NCDOT 28-95 Amendment 2 Mitigation SR 1100 Motts Creek

Permit Class Permit Number ,
2ND AMENDMENT 28-95 '
(for Mitigation) STATE OF NORTH CAROLINA '
Department of Environment,Health&Natural Resources
and '
Coastal Resources Commission•
'
trititt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 •
X Excavation and/or filling pursuant to NCGS 113-229
Issued to NC Dept. Of Transportation,Div. Of Highways, P. a Sox 25201, Raleigh, NC 27611
' authorizing development in New Hanover County at Motts Creek, at the SR 1 100 crossing '
, as requested in the permittee's application dated J 7/15/94 including attached
• workplan drawings, sheets 1-4 of 4 dated 12/94 and letter of 5/8/9_5.
, This permit, issued on — ,is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Mitigation
' 1) Prior to construction initiation, a Mitigation Plan, or a letter of commitment to prepare such plan,
will be submitted to the Division describing mitigation for 1/1 replacement of the approximately s'
3143 sq. ft. of coastal wetlands 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.
Construction '
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be
permitted between February 1 and August 1 of any year without the prior approval of the ,
Division of Coastal Management, in consultation with the Division of Marine Fisheries. This
' (See attached sheet for Additional Conditions) '
' This ermi action maybe appealed bythepermittee or Signed bythe authorityof the Secretaryof DEHNR and the '
P � PPe �
' other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commission. '
' issuing date. An appeal requires resolution prior to work '
' initiation or continuance,as the case may be. '
• This permit must be accessible on-site to Department
• personnel when the project is inspected for compliance. oger N. checter, Director '
, Any maintenance work or project modification not Division of Coastal Management '
, covered hereunder requires further Departmental approval. ,
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 1998
, In issuing this permit,the State of North Carolina agrees
, that your project is consistent with the North Carolina
, Coastal Management Program. Signature of Permittee '

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' NC Dept. Of Transportation Permit#28-95
Page 2 of 2 /
/ ADDITIONAL CONDITIONS
reduced moratorium period is contingent upon the use of sediments currents immediately
upstream and downstream of the bridge during the periods of in-water construction or when /
/ sediment runoff from highground is likely. /
/
3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size
sufficient to prevent its movement from the site by wave or current action.
/
4) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, /
outside of the alignment of the fill area. /
5) All excavated materials will be confined above mean high water and landward of regularly or
/
/
/
//
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
6) Silt fencing or other barrier will be placed between the newly graded shoulders and the adjacent
marsh until this area is stabilized. /
/
/
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7) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 25 NTUs or less are not considered significant. '
/
8) All fill materials will be obtained from a highground source. /
9) The fill material will be clean and free of any pollutants, except in trace quantities.
10) The temporary placement or double-handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
11) A permanent ground cover sufficient to restrain erosion shall be provided on all exposed areas /
within the shorter of 15 working or 60 calendar days after project completion. /
/
NOTE: The Division of Environmental Management approved this project under Section 401 ,
Water Quality Certification No. 2969 on 1/26/95. /
NOTE: The Corps of Engineers approved this project under Nationwide Permit No. 23.
/
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JOsi
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O.BOX 25201,RALEIGH.N.C. 27611-5201 SECRETARY
May 10, 1996
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
127 Cardinal Drive
Wilmington, North Carolina 28405-3845
ATTENTION: Mr. Bob Stroud
Dear Sir:
SUBJECT: New Hanover County - Replacement of Bridge No. 17 over Mott Creek
on SR 1100; T. I.P. No. B-2596; State Project No. 8.2250301; CAMA
Permit No. 28- 95; DOA Action ID. 199303655; DEM Project #95064
Reference CAMA Permit No. 28-95 issued May 16, 1995 for the replacement
of Bridge No. 17 over Mott Creek. This permit allowed fill in 0.016 hectare
(0.04 acre) of jurisdictional wetlands. Construction of this project has
been completed and SR 1100 is open to traffic. During the course of
construction, the fill area was extended in order to stabilize the side
slopes. The attached drawing (revised page 2 of permit drawings) illustrates
the additional fill area involved. The final wetland impact area included
0.023 hectare (0.06 acre) of wetlands.
The CAMA Permit requires implementation of a mitigation plan by December
31, 1998. NCDOT has contracted Ecological Consulting Organization, Inc, to
evaluate mitigation options in the vicinity of the project. We are currently
investigating the feasibility of acquiring and developing the mitigation
areas which they proposed. The mitigation area will include 1 to 1
compensation for the final impact area of 0.023 hectare (0.06 acre) of
wetlands. When we complete our investigation of the potential mitigation
areas, we will submit formal notification of our intent to develop the chosen
site. You will be given an opportunity to comment on the proposed
construction and monitoring plans.
We hereby request modification of CAMA Permit 28-95 to include the final
impact area of 0.023 hectare (0.06 acre) . By copy of this letter
modification of 401 Water Quality Certification No. 2969 by t I 'v sign r
Environmental Management is also requested. o RUD�j�� 6
MAC - �� --

�► May 10, 1996
Page 2
Thank you for your assistance. If you have any questions, please
contact Cyndi Bell at (919) 733-7844, Extension 306.
Sincer ly /////
f
H. Franklin Vick, P. E. , Manager
Planning and Environmental Branch
HFV/tp
cc: Mr. John Parker, DCM
Mr. Archie Hankins, P. E. , Hydraulics
Mr. D. J. Bowers, P. E. , Division 3 Engineer
Mr. Ernie Jahnke, DOA, Wilmington
Mr. G. T. Shearin, P. E. , Roadway Design
Mr. Kelly Barger, P. E. , Project Management
Mr. John Smith, P. E. , Structure Design
Mr. Don Morton, P. E. , Highway Design

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State of North Carolina
AA
Department of Environment,
,Health and Natural Resources 1 •
Division of Coastal Management
wily
James B. Hunt, Jr., Governor CO E H N F.
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 18, 1996
Mr.H. Franklin Vick
NC Dept. Of Transportation
Planning&Environmental Branch
P. O. Box 25201
Raleigh,NC 27611
Dear Sir
The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh,NC 27611, [phone] within twenty(20)days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval.Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation.However,if questions arise concerning
permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
\. ,i..4,0 ....1,Dif%\p...mi ..\
John . Parker,Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, J. 111 C FAX [phone]
Raleigh,North Carolina 27611-7687 VilleAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 Reduce Reuse Recycle 50%recycled/10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources II?FA
Alf;•
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 17, 1996
Mr. H. Franklin Vick
NC Dept. of Transportation
Planning & Environmental Branch
P. O. Box 25201
Raleigh,NC 27611
Dear
The enclosed permit has been amended solely for the purpose of reflecting the mitigation
requirements and to keep the record current. It is my understanding that the Motts Creek project
was completed some months ago and completed in such a manner as to increase wetland impacts.
It is requested that mitigation requirments of permit No. 28-95 be satisfactorily concluded
at the earliest possible time.
Very sincerely,
Jo R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/aw
cc: Bob Stroud
DCM-Wilmington
Enclosure
P.O. Box 27687, Arl�y� FAX [phone]
Raleigh,North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 _Reduce Reuse Recycle 50%recycled/10%post-consumer paper

• -7 - - 9L
-� - 3 - S {�
MEMORANDUM 7/1/96
TO: JOHN PARKER
FROM: T. BARRETT `P
RE: STATE PERMIT #28-95
Please find enclosed a request from H. Franklin Vick, representing
D.O.T, to modify State Permit #28-95 . The permit for bridge
replacement over Mott' s Creek was issued on 4/17/95 . The work has
been completed.
Field inspections revealed that the project had consumed
approximately 506 more coastal wetlands than was proposed or
authorized. I requested that D.O.T. submit an "as built" survey of
the project, which revealed that approximately 3143 square feet of
coastal wetlands had been filled; the permit authorized the fill
of 2075 square feet of coastal wetlands, and required mitigation.
The finished result was approximately 1068 square feet of coastal
wetland fill greater than that authorized.
The Division discussed the option of having D.O.T. remove the
additional fill material . However, the finished slopes on the road
shoulders do not appear unreasonable . It was determined that the
fill could remain, but the mitigation requirement should reflect
the total coastal wetland impacts .
To date, no mitigation plan has been submitted.
O" 1,
RECEIV EO
JUL 3, 1996
fir' MANAGE.MENT ..4

M•n u
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O.BOX 25201,RALEIGH,N.C. 27611-5201 SECRETARY
June 13, 1996
Division of Coastal Management - �
North Carolina Department of Environment,
Health and Natural Resources
127 Cardinal Drive JUN 17 1996
Wilmington, North Carolina 28405-3845
DIVISION OF
ATTENTION: Mr. Bob Stroud COASTAL MANAGEMENT
Dear Sir:
SUBJECT: New Hanover County -Replacement of Bridge No. 17 over Mott Creek on SR
1100; T.I.P. No. B-2596; State Project No. 8.2250301; CAMA Permit No. 28-
95; DOA Action ID. 199303655; DEM Project#95064
Reference CAMA Permit No. 28-95 issued May 16, 1995 for the replacement of Bridge
No. 17 over Mott Creek. On May 10, 1996, we submitted a request for a minor permit
modification to allow additional fill in wetlands. Attached herein is a check in the amount of
$50.00 to cover the cost of processing this application. Also attached is a revised plan drawing
(page 2 of permit drawings) of the project area.
Thank you for your assistance. If you have any questions, please contact Cyndi Bell at
[phone], Extension 306.
Sin re
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HF V/.plr
cc: Mr. John Parker, DCM
Mr. Archie Hankins, P.E., Hydraulics
Mr. D. J. Bowers, P.E., Division 3 Engineer
Mr. Ernie Jahnke, DOA, Wilmington
Mr. G. T. Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Project Management
Mr. John Smith, P.E., Structure Design
Mr. Don Morton, P.E., Highway Design