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NCDOT 19-02 Mitigation White Oak River (2)
Cedar Point and Swansboro Subject: Cedar Point and Swansboro Date: Tue, 20 Mar 2001 09:24:15 -0500 From: Cathy Brittingham <Cathy.Brittingham@ncmail.net> Organization: NC DENR DCM To: David Timpy <david.l.timpy@usace.army.mil> CC: Tere Barrett <Tere.Barrett@ncmail.net>, Kelly Williams <Kelly.Williams@ncmail.net>, Phillip Todd <ptodd@dot.state.nc.us>, bill arrington <bill.arrington@ncmail.net> Hi Dave, RE: your question about the status of DCM's review of the CAMA major permit application for the Cedar Point and Swansboro mitigation sites. Tere Barrett, DCM Field Representative, met with Phillip Todd on December 15th about several DOT mitigation sites, including the CAMA major permit application for the Cedar Point and Swansboro mitigation sites. Tere wrote a follow-up letter to Phillip on December 18, 2000 in which she stated that she and Phillip went through the application and plats for both sites. Tere states in her letter that she and Phillip discussed the requirements for plats for this type of project, and the necessity for two complete applications (beyond the MP-1 sheet) since the proposal is for two distinct creation sites in two different counties. Tere further states in her letter that the CAMA major permit application for the Cedar Point and Swansboro mitigation sites is on hold until completed information is received. DCM has not received any additional information from DOT about the Cedar Point and Swansboro mitigation sites since Tere and Phillip met on December 15th. DCM's permit review will not officially begin until the CAMA permit application is accepted as complete by the DCM Field Representative. Cathy Brittingham Transportation Project Coordinator NC Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919) 733-2293 X238 phone (919) 733-1495 FAX 1 of 1 3/20/01 9:25 AM • NORTH CAROLINA DEPARTMENT OF ©V ENVIRONMENT AND NATURAL RESOURCES _ DIVISION OF COASTAL MANAGEMENT NCDENR December 18, 2000 JAMES B. HUNT JR. NC Department of Transportation GOVERNOR Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, NC 27699-1548 BILL HOLMAN Attn: Mr. Phillip Todd SECRETARY Dear Phillip, f I wanted to write you a quick note to document our rather lengthy meeting on Friday afternoon, DONNA D. MOFFITT December 15, 2000. We met to discuss the application you have submitted on behalf of the DOT for DIRECTOR marsh creation at the Swansboro and Cedar Point sites. Additionally, we discussed the proposal for modification of the Deer Creek mitigation site, and briefly discussed the status of the Bogue Sound mitigation island. I wanted to summarize our meetinc. The Deer Creek modification plats do not indicate the existing site specific characteristics, such as the normal high water contour. The proposal has some conflicting numbers regarding property acreage, and is S5O.O0 shy of meeting the fee requirement. We discussed the on-going problem with the Bogue Sound mitigation island. As I relayed to you, Kelly Williams, Brad Shaver and I visited the site on November 16, 2000. Although the marsh appears to be healthy, there are still the ongoing issues about the mix of high and low marsh, and the approved elevations versus the constructed elevations. We (US Army Corps of Engineers, NMFS, and DCM) requested some time ago an"as built" plat showing topography and species, and have yet to receive it. Consequently, the question about whether this marsh replaces the communities it was constructed to replace still exists. � � ��l G RS n rG a4 - nt' Lastly, we dealt with the issue you came down for. the current major permit application. I will not go over all of the details, as we went through the application and plats for both sites pretty specifically. We discussed the requirements for plats for this type of project, and the necessity for two complete applications (beyond the MP-1 sheet) since the proposal is for two distinct creation sites in two different counties. Both the modification to the Deer Creek project as well as the marsh creation projects are on hold unti I completed information is received. By the time you receive this letter, you should have gone to Aruba, and then a snow skiing trip. I hope you are well rested. My headache mysteriously left after you did. Take Care. Sincerely, T. Barrett Cc: Ted Tyndall Brad Shaver Kelly Williams Cathy Brittingham 'IH Aa4EIILA 4 MOREHEAD CITY OFFICE HESTRON PLAZA II, 151-6 HIGHWAY 24, MOREHEAD CITY NC 28557 PHONE: 252-808-2808 FAX: 252-247-3330 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 DOT mod.request and permit appl for mitigation sites assoc.with NC 24 Subject: DOT mod. request and permit appl. for mitigation sites assoc. with NC 24 Date: Mon, 06 Nov 2000 14:56:59 -0500 From: Cathy Brittingham <Cathy.Brittingham@ncmail.net> Organization: NC DENR DCM To: Tere Barrett<Tere.Barrett@ncmail.net> / WI e-014/0. fo CC: Kelly Williams <Kelly.Williams@ncmail.net>, 1 I� Doug Huggett<Doug.Huggett@ncmail.net> /0/3//e0 akc-- (70'4 en1 5/0cIngix)CD Hi Tere, �p Kelly and I had an impromptu meeting ith Phillip Todd of NC DOT last week. He called with some questions related to CAMA permits for Cs1C 24 and associated mitigation sites. He asked if he could come over to talk with us on very short notice. I am sorry I wasn't able to touch base with you before our meeting. Here is a summary of what we discussed, along with a status report on the relevant modification request and permit application: 1. Currently, the mitigation plans for Deer Creek, Cedar Point and Swansboro are outdated. They do not contain changes reflected in letters, meeting minutes, verbal agreements and more recent design plans. We told Phillip that all of the mitigation plans need to revised so that they are self-explanatory as stand-alone documents. 2. DOT plans to re-submit a request to modify CAMA permit No. 146-96, NC 24 from W. of Broad Creek to just W. of Hwy 58,R-2105AB in order to construct the Deer Creek mitigation site. This permit was renewed on 5/30/00 until 12/31/01. When DOT submitted a modification request last fall to construct the Deer Creek mitigation site, we requested a revised version of the mitigation plan prior to processing the modification request. This is because so many changes had been made since the mitigation plan was prepared in January 1999. A revised mitigation plan was never received. On 4/6/00, DOT conducted an on-site agency meeting to review the changes in the mitigation plan, and to seek agency approval. DOT received verbal approval that day from those present (COE,DCM and NMFS if I remember correctly). DOT then said they would revise the mitigation plan and circulate it for approval. The revised mitigation plan was never received. Phillip is preparing to re-submit the modification request. Kelly and I reminded him that we had previously requested a revised mitigation plan. Phillip will make the necessary revisions in the text of the mitigation plan, and substitute the figures currently in the plan with more detailed design plans that he went over with us last week. Kelly thought this would be adequate. 3. You should be receiving soon from DOT a major CAMA permit application to construct the Cedar Point and Swansboro mitigation sites. Phillip plans to complete the MP-1, Excavation and Fill, and Structures forms. He will include a narrative with the application package, and will also include revised mitigation plans. The text of the mitigation plans will be revised, and the figures in the current versions of the mitigation plans will be substituted with more detailed design plans. Tere - Phillip had a question about the Cedar Point site that Kelly and I wanted to ask you about: DOT will be creating a new channel through existing marsh. DOT needs to know how much of the impacts to existing marsh caused by creation of the new channel need to be substracted from available mitigation at the site. Kelly and I told him we thought it would be reasonable to subtract the permanent impacts, i.e. the channel itself. Temporary wetland impacts caused by machinery, trampling, etc. in creating the channel would not be subtracted provided that temporarily impacted areas reattain their jurisdictional wetland status. Monitoring of temporarily impacted areas would be a permit condition. Temporarily impacted wetland areas that do not reattain jurisdictional wetland status within a pre-defined timeframe (3 years?) would be subtracted 1 of 2 11/6/00 2:57 PM DOT mod.request and permit appl. for mitigation sites assoc. with NC 24 from available mitigation. I told Phillip I would check to see if you agreed with this approach. What do you think? 4. Condition #2 of CAMA Permit No. 52-00, NC 24 from Swansboro to west of the NC 58/NC 24 intersection, R-2015AA, reads as follows: "Prior to completion of the AA Section of NC 24, the permittee's mitigation proposal must be accepted by the N.C. Division of Coastal Management (DCM), in coordination with the U.S. Army Corps of Engineers (COE) and the N.C. Division of Water Quality (DWQ), or the applicant must perform other mitigation to replace the loss to be incurred by this structure, with the approval of DCM, COE and DWQ." DOT proposed to use mitigation at the Bogue Sound Tidal Marsh Restoration Site. DOT stated in their permit application letter that they would forward a topographic map of elevations and planting limits when the information on the site is collected. Kelly and Tere - did you ever receive this information? Prior to issuing the CAMA permit, you and Kelly expressed some concerns about whether the Bogue Sound site provides acceptable mitigation for all of the impacts associated with CAMA Permit No. 52-00. Specifically, there is a question about whether they have the right amount of low marsh there to cover their impacts. Kelly tells me that you and she are conducting a site visit of the Bogue Sound Site on November 16th. If you like, I can take yours and Kelly's recommendations after your site visit and draft a letter to DOT explaining our position on the suitability of the Bogue Sound site for mitigation of impacts associated with CAMA Permit No. 52-00. I am sorry this e-mail is so long. I will call you this week to follow-up on the question about subtracting marsh impacts from available mitigation at the Cedar Point site. jul e-a i v 5 A g - c A/14A pec-0,1i1- A/5. 12/6 - g 0 c- c •e Soun C G. e Vs rv � — CA/l.q INS q/ 6.0 J nc()^e. Sov L IC S. 2 of 2 11/6/00 2:57 PM CEDAR POINT MITIGATION SITE FINAL MITIGATION PLANNING REPORT T.I.P. No. R-2105 WM �rsm ����' a T l a✓� 0,(\ 4-Lt ())1)\ os J aS c 1-1 North Carolina Department of Transportation Project Development and Environmental Analysis Branch One South Wilmington Street, Post Office Box 25201 Raleigh,NC 27611 Issued: November 2000 1.0 INTRODUCTION & GOALS The North Carolina Department of Transportation (NCDOT) proposes to construct a low marsh compensatory mitigation site at Cedar Point, North Carolina. This site will be used as compensatory mitigation for future impacts to marsh communities and essential fish habitat in the White Oak River Basin. The Cedar Point Low Marsh Mitigation Site is located on the northeast side of NC 24, at the south end of the bridge crossing the White Oak River (Figure 1). The site totals 14.34 acres which includes an upland peninsula, 1.07 acres of upland adjacent to NC 24, and 12.92 acres of an existing tidal marsh community. The mitigation concept for this site focuses on maximizing the restoration of low marsh. Therefore, this project has been designed to include the following components; 1) excavating uplands to appropriate elevations for the establishment of low tidal marsh, 2) constructing a breakwater structure and 3) creating a channel to provide tidal exchange throughout the mitigation area and insure long-term success. 2.0 PROJECT APPROACH The Cedar Point mitigation site has been designed to maximize restoration credit of low marsh. Site design for the Cedar Point mitigation site considers the constraints imposed by adjacent properties and the existing marsh. A channel has been designed to originate from an open-water location along the western site boundary, continue throughout the interior of the site and exit at an open-water location along the eastern property line. Existing on-site plant species or"biological benchmarks" were used to identify the vertical positioning of planting zones, while species selection for each zone is consistent with the flora found on or in the immediate vicinity of the site. Plan and cross sectional views of the Cedar Point site are included as Figures 2, 3, and 4. 3.0 EXISTING CONDITIONS/ELEVATIONS The existing 14.34 acre site consists of two community types; an upland area that is adjacent to NC 24 and includes the peninsula area, and approximately 12.92 acres of an existing tidal marsh with low and high marsh components. The existing upland portion of the site is dominated by early succession grasses and shrubs. The area adjacent to NC 24 appears to be irregularly maintained. Smooth cordgrass (Spartina alterniflora) dominates the existing marsh component of the site. Other plants that are part of this community include grasses and shrubs such as wax myrtle (Myrica cerifera). Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 1 of 4 Existing site elevations range from 0.07 feet along the lower limits of the existing salt marsh to 7.00 feet+/- at the NC 24 right of way that occurs along the southern boundary of the site. The average existing site elevation is approximately 5.00 feet. Salinity data provided by NCDOT for the Cedar Point area indicates values which range from a low of 7 ppt to a high of 30 ppt. This broad range is most reflective of the local hurricane activity that occurred during the two months for which data was collected (August to September 1998). 4.0 BREAKWATER STRUCTURE The existing peninsula protects the existing marsh community from winds blowing across White Oak River. The peninsula will be replaced with a backwater structure. The structure will consist of Class I Rip Rap underlain with filer fabric. The location and a cross section of this structure can be found on Figure 3. 5.0 PROPOSED MITIGATION COMMUNITIES Two transects were used to established biological benchmarks. These transects extended from lowest to highest elevations within the existing marsh. Sample points were selected along each transect to represent the lower and upper boundary of the low and high marsh. Plant species were inventoried, and the elevation of each sample point was obtained by survey. The plant species and elevations selected for the marsh restoration effort resulted from the use of the biological benchmarks. 5.1 Low Marsh Hydrology to the site will be provided by the construction of a channel through the site. The channel has been designed to originate from an open-water location along the western site boundary, continue throughout the interior of the site and exit at an open-water location along the eastern property line (Figure 2). The bottom of the channel has been set at an elevation of-0.65. Construction of this channel necessitates extending the channel through a small portion of the existing marsh. Impacts have been minimized by limiting grade work to hand removal. As a consequence, 0.038 acre of low marsh will be converted to open water, and 0.072 acre will be impacted by hand clearing. The area converted to open water will be mitigated for on-site. The low marsh component of the site, consisting of smooth cordgrass (Spartina alterniflora), will be planted within the elevation range of 0.35 to 1.20 feet. This planting will occur on both the seaward and landward sides of the channel(Figure 2), as well as to the northeast of the proposed breakwater(Figure 3). The low marsh restoration component totals 0.38 acre. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 2 of 4 5.2 High Emergent Marsh A high marsh area has been proposed above the low marsh areas. The proposed high marsh area extends on the landward side of the channel as a transition between the low marsh and upland. The proposed elevation of the high marsh component lies between an elevation 1.20 to 2.00 feet. Species planted within this community type include saltmeadow(Spartina patens). The high marsh restoration area totals 0.42 acre. 5.3 Upland Transition An upland transition area will be planted above the 2.0 elevation of the high emergent marsh. This zone will be located along NC 24 and the eastern property line. Two shrub species, marsh elder(Iva frutescens) and wax myrtle (Myrica cerifera), will be planted. Bald cypress (Taxodium distichum) will be planted along NC 24. 6.0 MONITORING PROCEDURES Emergent marsh vegetation will be monitored at randomly located sample plots using GIS software. The location of the sample plots in the field will be determined using realtime GPS. A minimum of ten 1.0 m2 sample plots will be located in the planted areas. Vegetation at the site will be monitored for five years, or longer as necessary, following the completion of planting. Hydrologic monitoring protocols will involve the use of a surface water monitoring gauge located within the larger restored area of the site and a second gauge located in open water seaward of the existing marsh along the east side of the peninsula. Hydrologic data will be collected for three years after construction or until success criteria are met. 7.0 SUCCESS CRITERIA The success of the marsh creation project will be evaluated using the frequency and average percent cover of emergent herbaceous vegetation. The site will be considered a success if the calculated value for frequency is 0.5 and the calculated value for average percent cover is at least 80% by the end of the fifth growing season. Frequency will be determined by f=nx/n;, where f= frequency, nX number of plots where emergent herbaceous vegetation occurs, and ny=total number of plots. Average percent cover will be determined by c=Ec/n, where c=average percent cover, E,=the sum of estimated foliar cover for all plots, and n=the total number of plots. If Phragmites appears in any monitoring period, in more than two sampling plots, then NCDOT will consult with the U. S. Army Corps of Engineers to develop potential control measures. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 3 of 4 The site will be considered hydrologically successful when the hydrology of the site is flooded twice daily with elevations and durations consistent with those outside the mitigation area. Success will be determined from data taken from surface water monitoring gauges located in the site. It is expected that the surface water(flooding) regime will be the same as that measured for the biological benchmarks for Spartina alterniflora, since the plant community's zonation reflects long term tidal fluctuations. 8.0 ESSENTIAL FISH HABITAT Effective fish habitat (EFH) is defined in the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) as "those waters and substrate necessary to fish for spawning, breeding, feeding or growth or maturity." Marsh habitat provides areas for fish spawning, breeding, feeding or growth or maturity. The NCDOT believes that the Cedar Point Mitigation Site will provide compensatory mitigation for future impacts to EFH. 9.0 CONCLUSIONS The Cedar Point Mitigation Site will provide "up front" mitigation credit for future impacts to marsh communities resulting from road projects. The NCDOT understands that risks are involved in constructing the site without identifying a mitigation "need" at this time. As mentioned earlier, impacts to the existing marsh community area necessary to connect the project hydrologically to the existing marsh. Impacts have been minimized by limiting grade work to hand removal. Impacts to the existing marsh total 0.038 acre from conversion to open water, and 0.072 acre will be disturbed by hand clearing. The NCDOT will mitigate for conversion to open water on-site, and does not intend to mitigate for areas impacted by hand clearing. Table 1 summarizes marsh mitigation credits that will be generated by constructing Cedar Point Mitigation Site. Credits at the site are "restoration". Table 1.. Summary of Mitigation at Cedar Point A/litigation Site Mitigation Type Species Planted Mitigation Area Mitigation Credits Low Marsh Restore S. alterniflora 0.34 acre* 0.17 acre* High Marsh Restore S.patens 0.42 acre 0.21 acre Totals 0.76 acre* 0.38 acre* "*"indicates that 0.038 acre(at 1:1 ratio)of low marsh has been subtracted from this total to compensate for construction related impacts to existing marsh community. Cedar Point Mitigation Site November 2000 Final Mitigation Plan Page 4 of 4 2wat VII ..m. Nom. min :AIM =MEM I MIMI IIMMIM ,i=mei \A i . 1•___J . / .•I ---,1'M ....,,, ii."."- 1 vk k - .._,.- n• eq ri(k )\-' I ‘ .11_, _d ,,.".--•1-1-r----='. Air-----,c, i \ ,.,,,-,..::1....E.,,K.c'zi,Jr\-`4 ss. ,z;:,-, ' ----"\-._ ----- ‘' , __ - IN---='"'' ''''--- ' - . 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No. P..-a•�oswM 'o •in 1= .Z N`%ii a 1s iqG i coMM,VIJI� T`IT�L A cc, £�-��cI`1 - i CEDAR POINT TIDAL WETLANDS MITIGATION AREA l.Otu M�SI'4 O. 8`k WSJ0- ' �o 1.301 -�I s, i p NOTE: ,. .: /�AnC .// CONTRACTOR SHALL NOT MOVE OR OPERATE c0 {•+�� 1, �C� �'� ANY MACHINERY IN THIS AREA.ALL WORK, O-tia. ate, INCLUDING MINOR GRADING AND REMOVAL OF ifr DEBRIS.SHALL BE PERFORMED BY HAND. QQ�t04.ID CONTRACTOR SHALL AVOID ANY DISTURBANCE N/F TO EXISTING WETLANDS VEGETATION IN THIS JOHN.R.& / • AREA.COORDINATE CONNECTION TO EXISTING �C� •�w�• LOIS B.JONES / CONTOUR,AS DIRECTED BY THE ENGINEER. • • i • i EDGE OF EXISTINGMARSH ,i i/e,,,,, _.- ........ •_. 4. lif �, ©t -� .., -iii :-- Ifi• HN W. .\'. - ............., PritillIP. :1-.......:::--11. _...............------------------------------------------------------- 0l1N/F ..� R • =50 • -) - ''�N o I1 ��`` /� ..- :- ::::=• :: ' .. -�: LIMITS OF A GRADING Idir, p ' ir-' ' % 2 0.35 ` I . Ori,:,: I 0.3 . 2.- 1.20 l - II EXISTING R/W ..-- .tilt. -- • I. _.. , -------•------ - PROPOSED R/W ::, ..� {•. /;,... o._ r `- -- J. EXISTING R/W cn------- 4./1N r Q � ' •'� c. LREV w cn N O` 0 I. SEE PROJECT SPECIAL PROVISIONS FOR EXCAVATION AND ; GRADING REQUIREMENTS. ---1-_L NC HWY 24 _ _-___ GRAPHIC SCALE I'=20' 2. BENCH MARK: l STA.6T+04 43'RT -� ------- I ------------------ R.R.SPIKE IN PP ELEV.= 5.68' NAVD 29 �` 210 � I I 0 2I0 40 60 4. CONTRACTOR SHALL PROVIDE A SMOOTH TRANSITION EXIST.EDGE OF PAVEMENT V PROPOSED EMARSH GRADES TO BES CREATED. AND p s < s e M —+ pjAe, l - •O N O N O (J/ V� III U, O N 0 p a a 4 v I N N N A 1^ M 9 Q v :tip, 4 Oµ v° A if(1)J .....................3a A - 4 A 1 m y1� m 7ei W p1 x. a o a Z j IN< ct (Ac va • x ej( $2 Z. %' o a ,\ °= ¢ 0. \V i W • \ ' c'-- .. - \ £ Li 0 00 • N O n a m r;lin) i ' "1 � � � o ra N 411 • N O O _I•_i- e(-D • 0::-..... , \\SI\ 0 1 V QO CD N C' N • • • • ‘‘\ I �1y >0--'OOZ2f7Z J• N OOO mnm00 ! , �f'� n o zmr-az-i �� JI V omm i�om<-im �gxny o <n'' s fin' =�n� til �1, . , • r. V s -1 �xa �m n N N N N N N N N r �ZN=m>• m T 0�1 0�1 Obi T ONi 0�i C7D• Z 0 O. CO — Oo a w m m vr m o OZwor.*m1l C� N 01 N OO N 01 W w n m. r Ooy a m V+ m ..22 -- 00, = 0 2Z OMD ii t, N 0 0 0 0 0 `S S o o c ovm -n• m C n D o m < m n n c �1 C -% I > A O Z f ,nD co Q -h 111 mop m A� j Z 11 m m m m m Z J yo, ^ Z Z .4 1/L" o N rw'T �q zD1 = %M.O.° Mr- y X,n N Z O PROJECT REFERENCE NO. SHEET NO. I REVISIONS maim WINE • F 8' • R/8 SHEET N0. pQQ _ �T M��C- �T��1 Fes , ROAEN I DESIGN HYDRAULICS I1 ENGINEER ENGINEER �� �YJ. �-,ls s- l jM 0.35 �ti'CA' t's1 CV ets/ A. Q Zs'..--" I -0.65 c�SE A L 9 4 3141 9215 . �F .�q,4 t�G�vZ4 „ SECTION D-D1 Langley. and McDonald, Inc. N.T.S. �II U�IJ LOMWO af.c S • Environmental onslt,t* I MGM.DEAO4 sLWiSWMG CED • AR POINT TIDAL WETLAND DA MITIGATION AREA —�-rim COORDINATE COONECTION TO DOS-.GRADE — - EXISTING AS DIRECTED BY 4 4 i -- - / - -- 0 MI 0 lifi&M OP.GRAD, — Elm 10+00 11+00 12+00 13+00 14+00 , DITCH PROFILE Iz 12 2 12 PROPOSED R/W - PROPOSED R/W T--= = I — IPROPOSEO R/W EXIS T.MARSH PROP.MARSH EXIST.MA�511 f RfP.i.FARSH NC 24 — — - _-- PRO).GRADE q ` — —�(C 24 -- g Alr 94 — g g `-EXIST.GRADE! B - — — } -- - - --- --- - -- - — - -� 1 _ — EXIS'.GP.ADE -- a 4 'iI 4 _-- — q I _— _ EXIyT.GRADE PFOP.GRADE _ - l - --- -.- __ _ •-------- -- - --- - —_ 0 J 1 - -1_- 0 e , PROP.GRADE — • _ urn O EN! _•-M N I O c0 O 0 q — ate, -- V O tl O I • lV— +100 oti O r V +0 +200 +100 +0 +200 +100 +0 56+00 57+00 58+00 12 I2 12 —� PROPOSED R/W IZ_ PROPOSED R/W � _ ___— PROPOSED /W —N— _—._—.- - — NC 24 EXIST.MARSH POP.MARSH EXIST.MARSH PROP.MARS i---- 1 = vC 24 — E>'IST.MARSH PROP.MARSH - - — UC 24— 8 g 8 =Mr ' ' a '` a — I' n EXIST.GRADE , i � . EXIST.GRADE _ --- PROP.GRADE I -' PROP,GRADE --_ o 0 ` Q L - ---- - 0 — — PROP.GRADE Eo I it O N ,.�j(D rj N O M ---0 M M N O 0 O N M c0,N^ N O - __ —� r---�-- O CO � _ o o rn 100 +100 +0 +200 +100 +0 +200 + +0 STA. 55+50 56+50 GRAPHIC SCALES: 57+50 HORIZ.SCALE: I'=20' 20 20 40 60 VERT.SCALE: I'=4' 12 L&M PROD • /960024-20 1.00 L&M DWG • 30546-F J • ; G CAMA 25 21ecrss September 7, 1999 Phillip Todd NC Department of Transportation P.O. Box 25201 Raleigh, NC 276 I 1-5201 Phillip: This letter follows your request for comments on the Cedar Point Marsh Mitigation Site, Concept Report dated July 1999. 1. This plan describes the creation of 0.29 acres of low emergent tidal marsh and 0.03 acres of high marsh with the inclusion of an open water channel. The proposed site design seems to adequately describe the planned marsh creation and should provide for a total of 0.32 acres of mitigation. Since no ratios are described in the plan, I will assume this detail will be discussed at the time the site is proposed for use. Since the action proposed is creation, I would recommend a ratio of 3:1 for this site. Also, although the impacts from this marsh creation to the existing marsh at the Cedar Point site are small, you will likely be required by DCM under CAMA to add these marsh impacts to your impacts associated with the NC 24 highway construction project. 2.Monitoring the hydrology on the site for"no more than one year" is not acceptable. Most marsh sites' hydrologic regimes are monitored for a minimum of three years or until success criteria are met whichever is longer. If you have specific reasoning behind this shortened monitoring time, please explain. DCM recommends a monitoring period of three to five years for hydrology mainly for the purpose of monitoring the sites' hydrologic stability, especially in the vicinity of the open water channel. Although the marsh creation proposed seems to be suited for this particular site, DCM's support of the creation of wetlands on this site will be determined during the CAMA permit review process once a permit application has been submitted by NCDOT. Tere Barrett of DCM's Morehead City office, is the Coastal Management Representative that will handle the CAMA permitting for this mitigation site. The above comments are general comments on the proposed marsh creation and success criteria. Any questions regarding whether this site can be accepted as mitigation for the impacts from the widening of NC 24 will need to be addressed to Ms. Barrett. North Carolina Department of Environment and Natural Resources • James B.Hunt Jr.,Governor • Wayne McDevitt,Secretary Division of Coastal Management • Donna D.Moffitt,Director P.O.Box 27687,Raleigh,North Carolina 27611-7687 • Phone 919-733-2293 • http://dcm2.enr.state.nc.us Thank you for the opportunity to comment on this plan. If you have any questions about these comments please call me at(919) 733-2293. Sincerely, elly illi , PWS Wetland Restoration Specialist cc: Tere Barrett, NCDCM, Morehead City Scott McLendon, USAGE, Wilmington aa TO: A/J,lzc /24-y5 f G l DATE: // FROM: ,4i ,,Mc/2.7 ,5 SUBJECT: A2?_ 02 L14, 7 C 4-01 RESPOND BY: For Your Information For Action Comments Required For Review Date Rec'd by Reviewer: Reviewer's Signature: �Q Date Completed by Revie r: 9 h, „1abeL, edoc i ' • State of North Carolina Department of Environment and Natural Resources • Division of Marine Fisheries James B. Hunt, Jr., Governor Bill Holman, Secretary NCDENR Preston P. Pate, Jr., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 September 1999 MEMORANDUM TO: William D. Gilmore, NCDOT, P.E. Manager Planning and Environmental Branch N.C.Division of Highways P.O. Box 25201 Raleigh, NC 27611 FROM: P.A. Wojciechowski ,•A, SUBJECT: MITIGATION PLANNING DOCUMENT FOR THE SWANSBORO AND CEDAR POINT MITIGATION SITES, TIP NO. R-2105 WM Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc permits\ad minlsbcoverJtr P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper CEDAR POINT TIDAL WETLANDS MITIGATION AREA CONCEPT REPORT NCDOT Consulting Project number 96-LM-01 State Project number 6.16901T T.I.P. Number R-2105 AB L&M Number 1960024-201.00 . , r .:f.i North Carolina Department of Transportation Project Development and Environmental Analysis Branch One South Wilmington Street, Post Office Box 25201 Raleigh, NC 27611 Attn: Mr. Phillip Todd, Project Manager Issued: July 1999 Langley and 1,4 I*. ald .-- •rs-Planners _,- ,- - — ronmentol Co-. . iwww.langleyeng.com CEDAR POINT TIDAL WETLANDS MITIGATION AREA CONCEPT MITIGATION PLANNING REPORT NCDOT Consulting Project No. 96-LM-01 State Project No. 6.16901T T.I.P. Number R-2105 AB L&M Number 1960024-201.00 Prepared for the North Carolina Department of Transportation Project Development and Environmental Analysis Branch ' One South Wilmington Street, Post Office Box 25201 Raleigh,NC 27611 Attn: Mr. Phillip Todd, Project Manager Issued: July 1999 Langley and McDonald, P.C. Engineers 5544 Greenwich Road,Virginia Beach VA 23462 Surveyors Planners (757)473-2000 Fax(757)497-7933 Landscape Architects 4029 Ironbound Road,Suite 100,Williamsburg,VA 23188 • Environmental Consultants (757)253-2975 Fax(757)229-0049 TABLE OF CONTENTS 1.0 INTRODUCTION & GOALS 1 2.0 PROJECT APPROACH 1 3.0 EXISTING CONDITIONS/ELEVATIONS 1 4.0 PROPOSED SITE DESIGN 2 4.1 Open Water/Channel, Zone 1 2 4.2 Low Emergent Marsh, Zone 2 2 4.3 High Emergent Marsh, Zone 3 3 4.4 Upland Transition, Zone 4 3 5.0 PRELIMINARY EXCAVATION AND PLANTING QUANTITIES 3 6.0 MONITORING PROCEDURES 4 6.1 Success Criteria 4 7.0 CONCLUSIONS 5 APPENDICES Appendix A. Photographs of Existing Site Conditions LIST OF FIGURES (figure follows page number) Figure 1. Vicinity Map 1 Figure 2. Plan View of Mitigation Area 1 Figure 3. Section View of Mitigation Area 1 LIST OF TABLES Table 1. Preliminary planting quantities for the Cedar Point Mitigation Area. 4 Table 2. Dominant plant community zones and mitigation areas 5 North Carolina Department of Transportation Langley and McDonald, P.C., No. 1960024-201.00 July 1999 1.0 INTRODUCTION & GOALS The North Carolina Department of Transportation (NCDOT) has purchased two mitigation sites, Swansboro and Cedar Point, to fulfill the compensatory mitigation requirement for the Section 404 permit associated with the widening of NC 24 from west of Cape Carteret to Broad Creek (TIP No. R- 2105 AB). The compensatory mitigation requirement for TIP No. R-2105 AB is 1.80 acres of coastal marsh. The NCDOT also purchased additional property at the Deer Creek Mitigation Site that lies along NC 24 in the project area for TIP No. R-2105 AB. `"� { n PO The NCDOT believes that the proposed coastal marsh mitigation at Deer Creek Mitigation Site will P6 fulfill the compensatory mitigation requirement of 1.80 acres of coastal marsh mitigation required by the Section 404 permit for TIP No. R-2105 AB. Therefore, the Swansboro and Cedar Point mitigation sites will be for future coastal marsh mitigation credit and/or coastal marsh mitigation for the widening of NC 24 from Swansboro to west of Cape Carteret (TIP No. R-2105 AA). The Cedar Point Tidal Wetland Mitigation Area is located on the northeast side of NC 24, at the south end of the bridge crossing the White Oak River (Figure 1). The site totals 14.34 acres which includes an upland peninsula, 1.07 acres of upland adjacent to NC 24, and 15,200 square feet or 0.35 acres of existing saltmarsh fringing the highground (additional marsh exists on the islands off-shore). The regulatory agencies have recommended to NCDOT that mitigation efforts focus on maximizing the restoration of low, emergent tidal marsh. Therefore, this project has been designed to include the following components; 1) excavating uplands to appropriate elevations for the establishment of emergent tidal marsh, and 2) creating a channel which will provide tidal exchange throughout the mitigation area, minimize deposition of debris, and insure long-term success. 2.0 PROJECT APPROACH Site design for the Cedar Point mitigation area will take into account the constraints imposed by adjacent properties and the existing marsh. The channel will originate from an open-water location along the western site boundary, continue throughout the interior of the site and exit at an open-water location along the eastern property line. Grading and planting plans for remaining portions of the site attempt to maximize the creation of low, emergent tidal marsh. Existing on-site plant species or "biological benchmarks" were used to identify the vertical positioning of planting zones, while species selection for each zone is consistent with the flora found on or in the immediate vicinity of the site. Plan and cross sectional views of the Cedar Point site are included as Figures 2 and 3. 3.0 EXISTING CONDITIONS/ELEVATIONS Of the existing 14.34 acre site, approximately 12.92 acres consists of open water and a peninsula which contains upland areas with fringing saltmarsh. Remaining portions of the site consist of approximately 1.07 acres of upland and 0.35 acres of fringing saltmarsh. This project will focus on the 1.07 acres of North Carolina Department of Transportation 1 Langley and McDonald, P.C., No. 1960024-201.00 July 1999 • FIGURE 1 41 'lir. k‘ , 1 \o\-I w �� ( ` f �i32 /Qii� \ � JJ � ^ �_ \ ( � 1 l' S • \Si �45 )1.7- -, ` '-..„ \ Robinson i ---• ' t • _ _f• \.. ►_2 ,_ L ....,,.___,,, (-4/ rr ,. 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SOURCE: USGS SWANSBORO&HUBERT,NORTH CAROLINA 7.5 MINUTE QUADRANGLE. SCALE: 1"=2000' NC 24 CEDARPOINT Langley and McDonald, Inc. MITIGATION & BMP Engineers-Surveyors-Planners Landscape Architects-Environmental Consultants VICINITY MAP www.Iangleyeng.com VIRGINIA BEACH WILLIAMSBURG NC 24 Cedar Point Figure 2 Planview . Legend ' ZONE 1 (OPEN WATER) �J*, -1.65' to 0.35' OP�� ZONE 2 (LOW MARSH) �V��� 0.35' to 1.20' o EXISTING MARSH 0.35' to 1.20' r ■ ZONE 3 (HIGH MARSH) 1.20' to 2.00' ■ ZONE 4 (UPLAND/TRANSITION) ABOVE 2.00' EXISTING TOPOGRAPHY __ PROPOSED TOPOGRAPHY R { 0 NORTH 1"=60' BRID 0 60 80 NORTH CAROLINA * DEPARTMENT OF TRANSPORTATION ~4o PROJECT DEVELOPMENT AND T' ' ENVIRONMENTAL ANALYSIS BRANCH Langley and McDonald, Inc. Egg nee' -Surveyors-P an'lers [4 Landscape Nchltects-Envnonmental Consultants www.langleyeng.can VIRGINIA BEACH WILLWMSBURG Project#1960024-201.00 NC 24 EXISTING Cedar Point MARSH Figure 3 o Z Cross Section View w a o Legend ZONE 1 (OPEN WATER) l -1 .65' to 0.35' ZONE 2 (LOW MARSH) 0.35' to 1.20' EXISTING MARSH 0.35' to 1.20' ■ ZONE 3 (HIGH MARSH) 1.20' to 2.00' ■ ZONE 4 (UPLAND/TRANSITION) ABOVE 2.00' EXISTING MARSH GRADE .a. e'd w\ NORTH CAROLINA * DEPARTMENT OF TRANSPORTATION g PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH Langley and McDonald, Inc. Eng leers-Surveyors-Planners Landscape Architects-EnvIrenmenta Consultants vAAvvi langleyerg.com VIRGINIA BEACH VALLLAMSBURG Project#1960024-201.00 upland adjacent to NC 24. Appendix A includes photographs of existing site conditions as viewed from both NC 24 and a point on the peninsula. The existing upland portion of the site is dominated by early succession grasses and shrubs which appear to be regularly maintained (Photograph 1). The fringing saltmarsh area is dominated by plant species which are adapted to tidal wetlands (Photograph 2). Existing site elevations range from 0.07 feet along the lower limits of the existing salt marsh to 7.00 feet +/- at the NC 24 right of way which occurs along the southern boundary of the site. The average existing site elevation is approximately 5.00 feet. Salinity data provided by NCDOT for the Cedar Point area indicates values which range from a low of 7 ppt to a high of 30 ppt This broad range is most reflective of the local hurricane activity during the two months for which data was collected. 4.0 PROPOSED SITE DESIGN Biological benchmarks were established by installing two transects which ran from lowest to highest elevations within the existing marsh. Sample points were selected along each transect to represent the lower and upper boundary of the low and high marsh. Plant species were inventoried, and the elevation of each sample point was obtained by survey. The plant species and elevations selected for the wetland restoration effort resulted from the use of the biological benchmarks. ( b �� �[(51511 dka-AA 4.1 Open Water/Channel, Zone 1 OQtptp To ensure tidal exchange throughout the mitigation area, a channel will be ext: ded across the site. This will necessitate extending the channel through a small portion of the -xisting marsh. As a consequence, approximately 674 square feet ©r 0.02 acres of low m-. w. be converted to open water. To provide for a standing water depth of approximately 2.0`-- et in the Zone 1 open water/channel area, the bottom of the channel was set at an elevation o .6 . This is 2.00 feet below the mean low water elevation of 0.35 feet which was obtained from pu: is a tide charts for the area and correlates well with the average lower elevation for the existing Saltmarsh Cordgrass (Spartina alterniflora) stand. The banks of the channel are sloped at 21 , The total area of zone 1 is approximately 5,190 square feet or 0.12 acres. The proposed channel will have a high point of elevation 0.35 feet at the approximate center of the site. In this way the open water area of the channel is minimized and a small slope is provided to ensure flow out of the channel and to lessen the potential for sedimentation within the channel. / r 4.2 Low Emergent Marsh, Zone 2 The low emergent marsh zone will be planted within the elevation range of 0.35 to 1.20 feet. The created low marsh will total 12,497 square feet or 0.29 acres in size and will be planted with Spartina alterniflora spaced on two foot centers. This planting will occur on both the seaward and landward N.C. Department of Transportation 2 Langley and McDonald, P.C., No. 1960024-201.00 July 1999 sides of the channel. A 3H:1 V slope will be created on the landward side (south) of the channel and will meet existing grades along the NC 24 right-of-way (7.00+/-) and the existing elevation along a portion of the eastern property line. Seaward of the channel (north side), a 10H:1 V minimum slope will be extended from the top of the bank (0.35 feet) to the edge of the existing low marsh. 4.3 High Emergent Marsh, Zone 3 A high emergent marsh area, Zone 3, will be planted above the low marsh areas and will extend from elevation 1.20 to 2.00 feet on the landward side of the channel as a transition between the low marsh and upland. The total area within this zone is approximately 1,241 square feet or 0.03 acres. This zone will be planted (100% coverage) with Saltmeadow Hay (Spartina patens), spaced on two foot centers. Marsh Elder (Iva frutescens) will also be planted in this zone at a density of 30% of the zone area using an average spacing of eight foot on center. The average spacing on center will be used together with the zone's acreage to determine the total quantity of this shrub in the zone. The actual spacing will vary somewhat as the plants will be grouped in bunches to provide a more natural appearance. 4.4 Upland Transition, Zone 4 A transition area, Zone 4, will be planted above the 2.0 elevation of the high emergent marsh. This zone will be located along NC 24 and the eastern property line (on 3H:1 V slopes). The total planted area of this zone is 6,910 square feet or 0.16 acres. A seed mixture of Switch Grass (Panicum virgatum), Bermuda Grass (Cynodon dactylon) and Japanese Millet (Pennisetum glaucum) will be used as a ground cover throughout this zone, while woody species will be planted at appropriate elevations as they occur along natural slopes. Three shrub species will be planted, with Marsh Elder (Iva frutescens) within the lower third of the zone, Eastern False-Willow (Baccharis halimifolia) within the middle third and Wax Myrtle (Myrica cerifera) within the upper third of the zone. Shrub quantities were based on a spacing of eight foot on centers, with Marsh Elder and Eastern False-Willow each representing 40% of the planting stock and Wax Myrtle representing 20% of the stock. Shrubs will be planted in clusters to provide a more natural appearance. Bald Cypress (Taxodium distichum) trees will also be planted in the highest third of Zone 4. Quantities selected are based on random placements to provide site borders and break sight lines. Trees will be planted on an average spacing of eight feet on center, but planted in groupings to reflect a natural setting. 5.0 PRELIMINARY EXCAVATION AND PLANTING QUANTITIES The total preliminary excavation volume is approximately 5,710 cubic yards. Soils information will be reviewed by NCDOT to determine the suitability for use as fill in the roadway portions of the project. Topsoil from the site should be stockpiled for re-use as top dressing in the mitigation area pending results of a soils nutrient test and soil amendments as necessary. A top soil depth of one foot will be used in the marsh zones. N.C. Department of Transportation 3 Langley and McDonald, P.C., No. 1960024-201.00 July 1999 Table 1 below provides the preliminary quantities for those species selected for Zones 1 through 4 of the Cedar Point mitigation area. Table 1. Preliminary planting quantities for the Cedar Point Mitigation Area. Common Name Scientific Name Total Quantity Unit Saltmarsh Cordgrass Spartina alterniflora 3,124 each Saltmeadow Cordgrass Spartina patens 310 each Marsh Elder Iva frutescens 33 each Eastern False-Willow Baccharis halimifolia 27 each Wax Myrtle Myrica cerifera 27 each Seed mixture: Switch Grass, Panicum virgatum,Cynodon 8,151 square feet Bermuda Grass, Japanese dactylon, Pennisetum Millet glaucum Bald Cypress Taxodium distichum 35 each 6.0 MONITORING PROCEDURES Emergent marsh vegetation will be monitored at randomly located sample plots using GIS software. The location of the sample plots in the field will be determined using realtime GPS. A minimum of ten 1.0 m2 sample plots will be located in the planted areas. Vegetation at the site will be monitored for five years, or longer as necessary, following the completion of planting. Hydrologic monitoring protocols will involve the use of a surface water monitoring gauge located within the larger restored area of the site and a second gauge located in open water seaward of the existing marsh along the east side of the peninsula. Hydrologic data will be collected for no more than a year after construction as long as plantings are successful. 6.1 Success Criteria The success of the marsh creation project will be evaluated using the frequency and average percent cover of emergent herbaceous vegetation. The site will be considered a success if the calculated value for frequency is 0.5 and the calculated value for average percent cover is at least 80% by the end of the fifth growing season. Frequency will be determined by f=nX/ny, where f= frequency, n,= number of plots where emergent herbaceous vegetation occurs, and ny total number of plots. Average percent cover will be determined by c=Ec/n, where c= average percent cover, Ec= the sum of estimated foliar cover for all plots, and n= the total number of plots. If Phragmites appears in any monitoring period, in more that two sampling plots, then the NCDOT will consult with the U. S. Army Corps of Engineers to develop potential control measures. N.C. Department of Transportation 4 Langley and McDonald, P.C., No. 1960024-201.00 July 1999 The site will be considered hydrologically successful when the hydrology of the site is flooded twice daily with elevations and durations consistent with those outside the mitigation area. Success will be determined from data taken from a surface water monitoring gauge located in the site. It is expected that the surface water (flooding) regime will be the same as that measured for the biological benchmarks for Spartina alterniflora, since the plant community's zonation reflects long term tidal fluctuations. 7.0 CONCLUSIONS Table 2 below is a summary of selected plant species and the total area created for each of the four zones. The Cedar Point site provides a total of 13,738 square feet or 0.32 acres of restored tidal wetlands mitigation which includes a combination of low emergent marsh and high emergent marsh (Zones 2 and 3). The only impact associated with the proposed mitigation design is the excavation of 675 square feet (0.02 ac.) of existing marsh for the construction of the primary channel. Table 2. Dominant plant community zones and mitigation areas. Zonation Zone Species Total Mitigation Area (feet) Square Feet Acres 1 Open Water/Channel --- 5,190 0.12 (< 0.35) 2 Low Emergent Marsh Spartina alterniflora 12,497 0.29 (0.35-1.20) 3 High Emergent Marsh Spartina patens 1,241 0.03 (1.20-2.00) Iva frutescens 4 Upland Transition Iva frutescens 6,910 0.16 (>2.00) Baccharis halimifolia Myrica cerifera Taxodium distichum N.C. Department of Transportation 5 Langley and McDonald, P.C., No. 1960024-201.00 July 1999 SITE PHOTOGRAPHS • ' a `' --. -_.._ €,_. _ __ , _ - PHOTOGRAPH#1:VIEW FROM BRIDGE LOOKING SOUTHEAST ACROSS AREA TO BE EXCAVATED. _- t - _ s, l .. , PHOTOGRAPH#2:VIEW FROM A POINT ON THE PENINSULA LOOKING SOUTH ACROSS MITIGATION AREA. (NC 24 IN BACKGROUND). Author: Phillip Todd <PTodd@mail .dot .state.nc.us> at Internet Date : 6/29/99 2 :23 PM Priority: Normal TO: Kelly Williams at NROBA03P TO: tom_mccartney@fws .gov at Internet TO: jhennessy@h2o.enr. state.nc.us at Internet TO: coxdr@mail .wildlife. state.nc.us at Internet TO: larry.hardy@noaa.gov at Internet TO: David.L.Timpy@usace .army.mil at Internet CC: jbrawley@langleyeng.com at Internet CC: rkerr@langleyeng.com at Internet CC: rwise@mail.doh.dot . state.nc.us at Internet CC: CCox@mail .dot. state.nc.us at Internet CC: GCashin@mail .dot.state.nc.us at Internet Subject : Swansboro and Cedar Point Mitigation Sites Message Contents Memo to: Dave Timpy (USACE) , Ron Sechler (NMFS) , Kelly Williams (DCM) , John Hennessey (NCDWQ) , David Cox (NCWRC) and Tom McCartney (USFWS) I am trying to set up a meeting the morning of Thursday, Aug 12, 1999 at 10 AM in Room 470 . Mitigation planning reports for two sites, Swansboro and Cedar Point, are currently being prepared. These two sites are located adjacent to NC 24 in Carteret County. The sites will be constructed as part of the widening of NC 24 (TIP No. R-2105 AA) . These mitigation planning reports (likely 6 pages of text) will be distributed at least two weeks prior to the meeting. A vicinity map will be included with the planning reports . Pictures of the sites will be in planning report or for review at the planned meeting. This meeting date is also the same one set up to discuss the Clayhill Farms Mitigation site in Jones County. This meeting for Clayhill Farms is at 1 PM. The other option is to meet in the field on Wed, Aug 11 in Swansboro to discuss the mitigation planning reports and review the two sites . A brief description of the two mitigation sites follows. Swansboro: This site is located in the city of Swansboro on a 0 .5 acre tract of land. The grade at the site will be lowered and a stilling basin (forebay) will be constructed to control stormwater run off from the NC 24 curb and gutter facility. The remaining area at the site that is not used for the stilling basin will be graded for marsh. Cedar Point : This site is located in Cedar Point at the bridge connecting the causeway island with Cedar Point . A portion of this property will be lowered and converted to marsh. Please respond back with a preference date. If you have any questions or need additional information, please contact me at 919-733-7844, x314 . Sincerely, Phillip Todd PARCEL 2: Lying and being situated in Swansboro Township, Onslow County, North Carolina; being Parcel 2 as shown in Map Book 35, Page 126; recorded in the office of the Register of Deeds of Onslow County, North Carolina, and being more particularly described as follows: Commencing at the N.C.G.S. station "Baptist" (N.C. Grid coordinates N=347 ,524.600, E=2,563,882.028) , thence a grid course and distance of South 78 degrees 34 minutes 34 seconds East 1088.20 feet to a N.C.G.S. station "Century" (N.C. Grid coordinates N=347,309.066 E=2,564,948.666) , thence South 72 degrees 02 minutes 30 seconds East 330.79 feet to an iron rod at the southwest corner of Parcel 1; thence South 62 degrees 20 minutes 14 seconds East 99.87 feet to an iron rod in the northern right of way of NC HWY 24; the POINT OF BEGINNING, thence North 47 degrees 35 minutes 57 seconds East 134.73 feet to an iron rod on the mean high water line of the White Oak River; thence along the mean high water line South 40 degrees 00 minutes 59 seconds East 60. 17 feet to an iron pipe, thence South 54 degrees 34 minutes 28 seconds West 118.94 feet to an iron rod in the northern right of way of NC HWY 24; thence along the northern right of way of NC HWY 24 North 59 degrees 38 minutes 30 seconds West 47.82 feet to an iron rod the point and place of beginning containing 6,644.2 square feet more or less. The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 1414, Page 607 Onslow County Registry. A map showing the above described property is recorded in Plat Book 35 , Page 126 . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions. None IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. AZ-71/r / / 2 �l 10� (SEAL) HAROLD E. KERBER, TRUSTEE (SEAL) (SEAL) (SEAL) • SEAL-STAMP OHIO COUNTY OF /1/1/ /4T„, hi 1, , a Notary Public of said county do hereby certify that kg?r"o/'i Z Ii (ayt,e,- GRANTOR, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my ha d and of ir-iai &tamp or seal, � ^ this (4) 7/1day of (7/24, IMr , 19 My C IsiflbloAV) res: Notary Puhlir M( thr Sta" NOTARY I My Corm;ssion Fx(;,`G s ki.:Lt e:0, 2 0 2 The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant - Register of Deeds N.C. Bar Assoc. Form No. 3 1976 1 STATE PROJECT: 6. 169005T I I. D. NO. : R-2105WM I PARCEL NO 902 & 903 Excise Tax I Recording Time, Book and Page Tax Lot No. Parcel Identifier No. Verified by County on the day of , 19 by Mail after recording to Albert E. Joyner, Division Right of Way Agent, NC Department of Transportation, 105 Eastbrook Drive, Greenville, NC 27858 This instrument was prepared by Bert M. Whitehurst, Right of Way Agent NC Department of Transportation Brief description for the Index: Property described in Deed Book 1414, Page 607, Onslow County Registry. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this S day of( cenRrG , 19 'I ' , by and between GRANTOR I GRANTEE HAROLD E. KERBER, TRUSTEE I DEPARTMENT OF TRANSPORTATION, U/D DATED FEBRUARY 5, 1997 I AN AGENCY OF THE STATE OF NORTH CAROLINA 289 BENTLEYVILLE ROAD 1 105 EASTBROOK DRIVE CHAGRIN FALLS OH 44022 I GREENVILLE, NC 27858 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration of $147,550.00 paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated SWANSBORO Township, ONSLOW County, North Carolina and more particularly described as follows: The following is a deed of correction; the previous deed was filed in Book 1355 at page 702, the legal description should be corrected as follows: PARCEL I: Lying and being situated in Swansboro Township, Onslow County, North Carolina; being Parcel 1 as shown in Map Book 35, Page 126; recorded in the office of the Register of Deeds of Onslow County, North Carolina, and being more particularly described as follows: Commencing at the N.C.G.S. station "Baptist" (N.C. Grid coordinates N=347,524. 600, E=2,563,882.028) , thence a grid course and distance of South 78 degrees 34 minutes 34 seconds East 1088.20 feet to a N.C.G.S. station "Century" (N.C. Grid coordinates N=347 ,309.066 E=2,564,948. 666) , thence South 72 degrees 02 minutes 30 seconds East 330.79 feet to an iron rod in the northern right of way of NC HWY 24; the POINT OF BEGINNING, thence North 53 degrees 11 minutes 45 seconds East 179.02 feet to an iron pipe, on the mean high water line of the White Oak River; thence along the mean high water line South 35 degrees 24 minutes 21 seconds East 77.00 feet to an iron rod, thence South 47 degrees 35 minutes 57 seconds West 134.73 feet to an iron rod in the northern right of way of NC HWY 24; thence along the northern right of way of NC HWY 24 North 62 degrees 20 minutes 14 seconds West 99.87 feet to an iron rod the point and place of beginning containing 13,214.6 square feet more or less. NC Bar Assoc. Form No.3 1976 BOOK 1504 PAGE 279 A map showing the above described property is recorded in Plat Book , Page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. • And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions. None IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above. written. (SEAL) O ANT JWALSKI k l au. �l)�g ' e/!ram Cam [, (SEAL) FLORA MOORE KOW SKI (SEAL) • (SEAL) SEAL-STAMP NORTH CAROLINAA COUNJTY OF (Y0100...) I, I(A 11 it I(( l,_�C.hC(I rf`kt I^/i , a Notary Public of said county do hereby certify that .�Yl'}I lc "1�� �(,`/r' �)I') I/10..1\t`1 k: cod 1T/c_, Cl . L(C (.( ( II)c) x-l I`-) GRANTOR, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my haand and official stamp,or Neal, this'2 o)td day of /1/416v{'11'1 he r , 19 C 0 ( � 1 1r7 My Commission expires: I CO 1 L(,(Ct C, re C/y[( 2[c,-2c C'("; NOTARY PUBLIC `;. ' The foregoing Certificate(s) of PAMELA C. REDFEARN is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in t e Book Rand Page shown on the first page hereof. 442;--9-j2iQ_-r9 1 _ h%CJ REGISTER OF DEEDS FOR ONSLOW COUNTY By ---- Deputy/Assistant - Register of Deeds N.C. Bar Assoc. Form No. 3 1976 //' BOOK 10 0 41PAGE2 r1TA HIS DOCUMENT PRESENTED TO �Stia� Q,g I ' EOW CO U�,IAt Ri 5O F F I C E G\Se p� '\' 41) 1993 110V 25 F11 12: 02 I I. DA itl� ovov I PARCEL NO: . 904 (1.0 0) Excise Tax I Recording Time, Book and Page Tax Lot No. Parcel Identifier No. Verified by County on the day of , 19 by Mail after recording to Albert E. Joyner, Division Right of Way Agent, NC Department of Transportation, 105 Eastbrook Drive, Greenville, NC 27858 This instrument was prepared by Bert M. Whitehurst, Right of Way Agent NC Department of Transportation Brief description for the Index: Property described in Deed Book 367, Page 128, Onslow County Registry. NORTH CAROLINA GENERAL WARRANTY DEED ,l y 19 9 by and between HIS DEED made this AS day of,Ud� r18rI�. , , GRANTOR I GRANTEE 1 ANTHONY JOSEPH KOWALSKI AND WIFE I DEPARTMENT OF TRANSPORTATION, \ I FLORA MOORE KOWALSKI I AN AGENCY OF THE STATE OF NORTH CAROLINA P. O. BOX 192 I 105 EASTBROOK DRIVE SWANSBORO, NC 28584 I GREENVILLE, NC 27858 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration of $50,000.00 paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated SWANSBORO Township, ONSLOW County, North Carolina and more particularly described as follows: Within the corporate limits of the Town of Swansboro, adjoining the lands formerly owned by John Hill and W. H. Hill, and bounded by a line Beginning at the east corner of John Hill' s lot on Elm Street and running North West with said lot two hundred feet; thence East sixty feet to W. H. Hill' s lot; thence South with W. H. Hill' s line two hundred feet to Elm Street; thence West with Elm Street sixty feet to the corner of John Hill' s lot, the beginning and known on the Town Plot as Lot No. 34, except from the foregoing however, that portion conveyed by Lenora Piner to Lucy Hill by deed January 18, 1933, as recorded in Book 170, Page 37 in the office of the Register of Deeds of Onslow County, North Carolina, reference being made to the recorded description and the same being hereby incorporated herein for the purpose of describing the exception; being the same property conveyed from M. L. Hill to Lenora Piner by deed recorded in Book 139, Page 219, Onslow County Registry, and devised to party of the first part by will recorded in Will Book 6, Page 382, in the office of the Clerk of Superior Court of Onslow County, North Carolina The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 367, Page 128, Onslow County Registry • NC Bar Assoc. Form No. 3 1976 "1+.4, , i 03/01/99 I STATE PROJECT: 6.169005T Or s,,r q H $527.00 I CT 1 I. D. NO.: R-2105WM AR' NA �, Real Estate I V Excise Tax I PARCEL NO 905 I Excise Tax 4 5 a1.00 I Recording Time, Book and Page Tax Lot No. Parcel Identifier No. 53ip4-1(o148413 Verified by County on the day of , 19 by J-dge'r.c, --#,i C d' ,Ifaf/a ce ,lit. , Mail after recording to Albert E. Joyner, Division Right of Way Agent, NC Department of Transportation, 105 Eastbrook Drive, Greenville, NC 27858 This instrument was prepared by Bert M. Whitehurst, Right of Way Agent NC Department of Transportation Brief description for the Index: Pr perty described in Deed Book 217, Page 121, Carteret County Registry. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this / day of,aind, 19 Jy , by and between GRANTOR I GRANTEE I JOHN R. JONES AND WIFE 1 DEPARTMENT OF TRANSPORTATION, , I LOIS B. JONES I AN AGENCY OF THE STATE OF NORTH CAROLINA I 1019 CEDAR POINT BLVD. 1 105 EASTBROOR DRIVE I SWANSBORO, NC 28584 I GREENVILLE, NC 27858 I I Enter in appropriate block for each party: name, address, and, if appropriate, character of entity e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration of 4,26LJ09f0 paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated WHITE OAR Township, CARTERET County, North Carolina and more particularly described as follows: BEGINNING at a point, said point being the northwest corner of the of the present Wethington Lot No. 193 according to a map of the Cedar Point Subdivision by Phillip R. Ball in June 1936, and running thence North 56 degrees-17'East 940 feet to a point, thence North 33 degrees-43'Weat to the main channel of White Oak River and with the main channel of White Oak River in a southwesterly direction to the State Highway bridge right of way and thence South 33 degrees-43' East with the State right of way to the point of beginning and including Lots No. 191 and 192 of the John S. Jones Subdivision. The above lands are part of a conveyance of lands made by the Absolute Lord Proprietors to Captain Thomas Lee, by instrument dated, January 21't, 1713, the ill said Thomas Lee being an ancestor of the present grantor. The original grant being recorded in both Craven County Registry, and the Carteret County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Deep f'coic 117 . Pyccr 7.1i. C.9,eyc,e_6-r Cdu,ury �EG1s ,Ry . NC Bar Assoc. Form No. 3 1976 map showing the above described property is recorded in Plat Book 1 , Page 113 . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions. None IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year. first above written. R. ���1-•-�i-_ (SEAL) JOHN R. JONESS , CS>•-�L�/ //�'LI 2 (SEAL) LOIS B. JONES (SEAL) (SEAL) SEAL-STAMP NORTH CAROLINA COUNTY OF (7-22u IGY�� �iJ,i Notary Public of said county do hereby 'Ns� certi y that John R. Jones and wife, Lois B. Jones -;'_' ,•-1 ; GRANTOR, _ ', ' A,,,� personally appeared before me this day and acknowledged the execution of ` 1`1'�. ./ `;. the foregoing instrument. Witness my hand and official stamp or seal, C , 4 y� this / day of 62,¢ J , 199f . A = - 'p r'"ii�(f_ •y 4y My Commission expires: a n loc/ N ARY PUBLIC fir -7 ('ra.i, {C: The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant - Register of Deeds G)'--,C') Tra tD I 00 rt.a 0 a'DO O et- 0 r. N.C. Bar Assoc. Form No. 3 1976 D`D ° co et AO D w y N C)ct mo 0 o? NORTH CAROLINA,CARTERET COUNTY c Y 7-5 The foregoing certificate(s)of Notary Public(s)is/are certified to be correct. This instrument and this certificate are duly registered at the date and time ,C17, Co and in the Book and Page shown on the first page hereof, a elanie Arthur,R i er f Deeds s t"'1 c o N r+-n ssi/per., episier d ee03 's O ON h'•N O nN NOin Ls DEC-17-2001 MON 01 : 13 PM NC DIV OF COASTAL MGMNT FAX NO, 2522473330 P, 01 � ����� � r • ' COMPLETE refs SEcr1ON ON DELIVERY CIC.. I �al ` + � , Complete items 1,2,and 3. s de complete item 4 if Restricted Delivery Is desired. A• Re•eiv d py(Pews Print Cleary) 8, Date M Prtnt your name and address on the reverse // I� of Delivery so that we can return the card to you. Rr��a1 __ 3-� ■ Attarf,this card to the back of the mai►piece, C. Signature '� � �..—_ Or on the front if space permits, / D. Is delivery — Arydro_ssee 1, Article Addressed to; ry Address different(torn item 1? to Yes II YF.S,enter delivery address below: D No ir City of Swansboro Town Hall P, O.Box 368 Swan.boro,NC 28584 3, Service Typo )1Q)C:ertiriect Mail ❑ Express Mail 0 Registered 0 FFoturn Receipt for Merchnndise 0 Insured MAiI EJ G.O.D_,__ ��^�— 4. Restricted Delivery?(Extra Fee) 2. Article N mbor(Copy front service I.bel) �� Yes f'S Form 3811,Jury 1999 — " Domestic Return Receipt 102505.00-M-09&i, N SENDER; COMPLETE THIS SECTION "rn COMPLETE THIS SECTION ON catvERV aI:N " �� II Comprete items 1,2,and 3.Also complete q�Necely d by(Please Print Civarly) B.-Date r Dells ry 1� ,` item 4 if Restrjeted Delivery is desired, 1V Lq l t �� /, p?i�e 1��,r • Print your name and address on the reverse L 1 (4 �.� � so that we can return the card to you, C. Signatur 4 N " --14. Is, • Attach this card to the back of the mailplece, s q Agent F. "� or on the front if space permits, pr � r C PX ,u Addn,,.... r] �. a u t, Article.Addressed to, D. Is delivery ad resv different frory herd 1? D Yes { It YES,enter slivery address below: Q No :4; • • Mr.Robert A.Meadows 210 Orango Street 0.) Beaufort,NC 2851 G 3 servlco Type S�ts,ertified Mail 0 Express Mail oil O Registered ❑ Return Receipt for Merchandise m ^} 0 Insured Mall 0 G.O,D. T (� 4) — —•—�. 4, Reslfioted Delivery?(Exf+3 Fee) .. " n o 2. Article Number Copy lrgm service leas Q Yu� 1O. CI __-• --- ,,—_T PS Form9 3811,Jyul 1�399 — — y Domestic Return Receipt " • ! +4 r `-S , J r' ;w•*`"' 10Zia5 00-M-0952 1Y J� �+ ' ! i •0. '�' +. 7`'r •4 i,`` :,•• 1 v.. _+'w, t,,. r t p l t r e. .:.•'," ! .. .., '''ti..r:a,r ". S.• 'r< :a .,1‘. wv% ',,�,•.., �: 'o' ;:.,•t `': SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Received by(Pffasn Print Clearly) ■ Complete items 1,2,and 3.Also complete B. .a� f Deliver item 4 If Restricted Delivery Is desired. C c Yti'a t t , I) ) Print your name and address on the reverse ` { i ' �_'f II Print that we can return the card to you. C. Signature • Attach this card to the back of the mailpioce, x / Q Agent or on the front if space permits. (,.t, .• 131,.�,.ii(� 0 Addressee t. Article Addressed to: L. Is delivery ud , different fmm Itdrn 1? i. Yes If YES,enter delivery address below; Q No Mr.John W,Dudley P.O. Box 1148 Swansboro,NC 28584 3`SOrvice Typo Certified mail 0 Express Mall - ❑Registered Q Return Receipt for Merchandise 0 Insured Mail CIC,O.p, _ 4. Restricted Delivery?(Extra Pea) �U Yea r 2. Art:c'e Number(Copy rrarn service labe!) �� B Development Type FEE DCM% DWQ% 14300 1601 435100093 1625 6253 (24300 1602 435100095 2341 I. Private,non-commercial development that does not involve $250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or $400 100%($400) 0%(SO) excavation of any wetlands or open water areas: III. For development that involves the _ filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applies: • III(A). For Private,non-commercial development,If General water Quality S250 100%(S250) 0%(SO) • Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality $400 100%($400) 0%(SO) Certification No.3301(see attached) can be applied: Ili(C). If General Water Quality Certification No.3301(see attached) .:. could be applied,but DCM staff _ determined that additional review and S400 60%(S240) 40%($160) written DWQ concurrence is needed • because of concerns related to wdter , quality or aquatic life: III(D). If General Water Quality Certification No.3301(see attached) 5400 60%(S240) 40%($160) can not be applied: IV. For development that involves the filling and/or excavation of more F =: ,c a, 40%($190) • than one acre of wetlands and/or open water areas: December 10, 2001 W. D. Gilmore, P.E., Manager NC Department of Transportation Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC, 27699-1548 Dear Mr. Gilmore, The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for the replacement of the breakwater and restoration of coastal marsh at Cedar Point, in Carteret County. It was received on November 26, 2001, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 8, 2002. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the proposed development. You should post this notice at a conspicuous point along the roadway where it can be observed from the road. An example would be: nailing the notice card to a telephone pole or tree along the road right-of-way near the project. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, j 7 Bill Arrington, D.O.T. Field Representative WLA Enclosure cc: Charles Jones Doug Huggett Ted Tyndall, District Manager NOTICE CAMA PERMIT APPLIED FOR PRO EC � ' SQS 6 �� cleQ lPt t����dl U�rs�S �rrj Ikvi nit aeS L _ b J Luse 5 Pea wafts) -1fita.n.spare_4acrrl',-) COMMENTS ACCEPTELYTFIROtJGH i 1 APPLICANT: FOR MORE DETAILS CONTACT LOCAL PERMIT OFFICER BELOW: �1�1t1 �tjtc� �Q�n� , C'e�. 1 sl- B otklia4,1 Iktns __ ' tE L cg,96�i- I t- taa La() C ° a8s51 -' ►zi., P\ clh t3C 1StArtPK_, 6-PCu41 Erna 4-