NCDOT 101-95 Mitigation Bridge #8 SR 1245 Coinjock Bay

DCM Evaluation of NCDOT's CAMA Permit Commitment Review
to provide DCM with an acknowledgement letter documenting that 5.58 acres of credits have been
debited from the successful coastal wetlands at Ballance Farm. After DCM receives this
acknowledgement letter from EEP, we will be able to send a letter to DOT acknowledging that DOT
has satisfied it's mitigation requirements for this project through successful coastal wetland mitigation
at the Ballance Farm mitigation site.
In the 2005 response, the NCDOT reported that the mitigation for this project had been performed. The
NCDOT requested to attend a site visit with the NCDCM to determine if any further mitigation was
necessary. The NCDCM did not contact the NCDOT about a site visit. The Ballance Farm was closed
out per a letter from NCDCM dated 9/21/07(attached). All permit requirements for this project/permit
have been fulfilled. EEP was contacted to verify consultant's findings.The consultant verified success
of this project to Rita Mroczek. It should be noted that the EEP is managing these assets and
communication with the agencies is as agreed in the MOAs.
3. B-2536, BRIDGE 8 OVER COINJOCK BAY ON SR 1245, CURRITUCK COUNTY, CAMA
\?%\°,((t
PERMIT #101-95.
In a letter of acceptance dated 7/21/05, EEP says it will deduct 0.68 acres of coastal marsh creation
(,9a p1 from the transferred asset balance from the Ballance Farm mitigation site (0.17 acre impact x 2:1
cQ5e mitigation ratio= 0.34 credits; 0.34 credits x 2:1 credit ratio (creation)=0.68 mitigation credits
required. The mitigation requirements of this project have been met to DCM's satisfaction.
4. TIP NO. R-2512, US 17 BRIDGE, CHOWAN RIVER, CHOWAN COUNTY, CAMA
PERMIT NO. 88-96.
Wetland Mitigation Requirements
Wetland mitigation sites for this project are Company Swamp, Dismal Swamp and Pembroke Creek.
The wetland mitigation sites for this project have all been accepted as successful and closed out by
DCM. The Company Swamp Mitigation Bank was created by the NCDOT to compensate for
unavoidable wetland impacts occurring from NCDOT highway projects near the Roanoke River.
Company Swamp is a preservation bank and consists of 1031 acres located in Bertie County,North
Carolina. 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 Pembroke Creek mitigation site was closed out by DCM
through internal memorandums dated 10/27/05, 12/16/05 and 6/22/06. The wetland mitigation
requirements of this project have been met to DCM's satisfaction.
irb
p D,'a (s�
of pPs��',,t'�
Page 2 of 19, 10/25/2006

Arc2S,
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.Sollodavncniail.net. Please also feel free to contact me at
[phone] or via e-mail at Doug.Huggett( ;ncmail.net if you have any general questions or
concerns.
Sincerely,
•
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
SUM1v1ARY
TIP#/ LOCATION/ DCM COMMENTS/RESPONSE
CAMA COUNTY
PERMIT #
DIVISION ONE
1 ' R-2304/ US 64/264, The wetland mitigation requirements of this project have been met to
27-92 Dare DCM's satisfaction. NCDOT is requested to provide DCM with
documentation demonstrating that the shellfish bed enhancement
requirements of this project have been satisfied in accordance with
permit condition 18 as soon as possible.
2 R-2228/ NC 168 from EEP contracted with a consultant to conduct a field delineation in
124-95 and Moyock to September 2006 of the successful coastal wetlands in the creation area at
139-94 Barco, Ballance Farm. After DCM verifies the consultant's findings,EEP will
Currituck need to provide DCM with an acknowledgement letter documenting that
5.58 acres of credits have been debited from the successful coastal
wetlands at Ballance Farm. After that,DCM will be able to send a
letter to NCDOT acknowledging that NCDOT has satisfied its
mitigation requirements for this project through successful coastal
wetland mitigation at the Ballance Farm mitigation site.
3 B-2536/ Coinjock Bay, The mitigation requirements of this project have been met to DCM's
101-95 Currituck satisfaction.
4 R-2512/ US 17 Bridge, The wetland mitigation requirements have been met to DCM's
88-96 Chowan River, satisfaction. There is no documentation in the CAMA permit file that
Chowan the SAV requirements of this project have been satisfied in accordance
with CAMA permit condition number 16. Please see 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 K-4003/ Roanoke Island There is a conflict with the local land use plan for the proposed debit
7-98 MOD Visitor Center, from the Scuppernong River Wetland Mitigation Bank. Please see the
Dare attached text for details. DCM will continue to coordinate with NCDOT
to ensure that the mitigation requirements applied to the Roanoke Island
Mitigation Site are satisfied. DCM needs to make a site visit to confirm
compliance with condition 3 of the permit modification issued on 6/5/01
that states 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.
Page 1 of 19, 10/25/2006

SI
DCM Evaluation of NCDOT's CAMA Permit Commitment Review
SUMMARY
TIP#/ LOCATION/ DCM COMMENTS/RESPONSE
CAMA COUNTY
PERMIT #
7 R-3838 &R- US 264, The mitigation requirements of this project have been met to DCM's
3839/ Dare/Hyde satisfaction.
88-99
8 Division SR 1244, The mitigation requirements of this project have been met to DCM's
Project/ Tyrrell satisfaction.
96-99
9 B-3193/ Scranton It is critical that NCDOT submit the post-construction SAV survey to
46-00 Creek,Bridge DCM and the U.S.Army Corps of Engineers in compliance with
29, US 264-NC Condition No. 17 as soon as possible. DCM needs to make a site visit
45, Hyde to ensure compliance with condition numbers 15 and 16 prior to
agreeing to closing out the site.
10 Division Montgomery DCM is awaiting an acknowledgement letter from EEP confirming that
Project/ Road, SR the debit ledger has been reconciled. EEP told DCM in August 2006
Violation 1149/1150, that they anticipate that construction of the Bishop Road mitigation site
Hyde will begin in Winter 2006/2007. Therefore,DOT has not satisfied the
mitigation requirements of this project. DCM has asked EEP to keep us
informed as to the progress of site implementation. DCM is eager to see
these impacts mitigated. DCM will continue to monitor progress of this
implementation effort.
11 R-2548/ US 64, The debit ledger provided by NCDOT does not indicate which portion of
166-00 Plymouth to the Great Dismal Swamp Mitigation Bank the 144 credits were
East of purchased from. NCDOT must provide DCM with a more detailed copy
Columbia, of the debit ledger that verifies that the mitigation bank credits for this
Tyrrell/• project come from the Timberlake Farm portion of the mitigation bank,
Washington in accordance with Condition No. 21. NCDOT must provide DCM with
a progress report on implementation of the on-site mitigation as soon as
possible, and begin submitting monitoring reports when appropriate in
accordance with Conditions No. 25 and 27. NCDOT should let DCM
know when we should expect to receive the first annual update on the
success of this wetland restoration area in accordance with Conditions
No. 2, 3,4 and 5 of the permit modification issued on 5/21/03. NCDOT
must also provide DCM with the exact GPS location of the mitigation
site.
12 F-4407/ Emergency The mitigation requirements of this project have been met to DCM's
38-02 Ferry Terminal, satisfaction. .
Dare
Page 2 of 19, 10/25/2006

-- Eco stem
PROGRAM
July 21, 2005
Mr.Gregory J. Thorpe, Ph.D. CE1\1ED
Environmental Management Director RE
Project Development and Environmental Analysis Branch 2 1 �005
North Carolina Department of Transportation JUL c��
1548 Mail Service Center
Raleigh,Raleigh, North Carolina 27699-1548 ONO MIFIG"
Dear Dr. Thorpe:
Subject: Adjustment to NCDOT Final Debit Ledger:
B-2536,Bridge 8 over Coinjock Bay on SR 1245, Currituck County;
Pasquotank River Basin(CU 03020105)
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will adjust the transferred balance to the DOT Final Debit Ledger for the Balance Farm
Mitigation Site. The Division of Coastal Management(DCM) Coastal Area Management Act
(CAMA) permit dated August 7, 1995, required mitigation to offset the impacts associated with
the project. The construction of the project is complete and impacted 0.17 acre of coastal marsh.
The adjustment to the Balance Farm Mitigation site transferred balance is to account for
mitigation that was required by DCM and requested by you in a letter dated June 23, 2005. Based
on final debit ledger received from DOT on January 28, 2004, the Balance Farm Mitigation site
was the only asset to contain a coastal marsh component and contained 40.25 acres of coastal
marsh creation and 50 acres coastal marsh preservation. EEP will deduct 0.68 acres(0.17 acre
impact x 2:1 mitigation ratio= 0.34 credits; 0.34 credits x 2:1 credit ratio(creation)= 0.68
mitigation credit required) of coastal marsh creation from the transferred asset balance from the
Balance Farm Mitigation site resulting in a transferred balance of 39.57 acres coastal marsh
creation.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
a. &t,
Him D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome,USACE-Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
Ms. Cathy Brittingham
File AA
to ... .Eitiia watq.. Protectut kO r .� at&-
Lf
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center,Raleigh,NC 27699-1652 / 919-715-0476 / www.nceep.net

4
S1
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F.EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
June 23, 2005 CE
ittO
Mr. William D. Gilmore, P.E., Manager 2 3 20
Ecosystem Enhancement Program EH co, 0S
1652 Mail Service Center "NCE41ENTpR64/
O
Raleigh,NC 27699-1652 GR44
Dear Sir:
Subject: Currituck County. Bridge Number 8, SR 1245. TIP B-2536. CAMA
Permit Number 101-95.
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement
Program (EEP) provide compensatory mitigation for the above subject project. This
project, which is not listed in the MOA, is a project that NCDOT is requesting special
consideration of acceptance by the EEP.
The subject project located in Coinjock Bay was completed in 1997. The Division of
Coastal Management(DCM) Coastal Area Management Act(CAMA) Permit required
mitigation for the 0.17 acre impacts to coastal marsh from construction of the project. To
meet this past due mitigation requirement,NCDOT is requesting EEP to provide
mitigation of 2:1 for coastal marsh restoration or 3:1 for coastal marsh creation to comply
with the permit conditions.
The project is located in the Northern Outer Coastal Plain Physiographic Province in
Currituck County in the Pasquotank River Basin in Hydrological Cataloguing Unit
03010205. The coastal wetland impacts total 0.17 acre.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548

Please send a letter of confirmation to the NCDOT to verify that this mitigation will be
performed. If you have any questions or need additional information please call Phil
Harris at(919) 715-1428.
Sincerely,
, s
, cf,e,;_tio4
74"...a,44...c.,jf_____
fr— Gregory J. Thorpe, Ph.D.,
Environmental Management Director
Project Development&Environmental Analysis Branch
Cc: Mr. Phil Harris,P.E., CPM,NCDOT PDEA-NEU
Ms. Linda Fitzpatrick,NCDOT PDEA-NEU
File

CAMA Permit Commitment Review 1
LAMA
PERMIT DIVISIONID DCM RESPONSE/REQUESTS TO
TIP# # COUNTY LOCATION (STRICT MITIGATION CONDITIONS MITIGATION CONDITIONS(APRIL 29,2002) DOT COMMENTS/RESPONSE
Most work complete.Additional remedial Mitigation for project performed on the west side of Shipyard Road in Manns
R-2304 27-92 Dare US 64/264 1/1 Extensive Mitigation Commitments actions ongoing on one site. Harbor in 1999.Site has been closed out.
3,143 sf coastal wetlands impacted.Permit Appears that required up-front letter was not —.
required that letter of commitment be provided submitted,although DOT did later appear to As determined by RK&K and confirmed by NCDOT,no letter in file.RK&K
before construction begins and mitigation plan be hire a firm to search for mitigation sites.No info performed a site review on February 5,2003;the site had been restored with
Motts Creek,SR developed and implemented prior to expiration of in the file that sites were ever an 82.5%coverage.Recommendation:perform site inspection with the
B-2596 28-95 New Hanover 1100 3/3 permit. located/constructed. DCM and determine if any further mitigation will be required.
0.18 acre of impact from this project.CAMA Permit required a 1:1 mitigation
7,700 sf coastal wetlands impacted.Permit ratio for the impact.Debit Ledger for the Bogue Sound Mitigation Site shows
required that letter of commitment be provided 0.36 acre debited for this project(2:1).Debit Ledger will be corrected and
before construction begins and mitigation plan be the 0.18 acre of coastal marsh will be transferred to the Bogue Sound
Division developed and implemented prior to expiration of Commitment letter submitted 5/3/95.No info in Mitigation Site and given to the EEP for use on future NCDOT projects.
Project 38-95 Carteret Cullie Creek Bridge 2/2 permit. file that work has been done. Permit and Debit Ledger attached.
In an effort to expedite permit issuance,permit
was issued and required that a mitigation plan be All mitigation requirements have been completed.Per Jason Elliot,Lengyel
developed,completed and showing success in closed out in 2004.Monitoring on Sawmill continues.Debit ledgers for
accordance with monitoring plan.This Croatan Mitigation Bank and Sawmill and Lengyel sites are attached.
requirement must be met before any permits can Most all sites have been constructed. Monitoring reports for Lengyel and Sawmill attached.SAV pre-and post-
be issued for the New Bern Bypass project(also a Monitoring must take place until at least 2006. surveys have been performed.There was a loss of 2.02 acres of SAVs.
condition of 404 and 401 permits).Further details NOTE:1st section New Bern Bypass scheduled DOT proposed via letter to the USACE to mitigate for the loss of SAVs with
B-2531 81-95 Craven Neuse River Bridge 2/2 contained in 2/9/01 and 2/12/01 memos for 2003 LET in violation of permit conditions. placement of oyster cultch.
CAMA permit located(attached).No info.as to mitigation plan for the 0.17
Prior to project completion,a mitigation plan for acre of impact to coastal wetlands.Per Jason Elliot,no info.on any
0.17 acres of coastal wetland impacts must be mitigation performed for this project.Propose to request the EEP to accept
Bridge 8,SR 1245, provided to DCMICOE.Bridge work apparently mitigation for this project.Request DCM to accept EEP for mitigation;
B-2536 101-95 CurritucilW Coinjock Bay 1/1 done in 1997. No info.That work has been done. determine amount and conditions.
Mitigation for this project has been met.The Tucker Tract,Casey Tract,
Ballance Farm and the Dismal Swamp Site were all used to satisfy the
No work may begin until mitigation plan Appears that mitigation will take place at mitigation requirements.Per Jason Elliot,the Ballance Farm is proposed for
Tulls Creek at development and approved by DCM(3:1 for Ballance Farm Mitigation Site(coastal close-out this year.The Tucker,Casey,and Dismal have been closed out.
R-2228 124-95 Currituck Coinjock Bay 1/1 coastal wetlands,2:1 for 404 wetlands). wetlands). Debit Ledgers attached.
Project impacted 0.06 acre of impact.CAMA Permit required a 1:1
mitigation ratio for the impact.NCDOT mitigated 2:1 for the impact(0.12
2,800 sf coastal wetlands impacted.Permit acre).The Debit Ledger shows a debit of 0.24 acre for this project(4:1).This
Division SR 1300 Merrimon required that mitigation plan be developed and is an error in the debit ledger.R-2105AA should show a debit of 1.16 acres
Project 133-95 Carteret Rd. 2/2 implemented prior to expiration of permit. No info in file that work has been done. and it only shows 1.04 acres.Debit ledger will be corrected.
Per Jason Elliot,the Bogue Sound Mitigation Site(Sand Shoals)closed out
in 2002.This project had an impact of 1.02 acres of coastal marsh and the
NCDOT was required to mitigate at a 2:1 ratio for the impacts.The NCDOT
Appears that Bogue Sound Mitigation Site debited 2.04 acres of coastal marsh restoration from the Bogue Sound
Bridges St. Some impacts utilized a mitigation bank,rest to approaching sign-off after 6 years of (Sand Shoals)Mitigation Site.Monitoring report is attached.The Company
U-2226 50-96 Carteret Extension come from Bogue Sound Mitigation Site monitoring. Swamp was used for the 404 permit requirements.Close-out letter attached.

`�:.-.. .
f ermil M County Location Mitigation Conditions Outcome
27-92 ()are US 64/264 , Extensive mitigation cornmItivi,its Most work complete. Additional remedial actions ongoing on �- R...- ),30
one site.
3,143 sl coastal wetlands Impacted. Permit -
Appears the required up-Iron)conmrltmenl teller was not
required that teller of commitment be provided •
28-95 New Hanover Molts Creek,SR 1100 before construction begins end mitigation plan submitted,although DOT did later appear to hire a fern to _ )t 7" q f)
• be developed and Implemented prior to search for mitigation sites. No Info In the file Ilia!sites were l
expiration of permll, ever localedlconslrucled.
7,700 sl coastal wetlands Impacted- Permit ,i?/7 •
•
required that teller of commitment be provided •
Commilntent teller submitted 5/3/95. No Into in file Iltal work -- Ni 95 Carteret Cullie Creek Bridge before cohslruction begins and mitigation plan hp�been do e. f v 0J •
" " iJ�b 1-,'f
be developed and Implemented pilot to p /
expiration of permit. • it r 2 i e _2x- ' 4)(5/1 /3/6\ •
in ellorl 10 expedite permit Issuance,permit was'
issued and required that a mitigation plan be •
developed,completed end showing success In •• '
accordance with monitoring plan. This Most/all sties have been constructed. Monitoring must lake
0I 95 Craven Neuso River Bridge requirement must be met before anyplace until at least 2006.
• q permits NOTE: 1st section New Bern Bypass scheduled for 2003 let.can be Issued for the New Bern Bypass project In violation of permit conditions.
�' (� c
(also a condition of 404 and 401•permits).
Further details contained In 219/01 end 2/12/01
memos(attached). . .
Prior to project completion,a mitigation plan Ior _
•
101-95 Curriluck Br.0,SR 1245, O.If acres of coastal wetland Impacts must be No Info In file Mal work has been done. IJ tz 53
Coinjock Bay provided to DCM/COE. Bridge work apparently
.r done In 1997.
Plo work may begin until mitigation plan L J) (/., h,
Tolls Creek al Coinjock Appears that mitigation will lake place al Balance Farm Al I6r- l,),t r�,,r.:
f 124.95 Currituck developed end approved by DCM(3:1 ion
Bay Mitigation Slle(coastal wetlands). r\- Z Li(
coastal wetlands,2;I for 404 wetlands►.
2,800 sl coastal wetlandsL Impacted. Permit J l7� �L % r^ j
133-95 Carteret SR 1300 Morrtnron Rd. required That mitigation plan be developed end NO Info In file that work has been done. P ( rc E'. "� /
_ implemented prior to expiration of permit.
50-96 Carlerel Midges Street Some impacts utilized a mitigation bank,rest to Appears that Bogue Sound Mitigation Site approaching sign- — Lit -. (CI
Extension come from Bogue Sound Mitigation Site oil after 6 years of monitoring.
US 17 bridge,Chewer'
("` 80-96 Chowan Mitigation required for any project-related loss of No Into In file that work has been done-
River ^1 1) Pre and post project SAV monitoring. _ `�s r
SAV's
V 2) Temp.wetland Impacts must be monitored
for 1 years.and II area has not re-allalned I/o Info In file that monitoring has been done
lurisdicllorral status,a compensatory m111g0an
plan may be needed. „1
3) Mitigation to be done In accordance with No Info In file Thal mitigation efforts have been completed,but .i,l�•
COE permit(18.6 acres total,5 acres believe That on site effort has been completed. 1.3 years of �y�.1r ;
restoration on site,rest at mitigation banks). nioniloring expected.
NC 1 illlC 53,Black Prior to completion of project,DOT must •
1 14-96 render/0laden develop a plan to oflse4 Q.68 acres of swamp No info In file that work Iras been done. — (3 __ ,k q (
River forest Impact. , .)
Prior to project completion,a mitigation plait Deer Creek mitigation site has been constructed,but
146.96 Carteret NC 24 must be developed and provided to DCM for remedial actions are required end underway. Al least 5 years -- :- '�� {
�iproval. of oddlllonal mm�ilodne will be required, I1,r

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I
INTRODUCTION
Rummel, Klepper, and Kahl, LLP conducted a review of the North Carolina
Department of Transportation's (NCDOT) mitigation commitments to the Division of
Coastal Management (DCM) for 33 transportation related projects. The project period
spanned the ten-year period from 1992 through 2002. RK&K thoroughly researched
files located in the PD&EA Branch of NCDOT as well as NCDOT archive files to locate
Coastal Area Management Act (CAMA), United States Army Corps of Engineers (COE)
and Division of Water Quality (DWQ) permits as well as mitigation plans and monitoring
reports, where applicable. Following this background review, RK&K personnel
conducted interviews with PD&EA personnel regarding specific projects. RK&K then
visited NCDOT Division and/or District offices as necessary to acquire as much
supplemental information as possible. Field visits to project sites consisted of visits to
temporary impact areas and any transportation projects containing on-site mitigation not
documented in annual NCDOT monitoring reports or mitigation bank debit ledgers.
The following report summarizes RK&K's findings. Each of the 33 projects is
described beginning with an executive summary of the project. The summary is followed
by a timeline listing dates that NCDOT received CAMA, COE and DWQ permits as well
as any significant dates pertaining to mitigation. The timeline is followed by a listing of
commitments quoted directly from the permits. Commitments are sorted into categories
by permits and subsequent modifications and/or refinements that affect compensatory
mitigation. This list represents documentation retrieved from NCDOT files. RK&K was
unable to locate all permits and modifications for all 33 projects. Permits or
modifications that did not address mitigation are not included in the list. Following permit
commitments, each project contains an update on the mitigation status and
recommendations of actions necessary to satisfy project commitments. It is possible
that additional measures have been taken by NCDOT to complete DCM mitigation
commitments and this information was not available at the time of RK&K's review.
Documentation of mitigation credits debited for specific projects is included, if applicable.
Throughout this document, reference to the "master" debit ledger refers to the wetland
debit ledger maintained by Mr. Phil Harris, P.E., Manager, NCDOT Office of Natural
Environment.
I
I
I
I
I
I
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B-2536 CAMA Permit No. 101-95
Executive Summary
NCDOT constructed a replacement of Bridge No. 8 on S.R. 1245 (T.I.P. Project
No. B-2536) adjacent to Coinjock Bay in Currituck County, North Carolina. There were
approximately 0.17 acres of coastal wetland impacts associated with this project. During
RK&K's research, no mitigation plan or evidence of compensatory mitigation was found.
It is possible that NCDOT never fulfilled their obligation to mitigate for the 0.17 acres of
coastal wetland impacts that occurred as a result of this project. RK&K recommends that
NCDOT schedule a meeting with DCM to discuss these findings.
Project Description
NCDOT constructed a replacement of Bridge No. 8 on S.R. 1245 adjacent to
Coinjock Bay in Currituck County, North Carolina. The project consisted of replacing the
existing bridge and placing riprap material along the shoreline for stabilization. This
project impacted 0.17 acres of coastal wetlands.
Project Timeline
• August 7, 1995: CAMA Permit No. 101-95 issued.
• March 10, 2003: RK&K field review completed.
Permit Commitments
CAMA Permit No. 101-95 issued 8/7/95
15) Prior to construction of the project, a mitigation plan to offset the loss of coastal
wetland impacts will be submitted to the Division of Coastal Management and the
U.S. Army Corps of Engineers for Approval.
16) Implementation of the approved mitigation plan must commence prior to the
completion of the project.
Mitigation Status
During RK&K's research on this project, no mitigation plan or evidence of
compensatory mitigation for 0.17 acres of coastal wetlands was found. RK&K field
reviewed this project on March 10, 2003. The site has good vegetative coverage
(approximately 70%) consisting predominantly of black needlerush (Juncus
roemerianus) and occasional Phragmites australis. Photos are included below:
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B-2536 (3/10/03): Northeastern bridge quadrant.
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B-2536 (3/10/03): Northeastern bridge quadrant.
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Recommendations
It is possible that NCDOT never fulfilled their obligation to mitigate for the 0.17
acres of coastal wetland impacts that occurred as a result of this project. RK&K
recommends that NCDOT schedule a meeting with DCM to discuss these findings.
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CAMA Permit No. 27-92 issued 3/4/92
TIP No. R-2304
Dare County
Project Name: US 64/264
Project Description: Improvements to US 64/US 264 between NC 345 and US 158.
Recommendations: RK&K was unable to locate any information specifying the number
of impacts associated with this project or the location of compensatory mitigation.
NCDOT should provide documentation to DCM updating the status of wetland mitigation
and shellfish bed enhancement for this project. In addition, the NCDOT "master" debit
ledger should be modified appropriately.
CAMA Permit No. 101-95 issued 8/7/95
TIP No. B-2536
Currituck County
Project Name: Bridge No. 8 on SR 1245
Project Description: Replacement of Bridge No. 8 on S.R. 1245 adjacent to Coinjock
Bay. The project consisted of replacing the existing bridge and placing riprap material
along the shoreline for stabilization.
Recommendations: During RK&K's research on this project, no mitigation plan or
evidence of compensatory mitigation for 0.17 acres of coastal wetlands was found. It is
possible that NCDOT never fulfilled their obligation to mitigate for the 0.17 acres of
coastal wetland impacts that occurred as a result of this project. RK&K recommends that
NCDOT schedule a meeting with DCM to discuss these findings.
CAMA Permit No. 124-95 issued 9/22/95
TIP No. R-2228
Currituck County
Project Name: Tulls Creek at Coinjock Bay
Project Description: NC 168 from SR 1215 to Virginia State Line.
Recommendations: RK&K located two separate permits (Nos. 139-94 and 124-95) for
this project. It is unclear from the monitoring reports which mitigation is associated with
CAMA Permit No. 139-94 and which mitigation is associated with Permit No. 124-95.
NCDOT should continue to monitor Dismal Swamp, Ballance Farm, Tucker Tract and
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