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HomeMy WebLinkAbout20080984_Mitigation Information_20081004AUIa-04-2008 10:09 From:DOT OFF OF NRT ENVI. 919 715 5501 NCDOT-PDEA Fox. To:9197336893 P.1/5 JATURAT" [RONMENT UNIT To: DAV,% Q?h From: L; L, qN Fax: 4373 - 6 9? 3 Pages: Phone: y -date: (0 Q- 0$ - Re: CC: ? Urgent ? For Review ? Please Comment p Please Reply ? Please Recycle • Comments:. MAILING ADDRESS: TELGPrIONE: 819.715-1335 or 61.9.715-1334 NC DEPARTMENT OF TRANSPORTATION FAX: 41q-715-550i PROJECT DL'VELOFMFNT AN6 ENVIRONMENTAL ANALYSIS NATURAL ENwic rWR47 LJUIT WEB,SITE: WWW NGDOTOnG 1538 MAIL ;;rRVICE CLNTLN. RALLIGH Nr„ 27690-15@8 LOCATION; PARKER LINCOLN BIJ11.01wCA 2728 CAFITAI, hlVLl., 3LIITF 240 RAI-EI,H. NC 270 04 AUG-4-2008 MON 11:25 TEL:9197336893 NAME:DWO-WETLANDS P. 1 ,T 'd SGNU113M-0MG:3WdN 2689M-6T6:-131 82:OT N014 800--}7-enu 11O T-PD£A ENVIRONMENT UNIT f To: From: Fax: Pages: - Phone: Date: Re: CC: ? Urgent © For Review ? Please Comment ? Please Reply ? Please Recycle s Carnmento. `u MAILING ADDRESS! TELFFHONE: 919.715-133 i 4r 919-715-1334 NO DFPARTMEIVT G= l RANSFOH rATION FAX 91:1-71:-55M PFU.IEGT DrVCLOPMENT AND ENVIRONMENTAL ANALY5,I5 NAILJRA:.GNVIRnNMEa4TLINIT WEBSITE: WNWNCOOT.ORG 1598 MAIL SERVICE CENTER RALEIrr NC 27699-1590 LOCATION- PARKER LINCOI..N BUILDING 3728 CAPITOL BLVD- ?;UITE240 RALEICLH, NC 271304 ,L/T'd 269922LGT6:01 TOSS SU 6T6 'ION3 1dN d0 JJO 100:1J-10j9 22:60 8002-to-6n9 AUO-04-2008 10:09 From:DOT OFF OF NAT ENVI. 919 715 5501 To:9197336893 P.2/5 DEPARTMENT OF THE ARMY ? - WII.MINGTON DISTRICT. CORPS OF ENGINEEge i 50' P.O. BOX S m WILMINGTON. NORTH C,AROLINA26402.1@00 FtP-Klf YO ArrLWONOF July 1-4, 1995 Regulatory Branch Action ID No. 199401566 and State Permit No. 91-95 a, F . Mx: H. Franklin Vick, P.E., manager plaming and Environmental Branch AUG Q 4 200 N.C. Department of Transportation post office Box 252C1 Raleigh, North Carolina 2761-1-5202 OEPNR - WATERQUALIT`( Y'ff1 ANU4 AiO STORMWATER 6MMCH Dear Mr. viok: Reference the application of the North Carolina Department of Transportation for a Department of the Ax'my permit to construct a new bridge over the Neuae River (Highway 17 By-Pass), between James city and the Town of Bridgeton, and widen the 8reedom Memorial Bridge over the Trent River ar.d Lawson Creek, located in Craven County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-COBO-N-000-0291. Thcrefcre, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. if any change in your work is required because of unforeseen or altered conditions or for any other reason, plane revised to snow the change must be sent promptly to this office and the North Carolina Division of Coanta? Management prier to performing any such change or alteration. Such action is necessary so revised plans must be reviewed and the authoriza+i on modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field office, Regulatory Branch, telephone (919) 975-1616. Sincerely,. 001a 'Zj-?'o G. Wayne Wright cilief, Regulatory Branch Enclosure P,r+ed On G Awyaw Poor AUG-4-2008 MON 11:25 TEL:9197336893 NAME:DWO-WETLANDS P. 2 AUG-04-2008 10:09 From:DOT OFF OF NAT ENUI. 919 715 5501 01UTe of North Carolina Department Of Environment, Division of Coaster Managemen J'C'S James B. Hunt, Jr., Governor Jonathan S. Howes, Secretary Roger N. Scheoter, Director Mr. ]Barney O'Quinn Planning & Environmental Branch NC Dept. of Transportation P- G. Box 25201 Raleigh, NC 27611 Dear Sir: June 27, 1995 To:9197336893 P.3/5 A4 ED The enclosed Permit applicable, the State Dredge and 1-1]1tLaw, for you to prnunder it the Coastal Area Management Act, and where form) is retained by you and it must be available to site when Withe th Your Project proposal. The original both the original and the copy and return the copy to this office n is inspected for com plian? (buff-colored Please sign proceeding means you have waived your right of appeal described below. i the enclosed envelope.' Sign;ng the permit and If you object to the permit or any of the conditions. You may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be- filed in accordance with NCGS Chapter 1501; with of Administrative Hearings P .O. Drawee. 11666, Raleigh, NC 27611, (919) 733-2698 within twenty f days this decision on your permit. You should also be ablaze that if another qualified the Office the issuance of this permit within nvctlt bj of twenty ( days, the matter must be resolved prior a work initiation. The Ca taJ Resources Colxuniss;on makes the final decision on any appeal. The project plan is subject to those conditions appearing carried on the permit form. Otherwise, all work must be application. Modirwations, time extensions, and future maintenance require additional approval. Please read your permit carefully prior work all approved. If you are having the work dove by a contractor, ittwou dtbe o yourn enefite to be urea that e f as understands all permit requirements, he fully From time to time, Department personnel will visit the project site. To facilitate this review, that you complete and mail the enclosed Notice Card j Concerning permit conditions, the cavironnientaJ N safeguards. or problern aces, you may contact Departmenttpersonnel By working in accordance with the perru]t, you will be hel o t important coastal resources. pi o protect our vitally Very sincerely, John . Parker, Jr. JRP Major Permits Processing Coordinator :jr/atnw Enclosure P.O. Box 27687. Rdeigh, North Ccrolino27611-7687 An Equd dppprtt-0 , Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 5096 recycled/ 10% pc st.apnsumor papor AUG-4-2008 MON 11:25 TEL:9197336893 NAME:DWO-WETLANDS P. 3 AUG-04-2008 10:09 From:DOT OFF OF NAT ENVI. 919 715 5501 To:9197336893 P.4/5 81-95 rmit Class _ J I(EW STATE OF NORTH. CARp1.INA t Department of Environment,. Health & Natural Resources and Coastal Resources Commission for enrol Concern velo nt in `an Area .0 Envimntn X Major De 1 lI3A?118= '::? ' _ 1 pursuant to NCGS 113-229 Excavation and/or filling pursuant to NCGS -- Box 25201, Raleigh, NC 27b1X Issued to NC De t_ of '1?'anSPoion, P. 4. . County at Neese and Trent Rovers at New Bern Craven 1125!95 and- authorizing development in as requested in the permittee's application dated 1995. workplan drawi-Dgs, sheets 1-1.15 of 1.75, dated revised May, uan? write the application (where consistent JUNE 26 1995 is subject to comp violation of these terms may be special conditions and notes set forth This pemuit, issued an usable regulations, spe rmic to be null and below. void. Any with the permit). all app cause the permit subject to a fine, imprisonment or civil action: or may Constru tion Access proposed by. the pertnittee. Although not all 1) Several methods of construction access have been methods are applicable at each site, the construction methods are as follows: 1} Construction of a temporary work bridge. 2> Construction of a temporary fill road on filter fabric. . work road on timber mats. 3) Construction of a temPoran' 4) Construction of a temporary work road on 9TO11nded barges. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons wig twenty (7-0) days of the res resolution prior issuing date. An appeal requi to work initiation or continuance. as the case may ?' Department This permit must be accessible On-site for eompp ante personnel when the project is inspec Any maintenance work or project modification not „o,emd hereunder requires furtherMpartmental approval- I All work must cease when the permit expires on s December 31 199 this rmit,the State ofNorth Ca Iina agrces in issuing Pe that your project ?s consistent with the. NottYa CaroCoastal Management ProBrem• Signed by the authority of the Secretary ofDEHNR and the Chairman of the Coastal Resources Commission. Roge . Schecter, Director ' Division of Coastal Management This permit. and its conditions are hereby accepted. x ignature of Perraittee AUO-4-2008 MON 11:25 TEL:9197336893 NAME:DWO-WETLANDS P. 4 AUG-b4-2008 10:09 From:DOT OFF OF NAT ENUI. 919 715 5501 To:9197336893 P.5%5 NC Dept. of Transportation Permit #81-95 Page 4 of 6 Mitigation 8) Prior to the expiration date of this permit, the DOT shall present detailed plans for they implementation of the compensatory mitigation plan for unavoidable wetland impacts associated' with this project for review and comment by the review agencies and approval by the Corps of Engineers, the NC Division of Environmental Management and the NC Division of Coastal Management. 19) Wetland sites impacted by temporary construction access, regardless of the access alternative chosen, shall be monitored to insure that natural revegetation is occurring. If a site, is not revegetating within one year following removal of the construction access, NCDOT shall . undertake remedial action. Monitoring and restoration of wetlands impacted by temporary construction access shall be addressed by NCDOT in their comprehensive mitigation plan. NO'T'E: The wetland communities permanently affected by this project include. (+)(-) 1.20 acres of Intertidal Emergent Marsh; (+)(-) 1.20 acres of Naturalized Scrub Shrub; (+)(-) 21.69 acres of Bay Forest; and (+)(-) 0.27 acre of natualized Ditches (Total Impacts to Wetlands = approximately 24.36 acres). The mitigation ratios to compensate for the wetland loss will be furnished in accordance with the approved mitigation plan outlined in Condition No. 18. ?l 20) The DOT shall complete construction of the mitigation site for B-2531 and conduct monitoring in accordance with the approved comprehensive mitigation plan required in condition 18 until success is demonstrated, either prior to beginning construction on any segment of the New Bem Bypass Project (R-2301 or any other project that satisfies the same or similar purpose and need), or within one year of the expiration of this permit, whichever comes first. NOTE: The DOT is requested to contact the DCM wetlands mitigation specialist to determine if it is desirable to stockpile any excavated coastal marsh soils and plant materials for use in the required mitigation for B-2531 and R-2301. General 21) All work authorized by this permit must be performed in strict compliance with the permit plans. 22) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 23) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 24) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities. AUC-4-2008 MON 11:25 TEL:9197336893 NAME:DWO-WETLANDS P. 5 2 •d SONt1-1AM-0MG:'?WdhJ 689??L6T6:131 Y SrA r? STATE. OF NORTH CAROLINA MJ0-IAF1. F. EASI.FY Govelwuu. Section 404/LAMA Interagency Meeting; Mitigation for R-2301 and B-2531 March 9, 2001 MINUTES 82:01 HUN UUIJd-V-VIIrJ A J G 0 2008 T.,`Tti)o TIPPETT S17CRETARY Replacement of Bridge No. 28 on US 17 over the Neuse River and the widening of Bridges Nos. 83 and 84 on [1S 70 Bypass over the Trent River in New Bern, and the New Bern Bypass Craven County, North Carolina T.J.P. Project No. R-2301 & B-2531 State Project No. S. 1170801. Federal-Aid project No. MAF-36-1(33) A Section 404K'AMA interagency Meeting; was held on,March 9, 2001 in the NCDOT PD & FA Branch Conference Room at the Transportation Building. The purpose of the meeting was to.respond to letters from the DCM regarding our November 17, 2000 request for a. permit modification. The Agenda for this meeting is attached to these minutes. IntroductiOns were made for all attendees and a sign in sheet was passed around. SUMMARY OF ACTIONS: • NCDOT must meet 3 year monitoring success criteria for i cngyel, Sawmill, and C'.roatan before R-230.1 (New Bern Bypass is let). SAV and temporary construction site surveys to be updated this summer. • Corps of Engineers, LISFWS, and DWQ need to submit comments on Sawmill Wrigation Plan to NCDOT. • Sawmill Mitigation Plan will be revised by NCDOT to reflect comments. • NC:DUT should revise R-2301 let date to at least 2005. • C'.roatan MBI needs to be revised. MAILIN13 AODREW NC OEPARTMENT Or TRANSPOk fA PioN PD&EA 1548 MAIL SSGHVII;L CENTER RAi plpH NC 27899-1548 DEPARTMEN"[' OF TRANSPORTATION TELCPIIONE: 919-733-3141 LOCATION: FAX- 919.733-9794 rRRNSPORTATION BUILDING T SOUTH WILMINGTON STkCGT Wea51TC: wwW.VQI4.D0T 87-ATE.Aie.us RALCiGrI NC D TaSS STL 6T6 'InNd iUN d0 dd0 100:wo.?d 22:6@ eoo2-b??-rlNy ?;2•d L684?SZ6T6: 1 2699221676:131 SaNH-13M-0 f10 : 3WHhJ • eZ:aT NOW buet-p-:0 ,?. d 2000 letter) n the Impacts and Mitigation (excerpted from November 17, t d U i e o a p Table 1. Impact (ac) Mitigation (a ^ Mitigationitc d T ' on Status of Mitigat ype etla.n --- Plan % , Ruilt Intertidal Marsh 0.78 1.56 Lcngyt''l Cruatan (1250) .. Done 100 May 2001' 23:62 11.81 Bay Forest - Sawmill ° Dec. 2000 Natu 0.27 Ditches -- Sawn„n 17ec. 2000 Naturalized 1 ?.0 Scrub-shxub - - Lcn 7 l ` 017 0.034 gyc ' 0 Done 1.00 . Coastal Wetlands _ Total 14.077 28.854 1 AL a 2:1 ratio fibr restoraboa. 98 acrC5 of marsh restoration 5.25 acres btnckish marsh preservation and ess of 1 . Thcrc is an exc r 0.9505 upland buffer available. at the I.engyel site. lwflmp.. ;. 1,54 acres Brackish Marsh and 2.10 acres Cyp ned May 2001. be si BI t g o 4. Mitigation Plan complete 10119/00; M Review of February 12, 2001 transmittal from DCM to NC.'DUr: The Vebruary 12, 2001 letter was reviewed and copies passed out_ `t' he monies requested in that letter were hand delivered to Cathy Brittingham by Alice Gordon. In addition, a check for $200 and seven copies of the modification request was hand delivered to John i-lenriessy for processing the Section 401 application per the request of the DWQ. SAV Summary; tlruce Ellis presented a status report on the on-going SAV monitoring at the New Beni Bridge location. Copies of' the SAV monitoring reports were distributed to the agencies. A copy of the report is attached to these meeting minutes. Bruce said that he would be doing additional monitoring in June/early Tuly of 2001. Do lu m d1 note that there might he a system wide decline in SAV populations that has nothing the construction of the projects. Ile requested that we coordinate with the NCDMF and the National Marine Fisheries (NMFS) on this item. Temporary Work Bridge Site Recovery: Bruce Ellis presented a status summary about the recovery of the sates that were affected by the temporary work bridges. David Cox (WRC) asked what species were now growing the recovery areas since invasive species like phragm;tes would not be appropriate. Bruce responded that no phra.gmites were observed and that the dominant species scented tot be Spartina sp. David Cox suggested $ruce invasive stated that we do some stem counts at the temporary remedial planting. if species are rusted then the NC L)O may need to do some remedial that he will update the vegetation analysis of the recovery sites this summer. Photographs of- the recovery.sitcs were passed around. David Cox noted that on Photo 4 there was a bare area that will need to be looked at in detail. Bruce noted that the photograph was taken just after the work-bridge had been removed and that the site would not he expected c i o TOSS SU 6T6 ' InN3 1HN 30 330 100:Lun,AA 2p-:60 eow-t7o-qnH ,,?•d ?Eg9???6TE: 1 26992216T6:131 62:ati NOW 9009 tr-?iio SONd_113M-0MO : 3Wt1N to sho\V recovery at the time of the photo. We will Pr()d nu nme report with special eniphtisis on the site In Photo 4 following the held up date this This discussion concluded the answers to the questions from DCM in their Febrlu letter , 2001 letter. Alice Gordon asked the. DCM if the items in their Fe had been addressed or if additional discussion was needed. Cathy Brittinghanl stated that all ofthe items had been successfully addressed. The discussion then proceeded to a discussion oV the of the Mgt gat'nneS'tc1Sc-hedule and mitigation Sites. This was followed by a discussion the New Bert! Bypass. sawmill Mitigation Site-. Fd Lewis coordinated thetdis to si Dofthe i11 Cmill Mitigation Plan Which fcillowed the items ati presented in the 1 f the letter is attached to these L)CM (Kelly Williams) dated l'cbruary9, 2001. A copy o mcet.ing minules_ 1 ." I I Comment: "The comnivnity type restoration and creation that NCDOT has proposed to perfirrrn at this site is acceptable as mitigation for some Qf the irnpcr Is inct.irred from the Neuse River bridge construction. These impacts were rrtost recently described in,your Noi•etnber 17, 2000 letter. The impacts to he mitigated at the,Sawrnill site were to "naturalized ditches " and "naturalized scrub-shrub wetlands. " The. Sawmill site is m aplied as saltlbrackish marsh restoration on DC.L11 's wetland restoration the diversity of well as !idol type fil?S data.. Incorporating additional cypress snani. swamp creation will increase habitats at the site. I um pleased that the site is located in close proximity to they project and that upland areas will be preserved to protect and bu&r the wetland areas. Discussion: Ed Lewis stated that we concur with the statement. 2. Comment: "A planting plan with a specaf c list of species to be planted in they tidal cypress-gain swamp creevion area rnust be included in the mitigation plan prior to its approMil. Discussion: Kelly Williams requested that we be sure to use the type of gum tree that will survive in a Cypress-Gum system. 3. Comment: "The hydrologic: success criteria,for the swump and the marsh ctreus tire acceptable though they are not ideal. I would expect the site 10 exhibit hydrologic characteristics specific to the community types being restored and created.. 'Such characteristics would include a certain flooding ft•egt.aent. y, duration, tidal influence and depth of flooding. In the fixture, re?fcrence hydrology data should be used to determine hydrologic .success criteria when available. The data gathered atreference 1 sites for this project will be valuable although it does not appecY them SOBS Sti1 6ti6 ' I(1N3 1dN _10 A90 104:ui0,I j 2p:60 eoo,2-t70-Girls 2 69922Z6ti6:01 _ . i 1[_ ScJNtl1l3f1-?]Ma 3WdN 2699F L6ti6:?31 6?:aT 1lCJLJ S ? as success criteria. resulted i of the hydrolocnteriz llisci_ ssion: A discussion S /tiy `ceetiy criterion for then the agencies agreeing that we should use a 2 we Sawmill Site. if there was a year that did not show 25% success. tile' -neas could use the hydrological. characteristics of the refe ??ymill sitcjiti loc ted re sciccesti_ The reference ecosystem approved for the S nearby in the same watershed and is a tidal swamp. mill s quen Lr? treed to be hydrological success criteria to be used for 5'A inundation. Schedule: Cathy 13rittingham asked how wewere doing we missedl p the planting schedule for this year. Ed i e` approved. planting, period for trees this year since the plan had not been appl' .y V f.. 4. Comment: t: Afrc"".1!ve ?3'('urs, nronitn. rU ,t; j, l permitting and review ago?"iON have been ?11et (us ('Vi(1G?'1(.ea 111 annual r(1 This in Writing llhctt thf? cite iT de?m)nstraling successThis must he Ciddc'd /O the plonfir it to he approved. Discussion: NCDOT agreed to put this in writing in the mitigation plan. that 5. Comment: "It ii stated in,sectivlt 7-0., title wetlands to othenr+?tland (peClis prop-nvolves the conversion of existing ?n paetle?(1 ?t does Your request for a permit modification in he co everted (i.e. not specify how mturyacres of ya c 1lLttzcla ri ?llthvug h mitigation. svi.ll not he required fot• these imnclcts to this site. total existing wetlands that acreage of impact mtlsl be sarhtruct?rd nQT tihill not be rniti.gation acreage available at the .site. in. other words, given restoration or creation credit for converting one wetland We to yr an anolher wetland type even though it may he nec'essu f l1er aGnot they will tl4itii;'eati.unl?lern at this site. NCDOT should clarify i4 l awmill site, indicate what that, acreage is. and. impact wetlands at the,S subtract it from the total rnitigatiolz available at the site. Discussion: Kelly Williams restated that we should subtract the acreage of existing wetlands from the site since they will not be restored wetlands. NC1)0l1' wtated that we will be enhancing those lThe DCM.greed to allow given credit for enhancement instead of restoration. us to get ei iancement credit. 't'hus, NCDO'T's original assumptions about .available credit from the Sawmill site will forl cW1ve rt?ng alsniall enhancement (in lieu of restoration c ) ratio area of scrub-shrub wetland to forested wetland. o.?3 ?Z °1 TOSS STL 616 'I(1N3 1dN J0 330 10?]22:6o 6t3?3-t'13-9f1t _ . > 689??L6ti6 ? .. . -tr-?? 6T6-tr-?? :?31 ,:aT NOW 9003 at SQNH?13M-0MG :3WHN 9 'd success fug, will t, Comment: "It ctppears the work don( at the '50wntill site, Y*' Lie site The 1lrovernber 17, a Disci,ssion: NCDOT responded that we will alter the Plan to reflect this reyctest. rrteet the regwred mitigation acreage neede cat t _cfyral 2000 letter allocates 2.47 acres of-we iland rnitiga i uncltl?5 ccres of- playa 2.73 c?cres of creation, .20 acres` ofrestoruli r'eserva'tion are proposed jirr this Site. if the Sctwmr f the m tigatlon1 elf lr iulll impact uny, existing wet(aniks, NCD()T mcry a shnrt fc,r R-2531 as outlined in the No,7ember 17, 20001(wer, if allocated to this .,'iyE: rout LenVel may be required. that is the arse, it larger dehit/allocution f 7. C.onunent: 1 remain very concerned that NCDOT will not meet the B-2531 permit o.01741ition ##20 which .slates that: "The DUB s aluct mpg etoring in cnrt.str't.rctiorr of the niitigatton site for I3-253 a accordoncE. i01h the, ctppr'oved ci?mprehensive mitigation plan required in condition 1 i' Lentil success is derrtonstrated, either' prior to beginning 1 ass project (or any other .onstruction on art s? ? carnerp1 po se d nc d or within tine year pf the protect lhat satigi expiration t?f this permit, whichever cotnes.f t mteCt st ccess crit.criu) on the B- N(.'DOJ' must demonstrate s•ucxesm?r.e. must on the New Bern 2531 mitigation sites prior to beginning construction awmil BI ; xr.ss. It appears NC:D()T will not cJentonstrcrtecuntilr2006 if all g le5ttc' 1 arty earlier than 2004. Site monitoring, will ill the expected let date for 2003 is y according to their proposed schedule,. If tcontinue > > Bern By ass project, it appears the 13-2531 permit condition 420 the Nc.?ti p will not be ptet. Discus ion: Based upcm stated implcment? I ition schedules for Sawmill and C'roatan, it is clear that the current letting; schedule for R-2301 is unrealistic years. The cliscusti ion centered arWh?t the cant by of what is by meant. by several "demonstrating succcsti , and by demonstrating sucCesw" in 1995 when the pcrMi (Or the N years oaf 13riclgc was issued. The current success criteria concept '1'hc agencies recalled that the success criteria in use successful rnonitori.ng. Woug in 1995 called for 3 years of successft onitori success triter a from 1995 1-Iuggctt) stated that they will allow us to use the (three years its measured by the monitoring; program described in the l Sawmill, and Croatan). The NVRC. (David. Cox) mitigation plains for Leng~y' , also agreed to a three-year period. fi'ont allowed debit of the DOT (Alice Gordon) asked if thel 5 percent up- acts. The Corps Croatan Hank Could he used for mitigating the bay forest thcpl 5°% if'.tre site of F..ng inecrs and the DCM stated that we could only to be debited was showing 3 years of successful monitoring. ' Alice Gordon) noted that R-2301A-had independent utility and, in NUU.1 '10N3 ieN 30 330 100:W0JA 22,60 9002-bO-9r TOGS STZ 6TE `Z 'd SG1AH-113M-OMO:3WdN i 6e92216%:131 ab:OT r"auw addition, was a different type of ecosystem from the riverinc portion of the New Bern Bypass. A ruling was requested from the agencies relative to obtaining a separate permit for R-2301 A given the independent utility status. In addition, a ruling was requested to allow us to let R-2301 A in May 2003 before the monitoring of the sites was complete. The formal response from the USACF, the DCM, the DWQ, the USFWS, and the NCDMF (Division of Marine Fisheries) was that R-2301 A could not he let until the 3-year monitoring period showed success. The agencies stated that the issue of independent utility was not relevant in this case- K. C'oti " Furthermore, as ofihe date of this. letter I have not received cin MBI for the C.'roatan Bunk site. A site plan has Vet to be appruved fur the restoration and enhancement activities at the bank. site. Portions f h have site will be used.for B-2531 fbrested wetlands mitigation will also ve to demonstrate success prior to constructinn of 'the .NeN• Berri Bvl- ?1 Y the MBI will satisfy the permit N('I)C):1 stet ma believe that the signing of condition quoted above, but again, the permit states success roust be demonstrated at the Croatan site in order meet permit condition requirements. In the November 17, 2000 letter, it is stated that monitoring on the hank site kvill begin in 2003. It doesn 't seem possible that the mitigation activities performed at the Croatan site will demonstrate success by Mw 2003, the expected let date for the New Bern Bypass pr•ol . ec•t.,, Discussion: Clarence Coleman presented the following information- The Croatan MB1 needs to be revised. The disposition of the USPS (US, Forest Service) property issues is taking a long time. It needs to be finalized before an M131 is signed. The MB1 should be signed by May 2001. Construction on Phase i will begin this summer and will include the implementation, of the hay forest mitigation needed for B-2531. Meeting attendees: John liennessy, NCDFNR - DWQ Beth Bunts, NCDENR - DWQ Mike Bell, USAGE 't'omb McCartney, USFWS Rick Monaghan, NCDENR, DMF Kelly Williams, NCDENR, DCM. Craig Deal, NCDENR Cathy Brittingham, NCDENR, DCM. Bill Arrington, NCDENR, DCM Scott .tones, NC.DI;NR, DCM Doug Haggett, NCD NR, DCM Kevin Markham, ESl ?aavid Cox, WRC ZiZ.d 26992z16ti6:0' Alice Gordon, NCDOT, PD & EA Charles Bruton, NCDOT PD & EA Clarence Coleman, NCDOT PD & FA. Ed Lewis, NCDOT PD & EA Bruce Ellis, NCDOT I'D &: EA Eric Black, NCDOT PD & EA Tandy garner, NCDOT PD & FA h Greg Brew, NCDOT Roadway Design Katie McKei.than, NCDOT Roadside Jet'( Wait, NCDOT Roadside Environmental Dicky Harmon, ESl LOSS SU 6ti6 ' InN3 1UN d0 dd0 100 : WO Jd '72:60 eooJ -t o-JFId