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Ly . , Yi. o Mittigation for Permit#28-95 Subject: Mittigation for Permit#28-95 From: "Anderson,Deborah D" <ddanderson@ncdot.gov> Date: Mon, 16 Mar 2009 09:33:45 -0400 To: "doug.huggett@ncmail.net" <doug.huggett@ncmail.net>, "ted.tyndall@ncmail.net" <ted.tyndall@ncmail.net>, Steve Sollod<Steve.Sollod@ncmail.net> CC: "Harris,Philip S" <pharris@ncdot.gov>, "Paugh,Leilani Y" <lpaugh@ncdot.gov>, "Cashin,Gordon E" <gcashin @ncdot.gov> Please find attached the proposal to debit 3,143 sqft to satisfy mitigation requirements for Permit#28-95 from assets at the Bradley Creek Project. Please let me know if this is adequate. 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. cama commit_B-3496 Content-Description: Bradley Creek cama commit_B-3496 Bradley Creek Bridge Closeout Letter.doc Bridge Closeout Letter.doc Content-Type: application/msword Content-Encoding: base64 Content-Description: cama commit_B-3496 3_6_09.doc cama commit_B-3496 3_6_09.doc Content-Type: application/msword Content-Encoding: base64 1 of 1 3/16/2009 10:09 AM ,/ es)kik STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A.CONTI,JR. GOVERNOR SECRETARY February 11, 2009 Mr. Doug Huggett NC Division of Coastal Management Parker Lincoln Building 2728 Capital Boulevard Raleigh, NC 27604 Re: Bradley Creek Bridge Mitigation Site,New Hanover County, State Project No. 8.2251101,TIP No. B-3496, Action ID No. 199802171,DWQ Proj. #04-0421,DCM Permit No. 133-04 Mr. Huggett: As you are aware, the Department has monitored the Bradley Creek Bridge Mitigation Site since its construction in May of 2006. Located in New Hanover County, at Bridge No. 10 over Bradley Creek on Wrightsville Avenue (SR 1411), this 0.19-acre site wetland restoration site was constructed to provide mitigation for wetland impacts associated with the B-3496 project. The wetland restoration area involved the removal of the existing bridge causeway to the elevation of the adjacent marsh and planted with Spartina alterniflora. According to permit conditions, NCDOT was required to monitor the Bradley Creek Bridge Mitigation Site for three years or until success criteria were met, with vegetation monitoring conducted each year; hydrologic monitoring was not required for this project. After each growing season, annual monitoring reports were submitted to the appropriate regulatory agencies via the Natural Environment Unit's (NEU) website: http://www.ncdot.org/doh/preconstruct/pe/neulMonitoring/MonitoringReports.html After three years of vegetation monitoring, the Bradley Creek Bridge Mitigation Site monitoring indicates that natural re-vegetation has occurred and the temporarily impacted areas have re- attained jurisdictional status. Individual annual monitoring data is provided within the monitoring reports available on NEU's website between 2006 and 2008. NCDOT requests that the appropriate resource agencies provide written documentation stating that no further monitoring is required and that the site is closed. If you have any questions about this project, please contact Mr. Randy Griffin at(919)431-6529. MAILING ADDRESS: TELEPHONE: 919-431-2000 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX 919-431-2001 ENVIRONMENTAL RESOURCE CENTER PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 4701 ATLANTIC AVENUE 1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG SUITE 116 RALEIGH NC 27699-1598 RALEIGH NC 27604 Sincerely, Philip S. Harris, III, P.E., Unit Head PDEA- Natural Environment Unit cc: Mr. Brad Shaver, ACOE Mr. David Wainwright, DWQ Mr. Travis Wilson,WRC Ms. Kathy Matthews,EPA Mr. Gary Jordan,USFWS Mr. David Harris, P.E.,NCDOT-REU Mr. Mason Herndon, NCDOT-DEO3 Mr. Randy Griffin, NCDOT-NEU NCDOT proposed debiting XX acres of marsh restoration from the Bradley Creek site for impacts associated with TIP XXXX to fulfill CAMA commitment XX. The Bradley Creek Bridge Mitigation Site is located in New Hanover County. The site was planted in 2006 and was designed as wetland mitigation for impacts associated with bridge project B-3496. The mitigation site encompasses approximately 0.19 acres of wetland restoration. The restoration effort involved removal of the existing bridge causeway to the elevation of the adjacent marsh and planting Spartina alterniflora. The area that was restored is being monitored to ensure that it re-vegetates with Spartina alterniflora. Hydrologic monitoring is not required for this project; however, vegetation monitoring is required for three years. The third year of monitoring has been completed. The site met success criteria as described in the mitigation plan. NCDOT requested to discontinue monitoring and close the site (see attached letter). RE:Permit#28-95 Subject: RE: Permit#28-95 From: "Anderson, Deborah D" <ddanderson@ncdot.gov> Date: Fri, 6 Mar 2009 09:22:42 -0500 To: Steve Sollod<Steve.Sollod@ncmail.net> CC: "doug.huggett@ncmail.net" <doug.huggett@ncmail.net>, "ted.tyndall@ncmail.net" <ted.tyndall@ncmail.net>, "Harris, Philip S" <pharris@ncdot.gov>, "Thorpe, Gregory J" <gthorpe@ncdot.gov>, "Paugh, Leilani Y" <lpaugh@ncdot.gov>, "Griffin, Randy W" <rgriffin @ncdot.gov> Steve. Thanks for your fast response. The NCDOT will coordinate a site inspection on the Bradley Creek Project and submit a proposal to you ASAP. Thanks. Deborah From: Steve Sollod [mailto:Steve.Sollod@ncmail.net] Sent: Friday, March 06, 2009 9:23 AM To: Anderson, Deborah D Cc: doug.huggett@ncmail.net; ted.tyndall@ncmail.net; Harris, Philip S; Thorpe, Gregory ]; Paugh, Leilani Y; Griffin, Randy W Subject: Re: Permit #28-95 Deborah, DCM would consider your request; however, we would like to see a more formal proposal. This proposal should include a review the mitigation needs for the Mott's Creek project under CAMA Permit Number 28-95 and a description of the mitigation being offered from the Bradley Creek project, B-3496, CAMA Permit Number 133-04. The field investigation report from the Mott's Creek file indicates that the impacted marsh consisted of Spartina cynosuroides, Cladium jamaicense, and Baccharis halimifolia. On-site wetland restoration at the Bradley Creek project was for approximately 0.04 acres of permanent coastal wetland impacts and was provided through the removal of approximately 160 linear feet of existing causeway fill material. The Bradley Creek site has been in monitoring for 3 years. NCDOT is ready to discontinue monitoring based on the 2008 Annual Monitoring Report. We recommend NCDOT coordinate a field inspection with the appropriate agencies to confirm that the mitigation was successful. Here are some notes in the Bradley Creek permit. Permit#133-04, Bradley Creek,Bridge No.10 (TIP No.B-3496) NOTE: The exact amount of wetland restoration and enhancement credits will not be determined until the mitigation site receives confirmation from DCM, DWQ, and USACE that the site has re-attained jurisdictional status. DCM will require that the amount of coastal wetlands impacted by the project be deducted from any restoration or enhancement credits generated from the project. 1 of 2 3/6/2009 10:07 AM RE: Permit#28-95 NOTE: This permit does not convey or imply approval of the suitability of the excess mitigation generated by this project as compensatory wetland mitigation for any particular future projects. The use of any portion of the excess mitigation generated by this project as compensatory mitigation for future projects will be approved on a case-by-case basis during the CAMA permit review and/or consistency process. NOTE: If the excess mitigation generated by this project is to be used as mitigation for impacts of future projects, written concurrence must be obtained from DCM that post-construction monitoring demonstrates that vegetative and hydrologic success criteria have been met. Steve Anderson. Deborah D wrote: LeiLani has coastal marsh on the data base that could possibly be used for the Motts Creek Project. The marsh is available from the B-3496 project near Wilmington. Will the DCM accept 3,143 sq ft from this project. It is already established. 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. Steve Sollod Transportation Project Coordinator NC Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919) 733-2293 X230 phone (919) 733-1495 FAX E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 of 2 3/6/2009 10:07 AM B-2596 CAMA Permit No. 28-95 Executive Summary NCDOT constructed a bridge replacement project (T.I.P. Project B-2596) on Bridge No. 17 over Mott's Creek in New Hanover County, North Carolina. There were approximately 3,143 square feet of coastal wetland impacts associated with this project. RK&K was unable to locate a mitigation plan, evidence of compensatory mitigation, a letter of commitment, or the original CAMA permit in NCDOT records. RK&K conducted a field review of B-2596 in February 2003. Random vegetative plot sampling indicates an average of 82.5% vegetative cover, consisting mostly of narrow-leaved cattail (Typha angustifolia). RK&K recommends that NCDOT schedule a meeting with DCM to discuss these findings. It is possible that NCDOT never fulfilled their obligation to mitigate for the 3,143 square feet of coastal wetland impacts that occurred as a result of this project. Project Description NCDOT constructed a bridge replacement project of Bridge No. 17 over Mott's Creek in New Hanover County, North Carolina. The project consisted of replacing the bridge on the existing alignment and detouring traffic locally. Project Timeline • September 17, 1996: CAMA Permit No. 28-95 amended. • February 5, 2003: RK&K field review completed. Permit Commitments CAMA Permit No. 28-95 amended 9/17/96 1) Prior to construction initiation, a Mitigation Plan, or letter of commitment to prepare such plan, will be submitted to the Division describing mitigation for 1/1 replacement of the approximately 3,143 square feet of coastal wetland impacted. Dissimilar and innovative mitigation may be considered adequate by the Division. The mitigation must be approved and in place prior to the expiration date of this permit. Mitigation Status* RK&K found no mitigation plan or letter of commitment from NCDOT. It is not known if the mitigation requirements were ever fulfilled. However, RK&K conducted a site review of B-2596 on February 5, 2003. Random plot sample were used to verify vegetation onsite. The results are as follows: Type Number of Random Plots Average % Cover (1 m2 quadrant) Coastal Marsh Wetland 10 82.5% 1 • The dominant species was narrow-leaved cattail (Typha angustifolia). Giant cord grass (Spartina cynosuroides) occurred sparsely, in narrow areas adjacent to the creek. `Note: Only the 2nd Amendment for Mitigation of CAMA Permit No. 28-95 was used in this review. i�Aci. - is . , ti B-2596 (2/5/03): Area of impact located in southwestern bridge quadrant. Ai- I A.. it 4 4 t • s -.*,t 1-w ,te • ` A kt Alt.f. ,. , ., _.....tt 4I Q 1•.:i ~._,A. .1 . B-2596 (2/5/03): Northwestern bridge quadrant. 2 + '' 1 s • ++� , . S s` �+ ?, -` !, }+ .'1 or a' r , * s y; AN B-2596 (2/5/03): Northeastern bridge quadrant. g< SS i 7 �r i.`. (+ , , y �; ,;; : • , •:.. •t.i• , / r,,. t• r .. 1 . o ': the i �1AtM J•. ,1 e, '# •Kali t.. �# +i 47",1Kzs t ` ‘, ,- �, j i. , . • 3 (f r M� ''''.. B-2596 (2/5/03): Southeastern bridge quadrant. Recommendations RK&K recommends that NCDOT schedule a meeting with DCM to discuss these findings. It is possible that NCDOT never fulfilled their obligation to mitigate for the 3,143 square feet of coastal wetland impacts that occurred as a result of this project. 3 CAMA Permit No. 28-95 amended 9/17/96 (original permit not located) TIP No. B-2596 New Hanover County Project Name: Bridge No. 17 over Mott's Creek Project Description: Bridge replacement project of Bridge No. 17 over Mott's Creek. The project consisted of replacing the bridge on the existing alignment and detouring traffic locally. Recommendations: RK&K found no mitigation plan or letter of commitment from NCDOT. It is not known if the mitigation requirements were ever fulfilled. RK&K recommends that NCDOT schedule a meeting with DCM to discuss these findings. It is possible that NCDOT never fulfilled their obligation to mitigate for the 3,143 square feet of coastal wetland impacts that occurred as a result of this project. CAMA Permit No. 114-96 issued 7/31/96 TIP No. B-2919 Bladen and Pender Counties Project Name: Bridge No. 67 over the Black River Project Description: Bridge replacement of Bridge No. 67 on NC 11/NC 53 over Black River on the Bladen/Pender County line. This project consisted of replacing the existing bridge on a new alignment south of the existing bridge location. Recommendations: RK&K recommends reviewing the as-built survey of the site if available to ascertain whether sufficient fill has been removed from the old bridge approach on the northwest quadrant. If an as-built survey is not available, one may be required for the northwest quadrant. Based on review of the location of existing boundaries that are more accurately determined than in this analysis, NCDOT should investigate whether an agency meeting to discuss the site is appropriate. 16