jim Hoadley to survey the temporary impact areas to determine if they have
reattained jurisdictional wetland status or if additional monitoring is required.

DCM Evaluation of NCDOT's
"CAMA Permits with Temporary Impact Monitoring Condition"
DIVISION ONE
1. TIP NO. R-2512,US 17 BRIDGE, CHOWAN RIVER, CHOWAN COU ' , CAMA
P ' IT NO. 88-96
The CAMA '- it Commitment Review document prepared by RK& •ated 9/22/03 states that: "No
temporary impac occurred with this project as the project was co : eted using top-down
construction." How- er, the CAMA Permit Commitment Revi- document prepared by RK&K
dated 9/22/03 also states ..•at: "As stated in the October 23, ' '7 COE permit modification(Permit
No. 199705883) and reitera -• by Mr. Randy Turner,NC P O T Project Management Team Leader, in a
meeting on January 27, 2003, - e were no temporary • pacts associated with this project. Attempts
to restore temporary impacts were uccessful an. • ese impacts were subsequently calculated as
permanent impacts and debited accords : y." F .'hermore,the CAMA Permits with Temporary
Impact Monitoring Condition document pr- ed by NCDOT dated 4/20/05 requests an interagency
inspection to determine compliance of the -mp• ary condition of the permit although an interagency
inspection is not a requirement of this A perm' DOT needs to comply with permit conditions 18
(Permit No. 88-96) and 19 (Permit .. 89-96)by prove•' g DCM with a written statement for the
permit file that reconciles the abo conflicting informatio d certifies: (1)whether there were any
temporary impact areas on this •roject; and(2) if there were te ' .orary impact areas on this project,
then are there any tempor. mpact areas on this project that have •of revegetated and that have not
been previously reclassify as permanent impacts. If there are any te ' .orary impact areas on this
project that have not re egetated, and that have not been previously recla 'feed as permanent impacts,
then DOT needs to .tify DCM and contact DWQ and USACE to determine • itigation requirements.
DCM was not abl. to locate a copy of the above referenced October 23, 1997 ► modification,
therefore NCD• is requested to provide a copy of it to DCM as supporting doc - tation.
This is a 1 year old project. The project was completed in 2000.Both NCDCM and the DOT
could n• find the files requested. Records cannot be found as to whether the restoration was .one. In
the re ew document the NCDOT provided for the NCDCM on 4/20/05,the NCDOT requeste• : site
ins•ection with the NCDCM to determine,if possible,compliance. To our knowledge this site
spection has not been performed.
2. R-2512B ; ' GE OVER PEMBROKE CREEK AND ASSOCIATED IMPROVEMENTS
TO US 17 CA • ' ' IT NO. 89-96 CHOWAN COUNTY.
Same comments as above for CAMA Pe -• . a= : -'•.
This is a 12 year old • ••- . e project was completed in '' '. Both NCDCM and the NCDOT could
not find the - equested. Records cannot be found as to whether • = -storation was done. In the
revie : •cument the NCDOT provided for the NCDCM on 4/20/05,the - : •T requested a site
•- pection with the NCDCM to determine, if possible,compliance.To our knowle• :- is site
inspection has not been performed.
3. R-2551,US 64-264 INCLUDING A NEW BRIDGE ACROSS THE CROATAN SOUND,
DARE COUNTY, CAMA PERMIT NO. 7-98
Page 2 of 7, 10/25/2006

DCM Evaluation of NCDOT's
"CAMA Permits with Temporary Impact Monitoring Condition"
The CAMA permit commitment review document prepared by RK&K dated 9/22/03 states: "RK&K
field-reviewed temporary impact areas with Mr. Midgett and Mr. Hernandez on January 15, 2003. The
temporary impact area associated with the work trestle located along the northwest bridge approach
appeared to be graded to wetland elevation. As completion of this project occurred in 2002, it is too
early to determine if these areas are reattaining jurisdictional status. Photographs of impact areas
located in the northwestern bridge quadrant taken in March 2003 are included below."
The CAMA permit commitment review document prepared by RK&K dated 9/22/03 states: "NCDOT
should continue annual monitoring at established mitigation sites as well as at temporary impact
areas....an agency meeting should be scheduled in 2005 (three years post-construction)to review the
status of temporary impact areas. As stated in WQC No. 3167 issued November 1997, all temporary
impact areas should be restored in accordance with the finalized DWQ restoration policy."
DCM has not received any annual updates from NCDOT on the wetland areas temporarily impacted by
this project. The CAMA Permits with Temporary Impact Monitoring Condition document prepared by
NCDOT dated 4/20/05 states: "This project is complete and an interagency inspection is requested to
determine compliance of the temporary impact condition of the permit." However,the NCDOT
4/20/05 report does not provide any data regarding the recovery status of the wetland areas temporarily
impacted by this project. DCM agrees that an interagency inspection is needed. However, DOT
should first provide DCM with an update on the wetland areas temporarily impacted by this project in
accordance with Condition No. 17 of the major CAMA permit modification issued on 9/23/98 and
Condition No. 4 of the CAMA permit minor modification issued on 5/1/00, taking into account the
change in the nature of temporary impacts resulting from the CAMA permit minor modification issued
on 8/16/00. NCDOT is hereby requested to submit the above referenced report as soon as possible.
pa Of
O� RK&K determined the site to be complete in the document dated 9/22/2003. The NEU inspected the
site in 2005 and included pictures of the revegetation in the review document dated 4/20/2005. At that
I time the NCDOT requested a site inspection by the NCDCM to determine compliance. To our
Te5?3knowledge this has not been performed.
4: B 3193 REPLACEMENT OF BRIDGE NO. 29 OVER SCRANTON ON US 264-NC
451 HYD ' o _ ►TY, CAMA PERMIT NO. 46-00.
DOT sent a letter to DCM dates • 15 requesting s - i M provide documentation stating that no
further monitoring is required and that the ' osed. DCM has exchanged internal memorandums
regarding this question dated 10/19/05 6/05 an. 06. DCM needs to make a site visit to ensure
compliance with condition n .- 15 and 16 prior to agree o closing out the site.
NCDCM has sent . • 'scout letter dated 11/16/2007(attached).NCDOT h. • filled all permit
requirement quired for this project.
5. ' : US 64 FROM PLYMOUTH TO EAST OF 1 • BIA WASHINGTON AND
TYRRELL C I u , _CAMA PERMIT NO . 1-10.
DCM realizes that it has only be- • . 'proximately one - • .'s .roject was completed. DOT
should let DCM know : • we should expect to receive the first annua u a . • = . the progress
Page 3 of 7, 10/25/2006

DCM Evaluation of NCDOT's
"CAMA Permits with Temporary Impact Monitoring Condition"
DIVISION ONE
1. TIP NO. R-2512, US 17 BRIDGE, CHOWAN RIVER, CHOWAN COUNTY, CAA A
T NO. 88-96
The CAMA •-rmit Commitment Review document prepared by RK&K dates ' 22/03 states that: "No
temporary impa occurred with this project as the project was completes s sing top-down
construction." Ho -ver, the CAMA Permit Commitment Review d••sment prepared by RK&K
dated 9/22/03 also state that: "As stated in the October 23, 1997 '•E permit modification(Permit
No. 199705883) and reiter. .-d by Mr. Randy Turner, NCDOT 'roject Management Team Leader, in a
meeting on January 27, 2003, -re were no temporary im . is associated with this project. Attempts
to restore temporary impacts were •successful and the.- impacts were subsequently calculated as
permanent impacts and debited accors i ;ly." Fu ore, the CAMA Permits with Temporary
Impact Monitoring Condition document pr- '• es sy NCDOT dated 4/20/05 requests an interagency
inspection to determine compliance of the to r• o ary condition of the permit although an interagency
inspection is not a requirement of this C • • per • . DOT needs to comply with permit conditions
18 (Permit No. 88-96) and 19 (Perm' o. 89-96) by oviding DCM with a written statement for
the permit file that reconciles the : •ove conflicting in • oration and certifies: (1) whether there
were any temporary impact ar• s on this project; and (2) . there were temporary impact areas
on this project,then are the • any temporary impact areas o his project that have not
revegetated and that hav• not been previously reclassified as pe -•anent impacts. If there are
any temporary impac .reas on this project that have not revegetate: and that have not been
previously reclassi •d as permanent impacts,then DOT needs to notif 1 CM and contact DWQ
and USACE to • -termine mitigation requirements. DCM was not able to . ate a copy of the
above refere• ed October 23, 1997 COE modification,therefore NCDOT is re. ested to provide
a copy of i o DCM as supporting documentation.
2. R 512B,BRIDGE OVER PEMBROKE CREEK AND ASSOCIATED IMPROVE 'ANTS
0 US 17, CAMA PERMIT NO. 89-96, CHOWAN COUNTY.
Same comments as above for CAMA Permit number 88-96.
3. R-2551, US 64-264 INCLUDING A NEW BRIDGE ACROSS THE CROATAN SOUND,
DARE COUNTY, CAMA PERMIT NO. 7-98
The CAMA permit commitment review document prepared by RK&K dated 9/22/03 states: "RK&K
field-reviewed temporary impact areas with Mr. Midgett and Mr. Hernandez on January 15, 2003. The
temporary impact area associated with the work trestle located along the northwest bridge approach
appeared to be graded to wetland elevation. As completion of this project occurred in 2002, it is too
early to determine if these areas are reattaining jurisdictional status. Photographs of impact areas
located in the northwestern bridge quadrant taken in March 2003 are included below."
The CAMA permit commitment review document prepared by RK&K dated 9/22/03 states: "NCDOT
should continue annual monitoring at established mitigation sites as well as at temporary impact
areas....an agency meeting should be scheduled in 2005 (three years post-construction) to review the
status of temporary impact areas. As stated in WQC No. 3167 issued November 1997, all temporary
impact areas should be restored in accordance with the finalized DWQ restoration policy."
Page 2 of 7, 10/25/2006

DCM Evaluation of NCDOT's
"CAMA Permits with Temporary Impact Monitoring Condition"
DCM has not received any annual updates from NCDOT on the wetland areas temporarily impacted by
this project. The CAMA Permits with Temporary Impact Monitoring Condition document prepared by
NCDOT dated 4/20/05 states: "This project is complete and an interagency inspection is requested to
determine compliance of the temporary impact condition of the permit." However, the NCDOT
4/20/05 report does not provide any data regarding the recovery status of the wetland areas temporarily
impacted by this project. DCM agrees that an interagency inspection is needed. However,DOT
should first provide DCM with an update on the wetland areas temporarily impacted by this
project in accordance with Condition No. 17 of the major CAMA permit modification issued on
9/23/98 and Condition No. 4 of the CAMA permit minor modification issued on 5/1/00,taking
into account the change in the nature of temporary impacts resulting from the CAMA permit
minor modification issued on 8/16/00. NCDOT is hereby requested to submit the above
referenced report as soon as possible.
4. B-3193,REPLACEMENT •F BRIDGE NO. 29 OVER SCRANTON CREEK ON US 26,-NC
YDE COUNTY, CAMA P T NO.46-00.
DOT sent a - ter to DCM dated 6/13/05 requests at DCM provide documentation .ting that no
further monitor : is required and that the site is close.. DCM has exchanged inter•al memorandums
regarding this quest• • dated 10/19/05, 12/16/05 and 2/3/0.. 1 CM needs to e a site visit to
ensure compliance with •ndition numbers 15 and 16 prior agreein • closing out the site.
5. R-2548,US 64 FROM PLY 1 UTH TO EAST OF COLU I: • , ASHINGTON AND
TYRRELL COUNTIES, CAMA . ' I T NO. 166-00.
D 1 realizes that it has only been approxi ,tely one ye. mce this project was c. . pleted."DOT
should DCM know when we should expe . to re ve the first annual update . . the progress
of these to : •rarily impacted areas in re-attai g wetland jurisdictional status in cordance
with Condition ' o. 29.
6. B-3435,REPLAC 41 NT OF BR P E NO. 4 ON 1207 OVER ROCKY HOCK C ' EK,
CHOWAN COUNTY, C'V APE ' T NO. 105-02.
DCM received the 2005 annual " o•storing report for this project i 005. DCM agrees with DOT's
recommendation to continue 'egetatio onitoring of the temporaril pacted areas at this site.
DCM will provide addict d nal comments : the sections of the 2005 . • I ual monitoring report
regarding wetland re oration of causeway 1 areas under separate co •r.
7. R-3850,INT ' CHANGE AT SR 1140 (OKIS ' ROAD) AND US 17 S►UTH OF
ELIZABETH ITY,PASOUOTANK AND PEROU • NS COUNTIES, CA 1 A PERMIT NO.
82-03.
This pr•ject is complete, therefore DOT needs to begin providin 1 CM with annual u,dates on
the •tland areas temporarily impacted by this project in accordan • with permit condition
n s ber 24.
Page 3 of 7, 10/25/2006

7/h/ 06 Cam, k
gt` 1 -TnokoLvvx
and thatthesite is close. DCM _communicate. • - ally about this request m
memorandums dated 10/1. 05 . d 12/16/05. The . e 1.42 acres, however some
portions of the site contain ' .gmites. In a le er to DO •ated 5/2/05, D M said:
"DCM has a zero toler. • e polic fgor P !mites australis • coasta , etland mitigation
s. es. DCM does no allow coastal , e • d mitigation credit fo as dominate by
Phr.;mites. Th- onitoring repo t. es that Phragmites w. . o •d in 3 of the 30 plots
monit• ed in 104. DCM does • •t agree . at monitoring . be discs Itinued at this site
unless the nsuccessful port'. s of the site ragmite. dominated) are . •andoned a •
suitab co...tal wetland - toration is found ne..b o make up the differen.-." • a
le -r to DOT •ated 4 /04,DCM stated: "T = • survival of plantyed sa ass at the
site and domina : of Echinochloa species : ggests •at the hydrology • e sit- 's not
favorable for s. • . .ss...if the hydrolo: of the site wer- appropriat- 'or sawgrass,
Echinochlo. would ne flourish." T.- CAMA Permit Com.•it = t Review documen
prepare. •y RK&K dat-, 9/22/0. states: "RK&K field revi- -d this site with Randy
Mid:: t and Mr. Pablo He • . ••ez,NCDOT Division 1 ' sident . gineers, on January
1 , 003 and again in Ma • 403. Many bare grou . areas occur t' oughout the si
.nd Phragmites is esta. fishing a . g the western .•rtion of the site. Ph.tos of •'s
mitigation site are i. uded below" 1 CM ne• o s to make a site visit to c• - irm that
there are at lea 0.42 acres of succes awgrass areas to provide • itig ion at a
2:1 ratio for e 0.21 acres of impac o this project, the only ► oject to be •ebited
from this : te to date. If there is a • an to .nsfer any exce : mitigation credi
from t•'s site to the EEP,then P M and DO need to le EP know how much •f
the : te is considered success 1.
Status of temporary impact monitoring requirements:
The new CAMA permit 7-98 issued by DCM on 1/20/98 contains a permit condition that:
"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." The Water Quality Certification issued on 11/26/97 contains the following
condition: "Up to 1.99 acres 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
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." The
major modification of CAMA permit 7-98 issued by DCM on 9/23/98 contains a permit
condition that: "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 and modified on 8/19/98. Any violation of conditions of this certification will
be considered a violation of this CAMA permit." The Water Quality Certification issued
on 8/19/98 requires that: "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."
The only specific CAMA permit requirement for monitoring of temporary impacts on this
project is contained in the CAMA permit minor modification issued on 5/1/00. This
minor modification 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."
Permit condition No. 4 of the minor modification issued on 5/1/00 requires that: "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."
A subsequent CAMA permit minor modification issued on 8/16/00 authorizes the use of
a large suction device to vacuum the marsh soil resulting from pile jetting activities.
The CAMA permit commitment review document prepared by RK&K dated 9/22/03
states: "RK&K field-reviewed temporary impact areas with Mr. Midgett and Mr.
Hernandez on January 15, 2003. The temporary impact area associated with the work
trestle located along the northwest bridge approach appeared to be graded to wetland
elevation. As completion of this project occurred in 2002, it is too early to determine if
these areas are reattaining jurisdictional status. Photographs of impact areas located in
the northwestern bridge quadrant taken in March 2003 are included below."
The CAMA permit commitment review document prepared by RK&K dated 9/22/03
states: "NCDOT should continue annual monitoring at established mitigation sites as
well as at temporary impact areas....an agency meeting should be scheduled in 2005
(three years post-construction) to review the status of temporary impact areas. As stated
in WQC No. 3167 issued November 1997, all temporary impact areas should be restored
in accordance with the finalized DWQ restoration policy."
DCM has not received any annual updates from NCDOT on the wetland areas
temporarily impacted by this project. The CAMA Permits with Temporary Impact

Monitoring Condition prepared by NCDOT dated 4/20/05 states: "This project is
complete and an interagency inspection is requested to determine compliance of the
temporary impact condition of the permit." However, the NCDOT 4/20/05 report
does not provide any data as to the status of the wetland areas temporarily impacted
by this project. DCM agrees that an interagency inspection is needed. However,
DOT first needs to provide DCM with an update on the wetland areas temporarily
impacted by this project in accordance with Condition No. 18 of the new CAMA
permit issued on 1/20/98 and Condition No. 4 of the CAMA permit minor
modification issued on 5/1/00, and taking into account the change in temporary
impacts resulting from the CAMA permit minor modification issued on 8/16/00.
NCDOT is hereby requested to submit the above referenced report as soon as
possible.
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)

CAMA Permit No. 7-98
TIP No. R-2551
Manteo, US 64/264 Relocation
Croatan Sound
DareCounty
CAMA Permit No. 7-98 was issued for TIP No. R-2551 located in Dare County. The
project is for the relocation of US 64/264 between Manns Harbor and the intersection of
NC 345 and US 64/264 east of Manteo. The LET Dates for the project were 9/12/97 for
Section A and 8/17/98 for Section B with completion dates of 6/20/03 for Section A and
7/2/03 for Section B. This project is complete and an interagency inspection is requested
to determine compliance of the temporary impact condition of the permit.
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p'` iiii�y NORTH CAROLINA DEPARTMENT OF
f".1� TRANSPORTATION
E'' . ♦ DIVISION OF HIGHWAYS
BEGIN ; ..-a: o �!/ PLANNING AND ENVIRONMENTAL
PROJECT ` "' `''
so' BRANCH
�i `a' MANTEO, US 64-264 RELOCATION
P > :.�' US 264 TO EAST CITY LIMITS
e DARE COUNTY
T.I. P.NO. R-2551
FIG. 1

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075°46' 30.00"wv T O,5+146'0.d0"11 W I I I T l I I I 1I t 45' 30. 0"'W I II I IIII I I I
Jame: MANNS HARBOR Location: 035°53'19.1" N 075°45'48.7" W
i)ate:3/22/105 Caption: Mantteo, US 64/264 Reloc
Scale: 1 inch equals 1000 feet TIP#R-2551
Dare Co.
Copyright(C)1997,Maptech,Inc.

Page: 1 Document Name: untitled
DDS1 PROJ MASTER SCHEDULE-GEN/ENG ASSIGNMENTS OFFICIAL TIP: R-2551/9
UPDATED: 06/13/01 OFY CFY PFY AUTH RPE: MCMILLAN
WBS: 34458 . 1 . 3 PLAN RPDE: PRICE
PROJ: 8T051401 DSG SPE:
FA PROJ: STP-NHF-64 (6) R/W 98 98 SPDE:
COUNTY: DARE DIV: 01 CON 98 98 DSPEE: JONES
CITY: %COMP DATE COMP P&E UNIT:
ROUTE: US064 R/W PLAN: 000 P&E ENG: MIDKIFF
LENGTH/MI : 005 . 837 FINAL PLAN: 000 11 04 97 C LOCATION:
LENGTH/KM: 009 .392 STR PLAN: 000 11 11 97 C PHOTO:
#STR/TYPE: SX HYDRO: RAHMANI
TYPE PROJ: # PARCELS: 015 TRFE: PARKER
TYPE: 014 # RELOCATEES: 001 PERMIT NS UNIT: BAIN
STATUS: ACQ TIME: 014 PERMIT NS SPEC: RIDDICK
BORROW: BEG MILEPOST: STR COOR: FRYE
PRODUCTION SCHEDULE T. I .P. SCHEDULE STR FRM: 2FIRMS
R/W: R/W : 09 12 97 C RDY FRM:
LET: LET : 03 17 98 C RES E:
COMP: 06 20 03 C RIVER BASIN:
UTL IMPACT: MPO: MITIGATION SITE:
DESCRIPTION: US 64-264 FROM SR 1105 (SHIPYARD RD) IN MANNS HARBOR TO WEST OF
NC 345 SOUTH OF MANTEO
ENTER-DDS2 PF1-PREV SCR PF2-UPDATE PF3-PRINT PF4-PLAN PF5-PMMI PF7-BKWD PF8-F
Date: 3/22/2005 Time: 10 : 10 : 17 AM

Page: 1 Document Name: untitled
DDS7 PERMITS AND AGREEMENTS INFORMATION OFFICIAL PAGE
IP NUM: R-2551A PROD LET: PERMIT SP: BAIN
-ROJ NUM: 8T051403 TIP LET: 03-17-98 P & E ENG: MIDKIFF
WBS NO: 34458 . 1 . 3 DIVISION: 01 HYDRO: R.AHMANI
COUNTY: DARE MIT SITE:
RIV BASIN:
DESCRIPT: US 64-264 FROM SR 1105 (SHIPYARD RD) IN MANNS HARBOR TO WEST OF
NC 345 SOUTH OF MANTEO
STATUS : PERMITS PENDING.
ACTIVITY OUT IN
330 PERMIT DRAWINGS TO P&E 08-14-97 C X
350 U S C G PERMIT SECTION 9 08-11-97 C 02-05-98 C
355 CORP OF ENGS PERM. 10 09-29-97 C 03-04-98 C
360 CORP OF ENGS 404 PERMIT 09-29-97 C 03-04-98 C
380 STATE 401 WATER CERTIF 09-29-97 C 11-26-97 C
390 STATE CAMA PERMIT 09-10-97 C 01-20-98 C
ENTER-DATES (DDS8) PF1-PREVIOUS SCREEN PF3-PRINT
Date: 3/22/2005 Time: 10 : 12 :46 AM

Page: 1 Document Name: untitled
DDS1 PROJ MASTER SCHEDULE-GEN/ENG ASSIGNMENTS OFFICIAL TIP: R-2551 13
UPDATED: 04/18/01 OFY CFY PFY AUTH RPE: MCMILLAN
WBS: 34458 . 1 .4 PLAN RPDE: PATEL
PROJ: 8T051401 DSG SPE: BULLOCK
FA PROJ: STP-NHF-64 (6) R/W 98 98 SPDE: NGUYEN
COUNTY: DARE DIV: 01 CON 00 00 DSPEE: JONES
CITY: %COMP DATE COMP P&E UNIT:
ROUTE: US064 R/W PLAN: 000 05 15 98 C P&E ENG: MIDKIFF
LENGTH/MI : 002 . 039 FINAL PLAN: 000 04 26 99 C LOCATION:
LENGTH/KM: 003 .281 STR PLAN: 100 04 13 99 C PHOTO:
#STR/TYPE: SX HYDRO: RAHMANI-PEF
TYPE PROJ: # PARCELS: 042 TRFE: MULLEN
TYPE: 010 # RELOCATEES : 002 PERMIT NS UNIT: BAIN
STATUS : ACQ TIME: 014 PERMIT NS SPEC: RIDDICK
BORROW: BEG MILEPOST: STR COOR:
PRODUCTION SCHEDULE T. I . P. SCHEDULE STR FRM:
R/W: R/W : 05 15 98 C RDY FRM:
LET: LET : 08 17 99 C RES E: R W MIDGETT
COMP: 07 02 03 C RIVER BASIN:
UTL IMPACT: H MPO: MITIGATION SITE:
DESCRIPTION: US 64-264 FROM US 264 TO SR 1105 (SHIPYARD RD) IN MANNS HARBOR
& THE INTERSECTION OF NC 345 EAST OF MANTEO
ENTER-DDS2 PF1-PREV SCR PF2-UPDATE PF3-PRINT PF4-PLAN PF5-PMMI PF7-BKWD PF8-F
Date: 3/22/2005 Time: 10 : 13 : 07 AM

Page: 1 Document Name: untitled
DDS7 PERMITS AND AGREEMENTS INFORMATION OFFICIAL PAGE
'IP NUM: R-2551B PROD LET: PERMIT SP: BAIN
..'ROJ NUM: 6059001B TIP LET: 08-17-99 P & E ENG: MIDKIFF
WBS NO: 34458 . 1 .4 DIVISION: 01 HYDRO: RAHMANI-PEF
COUNTY: DARE MIT SITE:
RIV BASIN:
DESCRIPT: US 64-264 FROM US 264 TO SR 1105 (SHIPYARD RD) IN MANNS HARBOR
& THE INTERSECTION OF NC 345 EAST OF MANTEO
STATUS :
ACTIVITY OUT IN
355 CORP OF ENGS PERM. 10 09-29-97 C 03-04-98 C
360 CORP OF ENGS 404 PERMIT 09-29-97 C 03-04-98 C
380 STATE 401 WATER CERTIF 09-29-97 C 11-26-97 C
390 STATE CAMA PERMIT 09-10-97 C 01-20-98 C
ENTER-DATES (DDS8) PF1-PREVIOUS SCREEN PF3-PRINT
Date: 3/22/2005 Time: 10 : 13 : 13 AM