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Smith Creek Parkway (Sections A and B)
Compensatory Mitigation Plan
REVISED
Smith Creek Parkway
New Hanover County
TIP Project Number U-92A/B
State Project Number 8.2250102
COE Action ID Number 199603836
EC
Prepared By:
Natural Systems Unit
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
Raleigh, North Carolina
April 20, 2000
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1.0 DESCRIPTION OF PROPOSED PROJECT
The North Carolina Department of Transportation (NCDOT) proposes to construct
Sections A and B of the Smith Creek Parkway from Third Street to Twenty-third Street in the
City of Wilmington (TIP No. U-92A/B). The proposed project is a 3.6-mile divided four-lane
limited-access roadway. This facility will connect with the previously constructed Section C of
the Smith Creek Parkway on the eastern end, and the Third Street Northeast Cape Fear River
Bridge on the western end. When completed, the Smith Creek Parkway will serve as a bypass
around downtown Wilmington, allowing traffic to move more easily from east to west and
reducing congestion on Market Street. The alignment of the project is generally north of Smith
Creek, and crosses the creek twice. The environmental impacts of the project have been
addressed in several documents, most recently the Final Supplemental Environmental Impact
Statement (FHWA, 1998). Efforts have been made to reduce the acreage of wetlands impacted
by this project. By analyzing several alternatives for potential impacts and extending bridges to
avoid wetlands, the total area of impacted wetlands was reduced to 6.9 acres. The total amount
of streams impacted by the proposed project is 875 linear feet.
2.0 IMPACTED WETLAND RESOURCES
2.1 Methodology
Impacted jurisdictional wetlands and streams were delineated using the parameters
provided in the "Corps of Engineers Wetland Delineation Manual (87 Manual)" (DOA 1987).
The delineations were done in May 1995 and January 1999, and confirmed by the US Army
Corps of Engineers.
2.2 Affected Environment
A total of 6.9 acres of jurisdictional wetlands will be impacted by the construction of the
project. These wetlands are described as Coastal Plain Bottomland Hardwood Forest (5.5 acres)
and Tidal Cypress-Gum Swamp Forest (1.4 acres). These communities have been described in
the Natural Resources Technical Memorandum for Jurisdictional Wetlands Biotic Communities
and Protected Species (HNTB 1994).
3.0 WETLAND MITIGATION SITES
Several sites will provide compensatory mitigation to offset unavoidable impacts to
wetlands as a result of construction of TIP No. U-92A/B. These sites are:
• Third Street Site (at the Third Street Bridge)
• McRae Street Site (at the present location of McRae Street)
• Smith Creek Site (behind the Corbett Lumber Company)
• Waste Treatment Site (at the waste treatment plant on Division Drive)
• County Property Site (on New Hanover County property adjacent to Smith Creek)
• Kerr Avenue Site (near North Kerr Avenue)

These sites are all within the City of Wilmington, and are adjacent to Smith Creek, except
the Third Street Site which is adjacent to the Northeast Cape Fear River. The locations of these
sites are shown in Figure 1.
3.1 Site Descriptions
3. 1.1 Third Street Site
This site is approximately 1.3 acres in size and is located where the Smith Creek Parkway
will join the Third Street Bridge at the Northeast Cape Fear River. Vegetation on this site
consists mainly of weedy species such as Chinese privet (Ligustrum sinense), kudzu (Pueria
lobata), multiflora rose (Rosa multiflora), poison ivy (Toxicodendron radicans), and Japanese el
honeysuckle (Lonicera japonica), as well as upland vegetation such as loblolly pine (Pinus
taeda), tulip tree (Liriodendron tulipifera), southern magnolia (Magnolia grandiflora), grape
(Vitis rotundifolia), and greenbriers (Smilax spp.). Soils in this area are mapped as Urban,
indicating disturbance from development so that the soil properties have been altered to the
extent that a soil series cannot be recognized. Grading this area down and planting with
hardwood trees and shrubs will result in the creation of 1.3 acres of bottomland hardwood forest.
3.1.2 McRae Street Site
This site is approximately 13.8 acres in size, and consists of tidal marsh south of Castle
Hayne Road, adjacent to Smith Creek. Currently, McRae Street acts as a dike, with the only
hydrological exchange between the east and west sides of the road occurring through two 18-inch
diameter culverts. The proposed project design calls for removing the portion of McRae Street
that passes through the marsh and replacing it with a low bridge, approximately 6.5 feet above
the surface of the marsh. This will result in the restoration of 1.1 acres of tidal marsh wetland
within the present footprint of McRae Street and enhancement of 12.7 acres of tidal marsh
wetland to the west of the road, through restored hydrological connection. Soils in this area are
mapped as Dorovan, which is listed as hydric.
Vegetation on this site consists mainly of black needlerush (Juncus roemarianus),
arrowhead (Sagittaria falcata), and narrow-leaved cattail (Typha angustifolia). Shrubs such as
black willow (Salix nigra), wax myrtle (Myrica cerifera), and silverling (Baccharis halimifolia)
are present along the edges of the marsh, and there are numerous dead bald cypress (Taxodium
distichum) standing in the center.
3.1.3 Smith Creek Site
This site is approximately 27.7 acres in size and is located south of Castle Hayne Road
behind the Corbett Lumber Company, adjacent to Smith Creek. The mitigation plan for the
Smith Creek Site has already been written, as it was originally planned to offset wetland impacts
associated with construction of Section C of the Smith Creek Parkway. For a description of this
site, see the Compensatory Mitigation Plan for Smith Creek, Spring Branch, and Dreyfours South
Mitigation Sites (NCDOT 1996). Since this Mitigation Plan was written, an additional 2.8 acres
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of mitigation has been proposed for construction in the area under the proposed bridge. This will
result in the restoration of 11.7 acres and preservation of 16.0 acres of Tidal Swamp Forest.
3.1.4 Waste Treatment Site
This site is 0.8 acres in size, and is located adjacent to the Bridge Maintenance Mitigation
Site (currently under construction), on the present site of a New Hanover County waste treatment
facility. This site is heavily maintained, and vegetation found here includes weedy species such
as fescue (Festuca spp.), henbit (Lamium amplexicaule), narrow-leaved plantain (Plantago
lanceolata), dandelion (Taraxacum ofnale), geranium (Geranium spp.), vetch (Vicia spp.),
verbena (Verbena bonariensis), red clover (Trifolium pratense), blackberry (Rubus spp.), and
silverling. Soils in this area are classified as Urban, indicating disturbance from development so
that the soil properties have been altered to the extent that a soil series cannot be recognized.
Mitigation activities on this site will result in the creation of 0.8 acres of Tidal Swamp Forest.
3.1.5 County Property Site
This site is comprised of three adjacent areas, totaling 1.9 acres, and is located between
the CSX Railroad and Twenty-third Street on property currently owned by New Hanover County.
This site is currently upland, and vegetation found here includes loblolly pine, southern
magnolia, red maple (Acer rubrum), tulip tree, grapes, and greenbrier. Soils in this area are
classified as Kenansville fine sand (0-3% slope) in the eastern portions of the site and Craven
fine sandy loam (14%) in the western portion, both of which are listed as non-hydric. Mitigation
activities on this site will result in the creation of 1.9 acres of Tidal. Swamp Forest.
3.1.6 Kerr Avenue Site
This site consists of approximately 47 acres of Cypress-Gum Swamp preservation, and is
located east of North Kerr Avenue and north of Smith Creek (Figure 2). Soils at this site are
classified as Dorovan in the southern portion and Johnston in the northern portion. These soils
are both listed as hydric. There are small areas of Murville fine sand and Baymeade fine sand in
the extreme northwestern side, both of which are listed as non-hydric.
This area is dominated by bald cypress, with loblolly pine in the higher elevation areas.
Other species in the canopy include red maple, sweetgum, water oak (Quercus nigra), and
sweetbay (Magnolia virginiana). The understory is composed of sweet pepperbush (Clethra
alnifolia), fetterbush (Lyonia* lucida), American holly (Ilex opaca), and sweetbay. Vines present
in this community include greenbrier, poison ivy, muscadine grapes, and Japanese honeysuckle.
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4.0 WETLAND MITIGATION ACTIVITIES
4.1 Third Street Site
Mitigation activities on this site will involve grading down the area adjacent to and under
the Third Street Bridge, where the Smith Creek Parkway joins the bridge (see attached design
sheets). This area was historically upland and/or filled wetlands; it will be graded to an elevation
of 3.6 feet and planted with an appropriate selection of plant species. Shrub species such as
buttonbush (Cephalanthus occidentalis), Virginia sweetspire (Itea virginica), smooth alder
(Alnus serrulata), and red chokeberry (Aronia arbutifolia) will be planted near and under the
bridges. Bottomland hardwood tree species such as laurel oak (Quercus laurifolia), overcup oak
(Q. lyrata), willow oak (Q. phellos), and green ash (Fraxinus pennsylvanica), and will be planted
in areas farther from the bridges, as available. The trees/shrubs will be planted at a density of
approximately 680 plants per acre. Construction of this site will take place after all road and
bridge construction activities in the area are completed.
4.2 McRae Street Site
Wetlands will be restored by first removing the section of McRae Street that passes
through the marsh (see attached design sheets). Then the fill material associated with the road
will be removed and the site graded down to an elevation similar to that of the surrounding areas
of unfilled wetlands. If necessary, the soil will be rehabilitated in order to facilitate colonization
from the adjacent marsh. The road will be replaced on a low bridge, approximately 6.5 feet
above the marsh. No planting activities are planned for this site, as it already supports marsh
vegetation; and colonization of the graded area under portions of the proposed bridge is expected
to occur quickly.
4.3 Smith Creek Site
The mitigation plan for the Smith Creek Site has already been written and submitted, as it
was originally planned to offset wetland impacts associated with construction of Section C of the
Smith Creek Parkway. For a description of the site and proposed mitigation activities, see the
Compensatory Mitigation Plan for Smith Creek, Spring Branch, and Dreyfours South Mitigation
Sites (NCDOT 1996). This plan will be implemented as written, except for the expansion of the
area of wetland restoration to include the area under the proposed bridge over Smith Creek (see
attached design sheets). No trees will be planted in this area, as it will be under a bridge;
however, herbaceous vegetation will be planted.
The area not under the proposed bridge will be planted with bald cypress (Taxodium
distichum), big cordgrass (Spartina cynosuroides), and sawgrass (Cladium jamaicense). It is
uncertain whether the bald cypress will survive due to changes in the hydrologic regime of Smith
Creek. Increased tidal amplitude and natural sea level rise, as well as the increased salinity in
Smith Creek in the recent past, has caused a significant reduction in the density of bald cypress in
the wetlands surrounding the creek (Hackney and Yelverton, 1990). Trees as tall as possible will
be utilized for planting in the restoration area. This will 41low the crowns to remain above the
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elevation of the highest tides and help to increase their chance of survival. The cypress trees will
be planted at a density of 108 trees per acre.
Herbaceous marsh vegetation (big cordgrass and sawgrass) will be planted over the whole
site, including the area under the proposed bridge, at a density of 4840 plants per acre. It may be
necessary to plant a 75:25 mix of Spartina:Cladium, rather than 50:50, due to difficulty in
obtaining Cladium. Colonization by other native species is expected to result in the development
of species composition in the mitigation area similar to that of the relatively undisturbed flood
plain of Smith Creek.
4.4 Waste Treatment Site
Mitigation activities on this site will involve removal of the existing waste treatment
facility and grading the area outside the fill slope of the proposed roadway to an elevation of
approximately 2.0-2.2 feet, adjusted as necessary to tie into the adjacent Bridge Maintenance
Mitigation Site and existing natural wetlands (see attached design sheets). The area will then be
planted with bald cypress, big cordgrass, and sawgrass. A mentioned above, it is uncertain
whether the bald cypress will survive due to changes in the hydrologic regime of Smith Creek.
Trees as tall as possible will also be used in the planted areas of this site. The cypress trees will
be planted at a density of 108 trees per acre.
Herbaceous marsh vegetation (big cordgrass and sawgrass) will be planted between the
trees, at a density of approximately 4840 plants per acre. It may be necessary to plant a 75:25
mix of Spartina:Cladium, rather than 50:50, due to difficulty in obtaining Cladium. Colonization
by other native species is expected to result in the development of species composition in the
mitigation area similar to that of the relatively undisturbed flood plain of Smith Creek.
4.5 County Property Site
Mitigation activities on this site will involve grading the area outside the fill slope of the
proposed roadway to an elevation of approximately 2.0-2.2 feet, adjusted as necessary to tie into
the adjacent existing natural wetlands (see attached design sheets). The area will then be planted
with bald cypress, big cordgrass, and sawgrass. Again, it is uncertain whether the bald cypress
will survive due to changes in the hydrologic regime of Smith Creek. Trees as tall as possible
will also be used in the planted areas of this site. The cypress trees will be planted at a density of
108 trees per acre.
-Big cordgrass and sawgrass will be planted between the trees at a density of
approximately 4840 plants per acre. It may be necessary to plant a 75:25 mix of
Spartina:Cladium, rather than 50:50, due to difficulty in obtaining Cladium. Colonization by
other native species is expected to result in the development of species composition in the
mitigation area similar to that of the relatively undisturbed flood plain of Smith Creek.
4.6 Kerr Avenue Site
Forty-seven acres of existing Cypress-Gum Swamp (Blackwater Subtype) at the Kerr
Avenue Site will be preserved (see Figure 2). There will be no construction activities (grading or
planting) at this site. The property will be preserved in perpetuity through the transfer of the
deed to a resource agency (public or private) acceptable to the appropriate regulatory agencies.
Covenants and/or restrictions on the deed will be included that will ensure protection of the site
in perpetuity.
5.0 MONITORING PLAN
5.1 Third Street Site
Hydrology;
Two groundwater monitoring wells (40-inch), a surface water gauge, and a rain gauge
will be placed in the planted area of the site. Data from these wells will be collected throughout
the year, with particular attention given to the growing season (February 27 through November
26). Hydrological success of this area will be determined using data from these wells to S
demonstrate that inundation or saturation within 12 inches of the surface has existed ,
consecutively for at least 12.5% of the growing season.
Vegetation:
This site will be monitored through the use of a minimum of two 50-foot x 50-foot
sampling plots, placed within the planted areas. The total number of live trees/shrubs within
each plot will be counted during each monitoring period. The site will be considered successful
if there is a survival rate of 320 trees/shrubs per acre after three years and 259 trees/shrubs per
acre after five years.
5.2 McRae Street Site
No monitoring activities are planned for this property; the site will be graded down to
restore the hydrology of the area, and no planting is planned.
5.3 Smith Creek Site
Hydrology:
Water level data already collected from the Bridge Maintenance Mitigation Site (adjacent
to the Smith Creek Site and the Waste Treatment Site) indicates that an elevation of 2.5 feet
above sea level will result in flooding approximately 37% of the time. In order to ensure that the
Smith Creek Site accomplishes this, the elevations of a series of points located throughout the /
site will be measured after grading is complete. This will ensure that the target elevation of the v
site is met (2.5 feet above sea level). A tide gauge will be installed on the adjacent Bridge
Maintenance Mitigation Site to monitor the tidal regime in this stretch of Smith Creek and serve
as a reference for the Smith Creek, Bridge Maintenance, Waste Treatment, and County Property
Sites.. This gauge will record the water depth in Smith Creek every hour for one growing season
(February 27 through November 26). These data will then be compared to the elevation data to
confirm the period of flooding at the Smith Creek Site.
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Vegetation:
Emergent herbaceous vegetation monitoring of the site will utilize a system of sample
plots randomly located within the previously delineated restoration area, using GPS software and
different coordinates each year. The location of the sample plots in the field will be determined
using real-time GPS. Sampling will take place at the end of the growing.season. A total of 180
1.0-m2 sample plots will be located in the planted area.
In order to assess the success of the site, sample plots will be taken in the planted marsh
areas. Specific success criteria for the marsh restoration will be frequency of emergent
herbaceous vegetation, determined by using the Braun-Blanquet Technique (see Appendix 1) as
recommended by the National Marine Fisheries Service. Frequency will be determined by F=
(n,,/ny) x 100, where F= frequency, n,,= the number of plots where emergent herbaceous
vegetation occurs, and ny= total number of plots. Density (cover) will be determined by D=
EBB/n, where D= density, EBB = the sum of Braun-Blanquet scale values for all plots, and n= the
total number of plots. The site will be considered a success if the calculated value for density
is greater than or equal to 5.0 (75% cover) by the end of the fifth growing season. If
frequency falls below 70% at the end of any growing season, replanting will be undertaken to
reestablish the grass species. If Phragmites australis appears in any monitoring period, in more
than five sampling plots, then the Department of Transportation will consult with the Corps of
Engineers to develop potential control measures.
Bald cypress monitoring will utilize two 100.0 x 100.0 ft sampling plots. These plots will
be placed within the planted areas, and the total number of live trees within the plot counted
during each monitoring period. As mentioned above, changes in the hydrology of Smith Creek
have caused the decline in natural bald cypress populations, and it is uncertain if the planted bald
cypress trees will survive. NCDOT will. not be responsible for the success of the cypress trees.
5.4 Waste Treatment Site
Hydrology:
The hydrologic success of this site will be evaluated in the same way described for the
Smith Creek Site. After grading is complete, the elevations of a series of points located
throughout the site will be measured to ensure that the target elevation (2.0-2.2 feet above sea
level) is met. These data will then be compared to data from the tide gauge located at the Bridge
Maintenance Mitigation Site to confirm the period of flooding.
Vegetation:
This site will be monitored using the same protocols described above for the Smith Creek
Site. A total of 30 sampling plots will be taken within the planted area. The success criteria will
be the same as those described for the Smith Creek Site.
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5.5 County Property Site
Hydrology:
The hydrologic success of this site will be evaluated in the same way described for the
Smith Creek Site. After grading is complete, the elevations of a series of points located
throughout the site will be measured to ensure that the target elevation (2.0-2.2 feet above sea
level) is met. These data will then be compared to data from the tide gauge located at the Bridge
Maintenance Mitigation Site to confirm the period of flooding.
Vegetation:
This site will be monitored using the same protocols described above for the Smith Creek
Site. A total of 30 sampling plots will be taken within the planted area. The success criteria will
be the same as those described for the Smith Creek Site.
5.6 Kerr Avenue Site
No monitoring activities are proposed for this property, as the site will be preserved, no a
grading or planting is planned.
6.0 WETLAND AND STREAM MITIGATION SUMMARY
NCDOT proposes to provide compensatory mitigation for unavoidable impacts to
wetlands resulting from the construction of TIP Project Number U-92A/B through restoration
and preservation of Tidal Swamp Forest at the Smith Creek Site, restoration and enhancement of
Tidal Freshwater Marsh at the McRae Site, creation of Bottomland Hardwood Forest at the Third
Street Site, restoration of Tidal Swamp Forest at the Waste Treatment and County Property Sites
and preservation of existing Tidal Cypress-Gum Swamp on the Kerr Avenue Site. Acreages for
each type of mitigation at each site are given in Table 1.
Table 1. Wetland. Mitigation for Sections A and B of t?Le mith Creek Parkway. s ?N
-Mitigation Site Restoration Cr n Enhancement Preservation Total
Third Street 1.3 1.3
McRae Street 1.1 12.7 13.8
Smith Creek 11.7 16.0 27.7
Waste Treatment 0.8 0.8
County Property 1.9 1.9
Kerr Avenue 47.3 47.3
Total 12.8 -4.0 12.7 63.3 92.8
NCDOT proposes two ways to provide compensatory mitigation for 875 linear feet of
unavoidable impacts to streams. First, approximately 360 feet of impact will be offset by
relocating a stream channel and reconstructing it using natural channel design. The remainder of
the stream impact (515 feet) will be mitigated (at 1.4:1) through an agreement with the North
Carolina Wetland Restoration Program for a total of 720 linear feet of stream channel restoration.
ti
7.0 IMPLEMENTATION SCHEDULE
Construction of all the wetland mitigation sites and on-site stream mitigation will be
implemented concurrently with the construction of TIP Project Number U-92A/B. The NC
Wetland Restoration Program has been contacted regarding the remaining 720 feet of stream
mitigation, and has agreed to provide it. NCDOT has purchased and holds title to the Kerr
Avenue Site.
8.0 AS-BUILT REPORT AND DRAWINGS
As-built descriptions, photographs, and plans describing the Smith Creek, Third Street,
Waste Treatment, and County Property Mitigation Sites will be provided to the appropriate
regulatory agencies within 90 days after the mitigation project is completed. This information
will include, but not be limited to, descriptions of vegetation establishment, vegetation
monitoring plot locations, ground and surface water gauges (if any), and final ground elevations.
9.0 ANNUAL REPORT PREPARATION AND SUBMITTAL
Annual reports for the Smith Creek, Third Street, Waste Treatment, and County Property
Mitigation Sites, including photographs (or copies thereof), will be prepared annually after field
monitoring activities are completed. Vegetation and hydrologic data will be included in these
reports, as well as information on any significant developments on the sites. Copies of these
reports will be submitted to the appropriate regulatory agencies by January 31 of each year
following monitoring for five years after planting the mitigation site.
10.0 CONTINGENCY PLANS
Establishment of cypress trees over the restoration area of the Smith Creek, Waste
Treatment, and County Property Mitigation Sites is proposed, although there is evidence that they
may not survive because of increases in salinity, tidal amplitude, and sea level (Hackney and
Yelverton, 1990). Consequently, cypress mortality may occur and the areas may develop into
emergent marsh communities. The vegetation success criteria will therefore be based on
emergent marsh vegetation.
Should noxious plant species become established on the Third Street, Smith Creek, Waste
Treatment, or County Property Sites, NCDOT will undertake appropriate control measures using
accepted chemical, biological, and/or cultural methods.
11.0 DISPENSATION OF PROPERTY
NCDOT will maintain ownership of the mitigation properties until all mitigation
activities are completed. Although no final plan for dispensation of the properties has been
developed, NCDOT may deed the properties to a resource agency (public or private) acceptable
9
to the appropriate regulatory agencies. Covenants and/or restrictions on the deeds will be
included that will ensure adequate management and/or protection of the sites in perpetuity.
12.0 REFERENCES CITED
Department of the Army (DOA). 1987. Corps of Engineers Wetland Delineation Manual. Tech..
Rpt. 87-1, Waterways Experiment Station, COE, Vicksburg, Mississippi.
FHWA, 1998. Final Supplemental Environmental Impact Statement and Final Section 4(f)
Statement: Smith Creek Parkway from Third Street to Kornegay Avenue, Wilmington,
New Hanover County, North Carolina. State Project Number 8.2250101, U-92A/B,
Federal Project No. MAM-M-5851(2).
Hackney, C. T., and G. F. Yelverton. 1990. Effects of Human Activities and Sea Level Rise on
Wetland Ecosystems in the Cape Fear River Estuary, North Carolina, USA. pp. 55-61.
In: Whigman, D. F., ed. Wetland Ecology and Management: Case Studies. Kluwer
Academic Publishers, The Netherlands.
HNTB (Howard, Needles, Tammen, and Bergendoff). 1994. Natural Resources Technical
Memorandum for Jurisdictional Wetlands, Biotic Communities and Protected Species:
Smith Creek Parkway and Downtown Spur, Wilmington, New Hanover County, North
Carolina. State Project Number 8.2250102, U-92, Federal Project Number M-5851(2).
NCDOT. 1996. Compensatory Mitigation Plan for Smith Creek, Spring Branch, and Dreyfours
South Mitigation Sites. Smith Creek Parkway, New Hanover County. TIP Project No.
U-92C, State Project No. 8.2250101, Federal Project No. MAM-M-5851(2).
Schafale, Michael P., and Alan S. Weakley. 1990. Classification of the Natural Communities of
North Carolina, Third Approximation. North Carolina Natural Heritage Program,
Division of Parks and Recreation. NC Department of Environment, Health, and Natural
Resources.
U. S. Department of Agriculture (USDA). 1977. Soil Survey of New Hanover County, North
Carolina. USDA Soil Conservation Service.
10
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. 1501 MAIL SERVICE CENTER, RALEIGH, NC 27699-1501 DAVID MCCOY
GOVERNOR SECRETARY
August 30, 2000
Mr. John Hennessy
NCDENR-Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
Subject: New Hanover County, Smith Creek Parkway (Sections A and B)
TIP No. U-92A/B, State Project No. 8.2250102
COE Action ID No. 199603836
Dear Sir:
Per your August 22, 2000 and August 28, 2000 conversations with Sue Brady
concerning the subject project, the following information is provided in response to the
issues which have been raised.
1. Use of jetting to set piles at Third Street/ NE Cape Fear River: We do not
anticipate using jetting to install the piles, but some jetting may be required because
isolated borings show medium to dense sands in the subsurface profiles, which may
hinder driving displacement-type piles. If jetting is required, containment of any
displaced material will be accomplished through the use of a filter-fabric or silt-fence
type enclosure around the pile footing. Displaced material will be vacuumed out of
the containment area and deposited in an upland disposal area. These activities would
take place using the temporary work bridges proposed for bridge construction.
2. Area of bridge footings affecting acreage of the Third Street Mitigation Site:
This site was described in the mitigation plan as 1.3 acres in size, with a rough
estimate for the area of the bridge footings subtracted. Due to concerns raised by
DWQ about whether the areas of the footings were subtracted from the total area, the
acreage of the mitigation site was recalculated using the more finalized bridge designs
now available. These calculations showed the net area of the mitigation site to be 1.2
acres. This still leaves a greater than 1:1 ratio of restoration/creation vs. impact for
U-92 Sections AB/C.
W,

If you have any questions or need additional information please call Ms. Sue
Brady at [phone] ext. 270.
Sincerely,
1-V1 C- . a_
William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
cc: Mr. David Timpy, COE, Wilmington
Mr. Ed Brooks, DCM
s

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFEH 10
Regulatory Division
October 5, 1999
ACTION ID. 199300597, TIP U-92C, Smith Creek Parkway, Wilmington, North Carolina.
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
Division of Highways
Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Gilmore:
Reference our meeting of April 29, 1999 and your letters dated May 28, 1999,
July 22, 1999, and September 14, 1999 regarding a modification to the Department of
the Army Permit dated August 21, 1996 for the subject project.
As you are aware, the subject permit authorized the placement of fill material into
approximately 20.4 acres of wetlands associated with Smith Creek and it's tributaries to
construct a portion of the Smith Creek Parkway, TIP U-92-C. Special condition (d) of the
original permit required the completion of both the Spring Branch and Smith Creek Mitigation
Sites when construction of Smith Creek Parkway (TIP U-92C) was. completed. A permit
modification issued on October 5, 1998 extended the completion date of the Smith Creek
Mitigation Site to June 1, 1999.
Construction of Smith Creek Parkway (TIP U-92-C) and the Spring Branch Site are
now complete. However, completion of the Smith Creek Mitigation Site has been delayed
due to access problems and contractual problems related to potential contamination of the site
by hazardous materials. As stated in your letters of May 29, 1999 and September 14, 1999,
construction of the Smith Creek Mitigation Site is proposed to take place concurrent with
construction of and to compensate for wetland impacts associated with Sections U-92A and
U-92B.
In order to satisfy the remaining mitigation requirements of Section U-92C, you have
requested authorization to construct, at this time, the Bridge Maintenance Mitigation Site in lieu
of the Smith Creek Mitigation Site. This site is located adjacent to Smith Creek at the,NCDOT
Bridge Maintenance complex located on Division Drive. As stated in your letter of
September 14, 1999 construction of this site will occur in two Phases. Phase I construction
consist of 5.76 acres of grading and planting that extends to the ROW limits of Section U-92A.
Phase I will be complete by June 15, 2000. Phase H construction includes grading and planting
of the remainder of the site, 0.63 acres, within the ROW limit for Section U-92A.
Your DA permit for TIP U-92C is hereby modified to read as follows:
Special Condition (d). The mitigation requirement to construct the Smith Creek
Mitigation Site will be replaced by construction of the Bridge Maintenance Mitigation Site as
described in the North Carolina Department of Transportation letters dated May 28, 1999,
July 22, 1999, and September 14, 1999. A final mitigation plan for the Bridge Maintenance Site
shall be submitted for approval by the District Engineer no later than December 1, 1999. All
construction and planting activities at the Bridge Maintenance Site, Phase I, shall be completed
no later than June 15, 2000. Phase II (ROW portion) will be completed concurrent with
construction of Section U-92A provided U-92A is authorized. If U-92A is not authorized,
additional mitigation will be required. Monitoring procedures utilized for the Bridge
Maintenance Mitigation Site shall be coordinated with the National Marine Fisheries Service
(NMFS) as requested in its letter dated September 13, 1999 (copy attached).
All other conditions of your Department of the Army permit shall remain in full force and
effect.
Should you have any questions, please contact Mr. David L. Timpy of our Wilmington
Field Office at telephone [phone].
Sincerely,
James W. DeLony
Colonel, U.S. Army
District Engineer
Enclosure
2
l . ,
Copies Furnished(without enclosure):
Mr. Joe Blair
Division Engineer
North Carolina Department of Transportation
124 Division Drive
Wilmington North Carolina 28401
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. David Cox
North Carolina Wildlife Resources Commission
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. John Dorney
North Carolina Dep Environment
and Natural Resources
Water Quality Division
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
3
?' SU7Fo
STATE OF NORTH CAROLINA hey
DEPARTMENT OF TRANSPORTA O<< _ O
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NO
GOVERNOR SFR
28 May 1999
U.S. Army Corps of Engineers
Regulatory Field Office
P.O. Box 1890
Wilmington, NC 28402-189:
ATTENTION : Mr. David Timpy
NCDOT Coordinator
Dear Sir:
Subject: New Hanover County, Smith Creek Parkway (Sections A and B)
TIP No. U-92AB, State Project No. 8.2250102
COE Action ID No. 199603836
The North Carolina Department of Transportation (NCDOT) proposes to construct
Sections A and B of Smith Creek Parkway, a controlled-access, four-lane, divided highway.
These sections extend from Twenty-third Street to Third Street in the City of Wilmington, and
total approximately 3.6 miles in length on new alignment. This facility will connect with the
previously constructed Section C of the Smith Creek Parkway on the eastern end, and the NC
117 Northeast Cape Fear River Bridge on the western end. When completed, the Smith Creek
Parkway will serve as a bypass around downtown Wilmington, allowing traffic to move more
easily from east to west and reducing congestion on Market Street.
Summary of project impacts: Impacts to jurisdictional areas of Sections U-92A and B
consist of 6.5 acres of fill in wetlands and up to 360 feet of impact to streams.
1. Section U-92A: Impacts to jurisdictional areas of Section U-92A consist of 1.6
acres of fill in wetlands and up to 360 feet of impact to streams.
2. Section U-9213: Impacts to jurisdictional areas of Section U-92B consist of 4.9
acres of fill in wetlands and none to streams..
3. Miti ag tion: We have avoided and minimized impacts to the maximum extent
possible. For the remaining impacts to jurisdictional wetlands and streams, we
propose compensatory mitigation at four sites. These are the Smith Creek, McRae
Street, Third Street, and North Kerr Avenue Mitigation Sites. The mitigation plans
for these sites are part of this application. Detailed discussions of the wetland and
stream impacts are presented in this letter. Also included in this application is the
mitigation plan for the Bridge Maintenance Site, which is being used as partial
mitigation for Section C of the Smith Creek Parkway.
NEPA DOCUMENT STATUS
A Final Supplemental Environmental Impact Statement (FSEIS) for the Smith Creek
Parkway (A and B Sections) was approved by the Federal Highway Administration (FHWA)
on 30 March 1998. This document describes the need for transportation improvements in an
east-west linkage corridor to avoid congestion in downtown Wilmington, especially or
Market Street. In addition, existing and projected conditions of the study area were describe",
including natural systems and wetlands. Alignments were evaluated with respect to cost.
social and economic impacts, and environmental consequences. The Record of Decision
(ROD) was approved on 13 August 1998. Copies of the FSEIS and ROD have been provided
to regulatory review agencies involved in the approval process. Additional copies will be
provided upon request.
DESIGN STATUS
The schedule for the design of Sections A and B of the Smith Creek Parkway is
proceeding based on the letting of the construction contracts (Let Dates). As of 25 May 1999,
the let date for U-92A is November 2001, and the let date for U-92B is November 2003. In
both cases, the drawings included in this permit application are based on Preliminary Designs,
as final designs are not yet complete.
RESOURCE STATUS
Wetland Delineations: Wetland delineations were conducted using the criteria
specified in the 1987 Corps of Engineers Wetland Delineation Manual. The delineations were
verified in the field by representatives of the Wilmington Regulatory Field Office.
Endangered Species: Plants and animals with Federal classifications of Endangered or
Threatened are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of 15 January 1999, the U.S. Fish and Wildlife Service
(FWS) lists ten species for New Hanover County (Table 1).
2
Table 1. Federally Protected Species for New Hanover Co
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Caretta caretta Loggerhead turtle T
Charadrius melodus Piping plover T
Chelonia mydas
Picoides borealis
Trichechus manatus
Amaranthus pumilus
Lysimachia aesperulaefolia
Thalictrum coolevi
Green sea turtle T
Red-cockaded woodpecker E
Manatee E
Seabeach amaranth T
Rough-leaved loosestrife E
Cooley's meadowrue E**
"E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range.
"T'- Threatened- a species likely to become endangered within the foreseeable future throughout all or a
significant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare specie-
and listed for its protection.
* *- Obscure record- the date and/or location of observation is uncertain.
Of these ten species, only four (shortnose sturgeon, manatee, rough-leaved loosestrife,
and Cooley's meadowrue) are known to occur, are reported to have been found, or have
habitat within the project study area. Descriptions for all species and Biological Conclusion:-
for the six unaffected species are given in the Natural Resources Technical Memorandum
(HTNB 1994) and the FSEIS (1998).
In the case of the shortnose sturgeon, a Section 7 Consultation was conducted for the
upstream sections of Smith Creek Parkway (U-92C and U-92D), and was also undertaken for
Sections A and B of the Parkway. This Consultation was inconclusive due to insufficient
data, and NCDOT will therefore assume that the shortnose sturgeon and/or suitable habitat are
present. The National Marine Fisheries Service (NMFS) concurred that the presence of this
species for breeding in Smith Creek is unlikely, since they need fresher water found farther up
the Cape Fear River System (as per letter dated 5 November 1996). Possible impacts to this
species will be minimized by using NCDOT's Best Management Practices (BMPs) to limit
sedimentation, as well as using drilled piers (year-round) or driven piles (only between 1 June
and 31 January).
In the case of the manatee, discussions with the NMFS and the FWS indicated that
although this species could occur in the project area in late summer, this would be unusual, as
the project is outside their normal range. The FWS concurred that the project is not likely to
adversely affect the manatee (as per letter dated 15 August 1996). However, NCDOT is
expected to implement the Manatee Construction Precautions (and include these in the
construction contract), and suspend work in the water if manatee are sighted in the work area.
In the case of the rough-leaved loosestrife and Cooley's meadowrue, surveys were
done in areas of appropriate habitat within the project corridor and the North Carolina Natural
Heritage Program (NHP) database of rare species and unique habitats was consulted to

determine whether these species occur in the project area. No plants of either species were
discovered during the field surveys, and the NHP database contained no records for either
species in the project area. The FWS concurred that the project will have no effect on rough-
leaved loosestrife and Cooley's meadowrue (as per letter dated 21 October 1997).
MITIGATION OPTIONS
The Corps of Engineers has adopted, through the Council on Environmental Quality
(CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands"
and sequencing. The purpose of this policy is to restore and maintain the chemical,
biological, and physical integrity of Waters of the United States. Mitigation of wetland and
surface water impacts has been defined by the CEQ to include: avoiding impacts, minimizing
impacts, rectifying impacts, reducing impacts over time, and compensating for impacts (40
CFR 1508.20). Executive Order 1.1990 (Protection of Wetlands) and DOT Order 5660.1A
(Preservation of the Nation's Wetlands), emphasize protection of the functions and values
provided by wetlands. These directives require that new construction in wetlands be avoided
as much as possible, and that all practicable measures are taken to minimize or mitigate
impacts to wetlands.
The NCDOT is committed to mitigating impacts to streams. 'We commit to
identifying restorable stream lengths associated with each section within one year of issuance
of the permit, and to complete such restoration no later than the expiration date of the permit.
The NCDOT is committed to incorporating reasonable and practicable design features
to avoid and minimize wetland impacts, and to provide full compensatory mitigation of
remaining wetland impacts. Avoidance measures were taken during the planning and
EIS/ROD phases; minimization measures were incorporated as part of the project design.
AVOIDANCE: All wetland areas not affected by the project will be protected from
unnecessary encroachment. No staging of construction equipment or storage of construction
supplies will be allowed in wetlands or near surface waters.
1. Wetland impacts were avoided on U-92A and B during the preliminary design
phase by placing the alignments in the most environmentally friendly area,
resulting in the minimal amount of wetland impact for this project.
2. Stations 30+00 and 32+00: To avoid impacting an area of Tidal Cypress-Gum
Swamp (Blackwater Subtype) behind the Corbett Package Company, the bridge
across Smith Creek was extended. This bridge now ends at approximately Station
32+00 rather than at Station 30+00, and requires no fill in the wetland. Work
bridges that avoid the use of temporary causeways will be used to the maximum
extent possible. However, because the final structure design is not complete, it is
not possible to determine the precise impact to wetlands in this area.
4
3. Station 23+00: To avoid impacting an area of Tidal Marsh west of Smith Creek at
McRae Road, the bridge across Smith Creek begins at approximately Station
23+00 , and requires no fill in the wetland. (Note: this is the same bridge that was
extended to avoid fill in the cypress-gum wetland behind the Corbett Package
Company, as described above.)
MINIMIZATION: Minimization includes the examination of appropriate and
practicable steps to reduce adverse impacts. Minimization techniques were implemented as
follows:
1. Slopes: The policy of NCDOT is to utilize 2:1 fill slopes in jurisdictional areas.
However, this slope is typically not possible in the more unstable soils of the
Coastal Plain and 3:1 slopes may be necessary for this project..
2. Best Management Practices: Strict enforcement of sedimentation and erosion
control Best Management Practices (BMPs) for the protection of surface waters
and wetlands will be employed.
3. Ditching: It is the policy of the NCDOT to eliminate lateral ditching in wetlands,
thus preserving the hydrology of adjacent wetlands.
4. Median: The width of the median was reduced to approximately 30 feet, narrower
than the standard median width, to reduce potential wetland impacts. Grassed
medians and swales will be used where possible.
COMPENSATION: Mitigation is generally accomplished through a combination of
methods designed to replace wetland functions and values lost as a result of construction of
the project. These methods consist of creation of new wetlands from uplands, borrow pits,
and other non-wetland areas, and enhancement of existing wetlands.
All Compensatory Mitigation must be in compliance with 23 CFR Part 777.9,
"Mitigation of Impacts," that describes the actions that should be followed to qualify for
Federal-aid highway funding. This process is known as the FHWA "Step Down" procedures:
1. Consideration must be given to mitigation within the right-of-way and should
include the enhancement of existing wetlands and the creation of new wetlands in
the highway median, borrow pit areas, interchange areas, and along the roadside.
2. Where mitigation within the right-of-way does not fully offset wetland losses,
compensatory mitigation may be conducted outside the right-of-way, including
enhancement, creation, and preservation.
5
U-92A and B MITIGATION (Sections A and B, Smith Creek Parkway)
The North Carolina Department of Transportation will use several mitigation sites to
offset unavoidable impacts to Waters of the U.S. resulting from construction of Sections A
and B of the Smith Creek Parkway. These sites are known as the Smith Creek Site, McRae
Street Site, Third Street Site, and Kerr Avenue Site. All are located in the City of Wilmington
and are adjacent to Smith Creek, except the Third Street Site, which is adjacent to the
Northeast Cape Fear River. The Smith Creek, McRae Street, and Third Street Sites are
adjacent to the proposed project sections, and the Kerr Avenue Site is located approximately 2
miles northeast of the eastern end of the project. These sites will help restore, enhance, and/or
preserve the function of the floodplains of the waterbodies impacted by the proposed project.
A Mitigation Plan for these sites is attached.
Smith Creek Site: The Smith Creek Site is located south of the main buildinL, of the
Corbett Lumber Company, north of and adjacent to Smith Creek. It consists of approximately
8.9 acres of Cypress-Gum Swamp restoration and approximately 16.0 acres of Cypress-Gum
Swamp preservation. This site was one of nine identified during the initial Phase 1
investigation for mitigation opportunities near the Smith Creek Parkway. The Bridge
Maintenance Site, which will be used as mitigation for Section C of the Parkway, was also
identified during the Phase 1 investigation. but the remaining seven sites were discarded du-
to insufficient size, owners were not willing to sell, and/or contamination of the potentia
mitigation areas. An option to purchase the property for the Smith Creek Site was recorded
on 15 October 1996 and a mitigation plan for the site was completed and submitted to the
agencies on 23 September 1996. The final closing date on the purchase of this property from
Corbett Lumber Company was 11 December 1996. However, access to the site became a
problem, as the proprietors of the Corbett Lumber Company refused to grant permission for a
reasonable access route across their property to reach the mitigation site. An access
arrangement with the Corbett Lumber Company was ultimately reached on 19 November
1998. Due to the delay in accessing the site, a permit modification was needed to extend the
expiration date of the initial permit, under Special Condition (d). This permit modification
was approved by the USACE on 5 October 1998, and specified that construction and planting
of the site would be complete by 1 June 1999.
A contract to construct the Smith Creek Site was advertised, and a contract was
awarded on 15 December 1998, with the contractor scheduled to begin work on 25 January
1999. However, after the contract was awarded and accepted, the contractor surveyed the
site, and on 22 January 1999 asked to be released from the contract. He felt the site was
contaminated with hazardous materials that he was not qualified to handle. The NCDOT did
not feel that the site was seriously contaminated and was initially unwilling to release the
contractor. After consulting with the North Carolina Attorney General's office, NCDOT
finally agreed and the contractor was released shortly thereafter.
On 21 December 1998, the NCDOT Geotechnical Unit contracted with S&ME, Inc. to
conduct additional soil tests at the site to characterize the waste debris found there. The
Report of Findings from this study (dated 25 January 1999) indicates that no hazardous
6
materials were found on the site, although some materials may require special handling and
segregation during disposal. Construction of the Smith Creek Site will take place concurrent
with construction of Section A of the Smith Creek Parkway.
Additional soil studies are underway to determine if the area in the proposed right-of-
way, northwest of the mitigation site to the edge of Smith Creek, is suitable for mitigation
activities. This area is located under the proposed Smith Creek Parkway bridge, and if
approved by the Geotechnical Unit, this area would be graded down to provide an additional
2.0 acres of wetland restoration. Construction of this area would be done after all road and
bridge construction activities in the area are completed.
McRae Street Site: This site is located west of Smith Creek at McRae Street, and
consists of 0.9 acres of Tidal Marsh restoration and 12.7 acres of Tidal Marsh enhancemen*
Mitigation activities on this site will involve removing the existing road and fill, and replacing
the road on a low bridge. This will restore the hydrologic connection between the eastern and
western portions of the marsh, which currently are only in contact through two 18-inch
culverts. The construction activities on this site will take place concurrently with the
construction of Section A of the Smith Creek Parkway.
Third Street Bridge Site: This site is located near the Third Street Bridge over the
Northeast Cape Fear River, north of the proposed Smith Creek Parkway, and consists of 1.6
acres of Tidal Marsh creation. Mitigation activities on this site will involve grading down the
existing uplands and planting with appropriate vegetation. Construction of this site will take
place concurrently with construction of Section A of the Smith Creek Parkway.
Kerr Avenue Site: This site is located adjacent to Smith Creek and east of North Kerr
Avenue and consists of 47 acres of Tidal Cypress-Gum Swamp (Blackwater Subtype)
preservation. This property is an excellent candidate for preservation, as it is located between
an existing residential development and Smith Creek. The owner indicates a willingness to
sell and an appraisal of the property was initiated on 5 April 1999.
U-92C MITIGATION (Section C, Smith Creek Parkway)
Bridge Maintenance Site: This site will be used for partial mitigation for wetland
impacts associated with construction of Section C of the Smith Creek Parkway, which was
completed in the spring of 1999. This site was initially intended for use as mitigation for
Sections A and B of the Smith Creek Parkway, with the Smith Creek Site used for Section C.
However, circumstances arising during the planning of the Smith Creek Site resulted in that
site not being available as soon as originally planned (see discussion above). The Bridge
Maintenance Site will therefore be used for Section C, as it will be accessible sooner.
This site is located adjacent to Smith Creek at the NCDOT Bridge Maintenance Unit
property, and consists of 4.0 acres of Cypress-Gum Swamp restoration and 2.4 acres of
Cypress-Gum Swamp creation. This site was one of the nine identified in the initial Phase 1
Environmental Site Assessment for potential mitigation sites (2 December 1996), but was
7
initially discarded due to potential contamination problems. A Phase II Environmental Site
Assessment (13 April 1998) concluded that the site is suitable.
Construction of the site will take place in two phases, beginning as soon as the
NCDOT Bridge Maintenance Unit has moved to its new location, no later than 1 October
1999. Phase One of the construction will involve the area south of the fence that roughly
bisects the property (approximately 3 acres), and is the part that will be implemented as soon
as the site is available. Phase Two will involve the remainder of the site (approximately 3
acres), and will take place concurrently with construction of Section A of the Smith Creek
Parkway. The material that is removed from this site will be used as fill in the construction of
Sections A and B of the Smith Creek Parkway, except for material that does not meet the
guidelines for material suitable for use in roadway fill. After acquisition of right-of-way
behind the Corbett Package Company (fall 1999), material removed from the Bridge
Maintenance Site will be stockpiled there until construction of the Parkway begins.
SUMMARY OF COMPENSATORY MITIGATION ACTIVITIES
NCDOT proposes to provide compensatory mitigation for unavoidable impacts t":
wetlands resulting from the construction of TIP Project Number U-92A, B. and C throug".
restoration and preservation of Tidal Cypress-Gum Swamp Forest at the Smith Creek Site,
restoration and enhancement of Tidal Freshwater Marsh at the McRae Site, creation of Tidz'
Marsh/Bottomland Hardwood Forest at the Third Street Site, and preservation of existm,
Tidal Cypress-Gum Swamp on the Kerr Avenue Site. In addition, restoration and creation of
Tidal Cypress-Gum Swamp Forest at the Bridge Maintenance site will be implemented.
Acreages for each type of mitigation at each site are given in Table 2. If feasible, impacts to
streams in Section A of the project will be offset by incorporating stream mitigation into the
Smith Creek and/or Bridge Maintenance Mitigation Sites.
Table 2. Wetland Mitigation (in acres) for Sections A, B, and C of the Smith Creek Parkway.
Mitigation Site Restoration Enhancement Creation Preservation TOTAL
Smith Creek 8.9 16.0 24.9
McRae Street 0.9 12.7 13.6
Third Street 1.6 1.6
Kerr Avenue 47.0 47.0
Bridge Maintenance 4.0 2.4 6.4
TOTAL 13.8 12.7 4.0 63.0 93.5
REGULATORY APPROVALS
Application is hereby made for a Department of Army Individual 404 Permit as
required for the above described activities. NCDOT also requests a 401 Water Quality
Certification from the North Carolina Department of Environment and Natural Resources
(DENR). We will formally activate the request for a 401 Certification and will submit a
check for $475 as required by the NCAC when the final plans are available. We are
providing copies of this application to DENR for informational review.
If you have any questions or need additional information please call Ms. Susan Brady
at [phone].
Sincerely,
c-, L04 William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
WDG/sgb
Attachments
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, Division of Water Quality
Mr. David Cox, NCWRC
Ms. Kathy Matthews, EPA
Mr. John Hefner, USFWS
Mr. Ron Sechler, NMFS
Mr. P. A. Wojciechowski, DMF
Mr. N. L. Graf, P.E., FHWA
Mr. Tom Shearin, P.E., Roadway Design
Mr. Whit Webb, P.E., Program Development
Mr. Len Hill, P.E., Highway Design
Mr. A. L. Hankins, P.E., Hydraulics
Mr. William Rogers, P.E., Structure Design
Mr. D. J. Bowers, P.E., Division 3 Engineer
9
1 0 1 2 Mies
w
N
S
Fig. 1 Location Map
Smith Creek, McRae Street,
E Third Street, Bridge Maintenance,
and Kerr Avenue Mitigation Sites
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing
this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis
Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington,
DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer
having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable
waters of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose
of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit Disclosure:
Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to
this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the
proposed activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED 14. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required`
North Carolina Department of Transportation
Project Development & Environmental Analysis
6. APPLICANTS ADDRESS
P.O. Box 25201
Raleigh, NC 27611
9. AGENTS ADDRESS
7. APPLICANTS PHONE NOS. W/AREA CODE I 10. AGENTS PHONE NOS. W/AREA CODE
a. Residence a. Residence
b. Business 919-733-3141 b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon
request, supplemental information in support of this permit application.
c LL 4) -z - ? ?d2S l , 113
APP CAN S SIGNATURE J f DATE
NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions) U-92AB; Sections A and B of the Smith Creek Parkway
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Smith Creek
15. LOCATION OF PROJECT
New Hanover NC
COUNTY STATE
14. PROJECT STREET ADDRESS (if applicable)
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/orAccessors's Parcel Number, for example.
See Attached Vicinity Map
17. DIRECTIONS TO THE SITE
:NG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
18. Nature of Activity (Description of project, include all features)
Construction of controlled access, multi-lane, divided highway on a new location
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
Public transportation
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Construction of Highway
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yams
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instruction,
See cover lette
23. Is Any Portion of the Work Already Complete? Yes _ No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list).
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
Would include but is not restricted to zoning, building, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent
of the applicant.
V c- k-L k 1). 9 - 4?!?*?• 2$JtIf
SIGNATURE OF APPLICANT DA E SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
=NG FORM 4345 EDITION OF SEP 91 IS OBSOLETE
(Proponent: CECW-OR)
U-92 A and B Vicinity Map
f
Bridge Maintenance Site
Compensatory Mitigation Plan
Smith Creek Parkway
New Hanover County
TIP Project Number U-92C
State Project Number 8.225010
COE Action ID Number 19930059 `
Prepared By:
Natural Systems Unit
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
Raleigh, North Carolina
28 May 1999
1.1 DESCRIPTION OF PROPOSED PROJECT
The North Carolina Department of Transportation (NCDOT) proposes to
construct the Bridge Maintenance Mitigation Site as partial on-site mitigation for
unavoidable wetland impacts resulting from the construction of Section C of the Smith
Creek Parkway (extending from NC 132 to Twenty-third Street) in the City of
Wilmington (TIP No. U-92C). This section of the Parkway, which was completed in
spring of 1999, consists of a 2.9-mile four-lane divided roadway with a 22-foot-wide
median. The environmental impacts of the project have been addressed in several
documents, most recently the Final Supplemental Environmental Impact Statement
(FHWA, 1991).
2.0 IMPACTED WETLAND RESOURCES
2.1 Methodology
Impacted jurisdictional wetlands within the U-92C corridor were delineated using
the parameters provided in the "Corps of Engineers Wetland Delineation Manual (F.7
Manual)" (DOA 1987), and confirmed by the US Army Corps of Engineers in August
1991Z.
2.2 Affected Environment
A total of 20.40 acres of jurisdictional wetlands were impacted by the
construction of Section C of the Smith Creek Parkway. These wetlands consisted of 9.32
acres of Swamp Forest, 7.51 acres of Pocosin, 3.46 acres of Bottomland Wetland, and
0.11 acre of Headwater Forest. These communities have been described in the Wetland
Delineation Report for the project (Resource Southeast, Ltd., 1995).
Some compensatory mitigation has already been provided for this project, in the
Spring Branch and Finley-McMillan Mitigation Sites. The Spring Branch Site consists of
8 acres of bottomland hardwood restoration and 3 acres of wetland preservation, and is
located near College Road in Wilmington, adjacent to Section C of the Smith Creek
Parkway. The Finley-McMillan Site consists of 102 acres of pocosin preservation, and is
located in Pender County. Both of these sites have been acquired, and the restored area
of the Spring Branch Site is in its second year of monitoring.
3.0 BRIDGE MAINTENANCE MITIGATION SITE
3.1 Site Description
This site is approximately 6.4 acres in size and is located between Smith Creek
and Division Drive (Figure 1). Most of this site probably consisted of wetlands in the
past, but has been impacted by filling, use as a storage place for construction and wood
products debris, and as a docking/maintenance area for barges. The precise extent and
yS
T
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Smith Creek ?
1 i I _ Y? 1? ? `I
I
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Bridge Maintenance Site
s

depth of fill is unknown, although surveys and soil tests indicate that there may be as
much as 15 feet of fill material in the southern part of the site, thinning to less than 5 feet
in the northern part. Preliminary tests indicate that the soil may be contaminated with
materials such as oil and lead, and remedial treatment of the groundwater may be
necessary. Soils in this area are mapped as Urban, indicating disturbance from
development so that the soil properties have been altered to the extent that a soil series
cannot be recognized (USDA, 1977).
Vegetation currently on this site includes weedy species such as fescue (Festuca
spp.), henbit (Lamium amplexicaule), narrow-leaved plantain (Plantago lanceolata),
dandelion (Taraxacum ofnale), geranium (Geranium spp.), vetch (Vicia spp.), verbena
(Verbena bonariensis), red clover (Trifolium pratense), blackberry (Rubus spp.), and
silverling (Baccharis halimifolia).
The wetlands in the area immediately adjacent to the Bridge Maintenance
Mitigation Site are classified as Tidal Cypress-Gum Swamp, which is the target
community type for the restoration/creation effort. The vegetation in this community
includes bald cypress (Taxodium distichum), willow oak (Quercus laurifolia), sweetgur-
(Lipuiaambar styraciflua), giant cordgrass (Svarrina cvnosuroides), wild rice (Zizani.
aquatica), cattails (Typha angustifolia), muscadine grapes (Vitis rotundifolia), greenbrie
(Smilax rotundifolia), and Japanese honeysuckle (Lonicera japonica). Soils in this area
are mapped as Dorovan, which is a hydric soil.
4.0 MITIGATION ACTIVITIES
The goal of wetland mitigation at the Bridge Maintenance Site is the restoration
of portions of the historic flood plain associated with Smith Creek. This will be
accomplished by restoring approximately 4.0 acres of Tidal Cypress-Gum Swamp
wetlands that have been destroyed by the placement of various fill materials on the site as
well as creation of 2.4 acres of Cypress-Gum Swamp in areas of the site that were
historically upland areas. Restoration of the historical hydrologic regime in this area and
subsequent improvement and/or maintenance of water quality in the Smith Creek
watershed is expected to partially offset impacts resulting from road construction and
other urban development.
4.1.2 Hydrologic Restoration
Approximately 4.0 acres of Cypress-Gum Swamp will be restored by the removal
of fill material from the site and grading it to an elevation similar to that of the
surrounding areas of unfilled wetlands. In addition, approximately 2.4 acres of Cypress-
Gum Swamp will be created in areas of the site that were historically upland areas. Prior
to grading activities, soil borings will be made to determine the depth and composition of
the fill over the restoration area. Also, possible soil compaction in the original
underlying soil profile will be determined and appropriate measures will be undertaken
during the grading to correct this condition, should it be encountered. If it is determined
that subsidence of the original soil occurred as a result of placement of fill, the area will
be restored to its original elevation with soils capable of supporting tree growth. This
will prevent ponding in the area and result in the restoration of a forested wetland
community, rather than open water or a marsh community.
Data collected from an on-site surface water gauge between October 1996 and
November 1997 indicates that an elevation of 2.5 feet above sea level will result in
surface flooding 37% of the time. As this is the elevation of nearby, unfilled wetlands,
the final elevation of the mitigation site will be 2.5 feet.
These activities will restore approximately 6.4 acres of Tidal Cypress-Gum
Swamp wetlands. A conceptual depiction of these activities is shown in Figure 2.
4.1.3 Plant Community Restoration
After grading is complete, a vegetative community will be established in the
restored area that matches, as closely as possible, adjacent undisturbed areas. Vegetation
reference plots will be established in the adjacent undisturbed portion of the site to serve
as a reference for planting density and success determination.
Although bald cypress and water tupelo were originally co-dominant on the site, ii
is proposed that bald cypress will be the only tree species planted in the restoration area.
Changes in the hydrologic regime of Smith Creek (increased tidal amplitude and natural
sea level rise), as well as increased salinity in the area, have resulted in the loss of water
tupelo and a significant reduction in the density of bald cypress from much of the Tidal
Cypress-Gum Swamp community around Smith Creek (Hackney and Yelverton, 1990.
Trees approximately three feet tall will be utilized for planting in the restoration area.
This will allow the crowns to remain above the elevation of the highest tides and help to
increase their chance of survival.
Emergent, herbaceous marsh vegetation such as big cordgrass and wild rice will
be planted between the trees over the whole site. Invasion by other native species is
expected to result in the development of species composition in the restoration area
similar to that of the relatively undisturbed flood plain of Smith Creek.
5.0 MONITORING PLAN
5.1 Hydrology
Data already collected from this site indicates that an elevation of 2.5 feet above
sea level will result in flooding 37% of the time. In order to ensure that the site
accomplishes this, the elevations of a series of points located throughout the site will be
measured after grading is complete. Hydrological success of the site will be
demonstrated by way of correct elevation.
5.2 Vegetation
Emergent herbaceous vegetation monitoring of the site will utilize a system of
sample plots randomly located within the previously delineated restoration area, using
GPS software. The location of the sample plots in the field will be determined using real-
time GPS. A total of 30 1.0 m2 sample plots will be located in the planted area.
Bald cypress monitoring will utilize the use of two 30.5 x 30.5 in (100.0 x 100.0
ft) sampling plots. These plots will be placed within the restoration areas, and the total
number of live trees within the plot counted during each monitoring period.
In order to assess the success of the site, sample plots will be taken in the restored
marsh areas. Specific success criteria for the marsh restoration will be frequency and
average percent cover of emergent herbaceous vegetation. Frequency will be
determined by f-- nX/ny, where f-- frequency, nX number of plots where emergent
herbaceous vegetation occurs, and n,= total number of plots. Average percent cover
will be determined by c= Yc/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 australis appear:.
in any monitoring period, in more than five sampling plots, then the Department of
Transportation will consult with the Corps of Engineers to develop potential control
measures. 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 50% by the end
of the fifth growing season.
The site will be considered a success for the bald cypress if there are 50 five-year-
old trees per acre after the end of the fifth growing season. As mentioned above, changes
in the hydrology of Smith Creek have caused the decline in natural bald cypress
populations, and it is uncertain if the planted bald cypress trees will survive. If the bald
cypress survivorship declines to below the success criteria, then the Department of
Transportation will consult with the Corps of Engineers to determine appropriate action,
if any.
6.0 MITIGATION CREDIT RATIOS
NCDOT proposes to provide partial compensatory mitigation for unavoidable
impacts to wetlands resulting from the construction of TIP Project Number U-92C
through restoration of 4.0 acres (at 1:1) and creation of 2.4 acres (at XX:1) of Tidal
Cypress-Gum Swamp and Tidal Freshwater Marsh on the Bridge Maintenance Site
adjacent to the Smith Creek Parkway.
7.0 IMPLEMENTATION SCHEDULE
Construction of the Bridge Maintenance Site will be begun as soon as the
NCDOT Bridge Maintenance Unit has moved to a new location and the site is available.
This is anticipated to occur by October 1, 1999.
8.0 AS-BUILT REPORT AND DRAWINGS
As-built descriptions, photographs, and plans describing the Bridge Maintenance
Mitigation Site will be provided to the appropriate regulatory agencies within 90 days
after the mitigation project is completed. This information will include, but not be
limited to, descriptions of vegetation establishment, vegetation monitoring plot locations,
and final ground elevations.
9.0 ANNUAL REPORT PREPARATION AND SUBMITTAL
An annual report for the Bridge Maintenance Mitigation Site, including
photographs (or copies thereof), will be prepared annually after field monitoring activities
are completed. Vegetation and hydrologic data will be included in this report, as well as
information on any significant developments on the site. Copies of this report will be
submitted to the appropriate regulatory agencies by January 31 of each year following
monitoring for at least three years (or until success criteria are demonstrated) after
planting the mitigation site.
10.0 CONTINGENCY PLANS
Establishment of cypress trees over the restoration area of the Bri.dg-.
Maintenance Mitigation Site is proposed, although there is evidence that they may not
survive because of increases in salinity, tidal amplitude, and sea level (Hackney and
Yelverton, 1990). Consequently, if cypress mortality occurs and the area develops into
an emergent marsh community, the vegetational success criteria will be based on
emergent marsh vegetation.
Should noxious plant species become established on the Bridge Maintenance site,
NCDOT will undertake appropriate control measures using accepted chemical,
biological, and/or cultural methods.
11.0 DISPENSATION OF PROPERTY
NCDOT will maintain ownership of the mitigation properties until all mitigation
activities are completed. Although no final plan for dispensation of the properties has
been developed, NCDOT may deed the properties to a resource agency (public or private)
acceptable to the appropriate regulatory agencies. Covenants and/or restrictions on the
deeds will be included that will ensure adequate management and/or protection of the
sites in perpetuity.
12.0 REFERENCES CITED
Department of the Army (DOA). 1987. Corps of Engineers Wetland Delineation
Manual. Tech. Rpt. 87-1, Waterways Experiment Station, COE, Vicksburg,
Mississippi.
FHWA, 1991. Final Supplemental Environmental Impact, Smith Creek Parkway and
Downtown Spur, Wilmington, New Hanover County, North Carolina. TIP Project
No. U-92C, State Project Number 8.2250102, Federal Project No. M-5851(2).
Hackney, C. T., and G. F. Yelverton. 1990. Effects of Human Activities and Sea Level
Rise on Wetland Ecosystems in the Cape Fear River Estuary, North Carolina,
USA. pp. 55-61. In: Whigman, D. F., ed. Wetland Ecology and Management:
Case Studies. Kluwer Academic Publishers, The Netherlands.
Resource Southeast, Ltd. 1995. Wetland Delineation Report, Proposed Section C and the
23`d Street Connecter, Smith Creek Parkway.
Schafale, Michael P., and Alan S. Weakley. 1990. Classification of the Natural
Communities of North Carolina, Third Approximation. North Carolina Natur:
Heritage Program, Division of Parks and Recreation. NC Department o
Environment, Health, and Natural Resources.
U. S. Department of Agriculture (USDA). 1977. Soil Survey of New Hanover Coum--
North Carolina. USDA Soil Conservation Service.
Smith Creek Parkway (Sections A and B)
Compensatory Mitigation Plan
Smith Creek Parkway
New Hanover County
TIP Project Number U-92AB
State Project Number 8.2250102
COE Action ID Number 199603836
Prepared By:
Natural Systems Unit
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
Raleigh, North Carolina
28 May 1999
1.1 DESCRIPTION OF PROPOSED PROJECT
The North Carolina Department of Transportation (NCDOT) proposes to construct
Sections A and B of the Smith Creek Parkway from Third Street to Twenty-third Street in the
City of Wilmington (TIP No. U-92AB). The proposed project is a 5.8 km (3.6 mi) divided four-
lane limited-access roadway. This facility will connect with the previously constructed Section C
of the Smith Creek Parkway on the eastern end, and the Third Street Northeast Cape Fear River
Bridge on the western end. When completed, the Smith Creek Parkway will serve as a bypass
around downtown Wilmington, allowing traffic to move more easily from east to west and
reducing congestion on Market Street. The alignment of the project is generally north of Smith
Creek, and crosses the creek twice. The environmental impacts of the project have been
addressed in several documents, most recently the Final Supplemental Environmental Impact
Statement (FHWA, 1998). Efforts have been made to reduce the acreage of wetlands impacted
by this project. By analyzing several alternatives for potential impacts and extending bridges to
avoid wetlands, the total area of impacted wetlands was reduced to 6.5 acres. The total amount
of streams impacted by the proposed project is 360 linear feet.
2.0 IMPACTED WETLAND RESOURCES
2.1 Methodology
Impacted jurisdictional wetlands and streams were delineated using the parameters
provided in the "Corps of Engineers Wetland Delineation Manual (87 Manual)" (DOA 1987).
The delineations were done in May 1995 and January 1999, and confirmed by the US Army
Corps of Engineers.
2.2 Affected Environment
A total of 6.5 acres of jurisdictional wetlands will be impacted by the construction of the
project. These wetlands are described as Coastal Plain Bottomland Hardwood Forest (5.5 acres)
and Tidal Cypress-Gum Swamp Forest (1.0 acre). These communities have been described in
the Natural Resources Technical Memorandum for Jurisdictional Wetlands. Biotic Communities
and Protected Species (HNTB 1994).
3.0 MITIGATION SITES
Several sites will provide compensatory mitigation to offset unavoidable impacts to
wetlands as a result of construction of TIP No. U-92AB. One site is located adjacent to the
Smith Creek Parkway behind the Corbett Lumber Company (Smith Creek Site), one is located at
the present location of McRae Street (McRae Street Site), one is located at the Third Street
Bridge (Third Street Site), and one is located near North Kerr Avenue (Kerr Avenue Site). These
sites are all within the City of Wilmington, and are adjacent to Smith Creek, except the Third
Street Site which is adjacent to the Northeast Cape Fear River. The locations of these sites are
shown in Figure 1.
/ SSi ?/ ? ???/ ? 111 % ?? / ??I V
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X11% Kerr Avenue Site
/ Smith Creek at
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McRae Street Sit `? ~ i ec sti
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Third Street, and Kerr Avenue Sites
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3.1 Site Descriptions
3.1.1 Smith Creek Site
This site is approximately 24.9 acres in size and is located south of Castle Hayne Road
behind the Corbett Lumber Company, adjacent to Smith Creek. The mitigation plan for the
Smith Creek Site had already been written, as it was originally planned to offset wetland impacts
associated with construction of Section C of the Smith Creek Parkway. For a description of this
site, see the Compensatory Mitigation Plan for Smith Creek, Spring Branch, and Dreyfours
South Mitigation Sites (NCDOT 1996). Mitigation activities on this site will result in the
restoration of 8.9 acres and preservation of 16.0 acres of Tidal Cypress-Gum Swamp Forest.
3.1.2 McRae Street Site
This site is approximately 13.6 acres in size, and consists of tidal marsh south of Castie
Hayne Road, adjacent to Smith Creek (Fig. 3). Currently, McRae Street acts as a dike, with the
only hydrological exchange between the east and west sides of the road occurring through two
18-inch diameter culverts. The proposed project design calls for removing of the portion c
McRae Street that passes through the marsh and replacing it with a low bridge, approximately
6.0 feet above the surface of the marsh. This will result in the restoration of 0.9 acre of wetland
within the present footprint of McRae Street and enhancement of 12.7 acres of wetland to the
west of the road, through restored hydrological connection. Soils in this area are mapped as
Dorovan, which is listed as hydric.
Vegetation on this site consists mainly of black needlerush (Juncus roemarianus),
arrowhead (Sagittaria falcata), and narrow-leaved cattail (Typha angustifolia). Shrubs such as
black willow (Salix nigra), wax myrtle (Myrica cerifera), and silverling (Baccharis halimifolia)
are present along the edges of the marsh, and there are numerous dead bald cypress (Taxodium
distichum) standing in the center.
3.1.3 Third Street Site
This site is approximately 1.6 acres in size and is located where the Smith Creek Parkway
will join the Third Street Bridge at the Northeast Cape Fear River. Vegetation on this site
consists mainly of weedy species such as Chinese privet (Ligustrum sinense), kudzu (Pueria
lobata), multiflora rose (Rosa multiora), poison ivy (Toxicodendron radicans), and Japanese
honeysuckle (Lonicera japonica), as well as upland vegetation such as loblolly pine (Pinus
taeda), tulip tree (Liriodendron tulipifera), grapes (Vitis rotundifolia), and greenbrier (Smilax
spp.). Soils in this area are mapped as Urban, indicating disturbance from development so that
the soil properties have been altered to the extent that a soil series cannot be recognized (USDA,
1977).
3.1.4 Kerr Avenue Site
This site is approximately 47 acres in size and is located east of North Kerr Avenue and
north of Smith Creek (Figure 4). Soils at this site are classified as Dorovan in the southern
portion and Johnston in the northern portion. These soils are both listed as hydric. There are
small areas of Murville fine sand and Baymeade fine sand in the extreme northwestern side, both
of which are listed as non-hydric.
This area is dominated by bald cypress (Taxodium distichum), with loblolly pine (Pinus
taeda) in the higher elevation areas. Other species in the canopy include red maple (Ater
rubrum), sweetgum (Liquidambar styracijlua), water oak (Quercus nigra), and sweetbay
(Magnolia virginiana). The understory is composed of sweet pepperbush (Clethra alnifolia),
fetterbush (Lyonia lucida), American holly (Ilex opaca), and sweetbay. Vines present in this
community include greenbrier (Smilax rotundifolia), poison ivy (Toxicodendron radicans),
grapes (Vitis rotundifolia), and Japanese honeysuckle (Lonicera japonica).
4.0 MITIGATION ACTIVITIE
4.1 Smith Creek Site
The mitigation plan for the Smith Creek Site had already been written, as it wa:.
originally planned to offset wetland impacts associated with construction of Section C of the
Smith Creek Parkway. For a description of the proposed mitigation activities, see the
Compensatory Mitigation Plan for Smith Creek, Spring Branch, and Dreyfours South Mitigation.
Sites (NCDOT 1996). This plan will be implemented as written, except for two additions.
First, approximately 720 linear feet of stream channel (connecting to Smith Creek) will
be constructed in the site to mitigate for unavoidable impacts to a stream in Section A of the
Smith Creek Parkway. Second, the area of wetland restoration may be expanded to include the
area under the proposed bridge over Smith Creek. Soil tests are currently underway to determine
if this area is suitable for mitigation activities. If this is feasible, approximately 2.0 acres of
additional wetland restoration will be constructed. No trees will be planted on this site, as it will
be under a bridge, but herbaceous vegetation may be planted.
4.2 McRae Street Site
Wetlands will be restored by first removing the section of McRae Street that passes
through the marsh. Then the fill material associated with the road will be removed and the site
graded down to an elevation similar to that of the surrounding areas of unfilled wetlands. If
necessary, the soil will be rehabilitated so that it is suitable for supporting vegetation. The road
will be replaced on a low bridge, approximately 2.0 meters (6.5 feet) above the marsh.
The removal of the fill material and subsequent re-establishment of the hydrologic
connection under the road will result in the restoration of approximately 0.9 acres of Tidal
Freshwater Marsh in the footprint of the road, and the enhancement of approximately 7 acres of
Tidal Freshwater Marsh in the area around the road. No planting activities are planned for this
site, as it already supports marsh vegetation.
4.3 Third Street Site
Mitigation activities on this site will involve grading down the area under the Third Street
Bridge, where the Smith Creek Parkway joins the bridge. This area is historically upland; it will
be graded to en elevation similar to that of surrounding wetland areas and planted with an
appropriate selection of plant species. Herbaceous species will be planted near and under the
bridges, and bottomland hardwood tree species will be planted in areas farther from the bridges,
as available. This will result in the creation of approximately 1.6 acres of Tidal
Marsh/Bottomland Hardwood wetland. Construction of this site will take place after all road and
bridge construction activities in the area are completed.
4.4 Kerr Avenue Site
Forty-seven acres of existing Cypress-Gum Swamp (Blackwater Subtype) at the Ke-,
Avenue Site will be preserved. Thus. there will be no grading or vegetation planting at that site
The property will be preserved in perpetuity through the transfer of the deed to a resource agent
(public or private) acceptable to the appropriate regulatory agencies. Covenants ana/or
restrictions on the deed will be included that will ensure protection of the site in perpetuity.
5.0 MONITORING PLAN
5.1 Smith Creek Site
Monitoring activities on this site have been addressed in the Compensatory Mitigation
Plan for Smith Creek, Spring Branch, and Dreyfours South Mitigation Sites (dated 23 September
1996) and in a memorandum from Mr. William Gilmore of NCDOT to Mr. Scott McLendon of
the U.S. Army Corps of Engineers (dated 16 December 1998).
5.2 McRae Street Site
No monitoring activities are planned for this property; the site will be graded down to
restore the hydrology of the area, and no planting is planned.
5.3 Third Street Site
Monitoring of the vegetational success of this site will commence after planting is
finished, and will utilize methods suitable for the planted species.
5.4 Kerr Avenue Site
No monitoring activities are proposed for this property, as the site will be preserved; no
grading or planting is planned.
6.0 MITIGATION SUMMARY
NCDOT proposes to provide compensatory mitigation for unavoidable impacts to
wetlands resulting from the construction of TIP Project Number U-92AB through restoration and
preservation of Tidal Cypress-Gum Swamp Forest at the Smith Creek Site, restoration and
enhancement of Tidal Freshwater Marsh at the McRae Site, creation of Tidal Marsh/Bottomland
Hardwood Forest at the Third Street Site, and preservation of existing Tidal Cypress-Gum
Swamp on the Kerr Avenue Site. Acreages for each type of mitigation at each site are given in
Table 1.
Table 1. Wetland Mitigation for Sections A and B of the Smith Creek Parkway.
Mitigation Site Restoration Enhancement Creation Preservation TOTAL:
Smith Creek 8.9 16.0 24.5°
McRae Street 0.9 12.7 13.6
Third Street 1.6 1.6
Kerr Avenue 47.0 47.0
TOTAL 9.8 12.7 1.6 63.0 87.1
NCDOT proposes to provide compensatory mitigation for unavoidable impacts t
streams by constructing approximately 720 linear feet of stream channel in the Smith Creek
Mitigation Site.
7.0 IMPLEMENTATION SCHEDULE
Restoration of the McRae Street and Smith Creek Sites will be implemented during 2001-
2004, concurrent with the construction of TIP Project Number U-92AB. A more detailed
schedule for each site is shown in Figures 7 and 8.
8.0 AS-BUILT REPORT AND DRAWINGS
As-built descriptions, photographs, and plans describing the Smith Creek and Third Street
Sites will be provided to the appropriate regulatory agencies within 90 days after the mitigation
project is completed. This information will include, but not be limited to, descriptions of
vegetation establishment, vegetation monitoring plot locations, ground and surface water gauges
(if any), and final ground elevations.
9.0 ANNUAL REPORT PREPARATION AND SUBMITTAL
An annual report for the Smith Creek and Third Street Mitigation Sites, including .
photographs (or copies thereof), will be prepared annually after field monitoring activities are
completed. Vegetation and hydrologic data will be included in this report, as well as information
on any significant developments on the site. Copies of this report will be submitted to the
appropriate regulatory agencies by January 31 of each year following monitoring for at least
three years (or until success criteria are demonstrated) after planting the mitigation site.
10.0 CONTINGENCY PLANS
Establishment of cypress trees over the restoration area of the Smith Creek Mitigation
Site is proposed, although there is evidence that they may not survive because of increases in
salinity, tidal amplitude, and sea level (Hackney and Yelverton, 1990). Consequently, if cypress
mortality occurs and the area develops into an emergent marsh community, the vegetational
success criteria will be based on emergent marsh vegetation.
If the Kerr Avenue property is not acquired for preservation mitigation, then NCDOT will
locate and acquire at least the same amount of suitable preservation lands within the lower Cape
Fear River watershed.
Should noxious plant species become established on the Smith Creek or Third Street
Sites, NCDOT will undertake appropriate control measures using accepted chemical, biological.
and/or cultural methods.
11.0 DISPENSATION OF PROPERTY
NCDOT will maintain ownership of the mitigation properties until all mitigation
activities are completed. Although no final plan for dispensation of the properties has been
developed, NCDOT may deed the properties to a resource agency (public or private) acceptable
to the appropriate regulatory agencies. Covenants and/or restrictions on the deeds will be
included that will ensure adequate management and/or protection of the sites in perpetuity.
12.0 REFERENCES CITED
Department of the Army (DOA). 1987. Corps of Engineers Wetland Delineation Manual. Tech.
Rpt. 87-1, Waterways Experiment Station, COE, Vicksburg, Mississippi.
FHWA, 1998. Final Supplemental Environmental Impact Statement and Final Section 4(f)
Statement: Smith Creek Parkway from Third Street to Kornegay Avenue, Wilmington,
New Hanover County, North Carolina. State Project Number 8.2250101, U-92AB,
Federal Project No. MAM-M-5851(2).
Hackney, C. T., and G. F. Yelverton. 1990. Effects of Human Activities and Sea Level Rise on
Wetland Ecosystems in the Cape Fear River Estuary, North Carolina, USA. pp. 55-61.
In: Whigman, D. F., ed. Wetland Ecology and Management: Case Studies. Kluwer
Academic Publishers, The Netherlands.
HNTB (Howard, Needles, Tammen, and Bergendoff). 1994. Natural Resources Technical
Memorandum for Jurisdictional Wetlands, Biotic Communities and Protected Species:
Smith Creek Parkway and Downtown Spur, Wilmington, New Hanover County, North
Carolina. State Project Number 8.2250102, U-92, Federal Project Number M-5851(2).
NCDOT. 1996. Compensatory Mitigation Plan for Smith Creek, Spring Branch, and Dreyfours
South Mitigation Sites. Smith Creek Parkway, New Hanover County. TIP Project No.
U-92C, State Project No. 8.2250101, Federal Project No. MAM-M-5851(2).
Schafale, Michael P., and Alan S. Weakley. 1990. Classification of the Natural Communities of
North Carolina, Third Approximation. North Carolina Natural Heritage Program,
Division of Parks and Recreation. NC Department of Environment, Health, and Natural
Resources.
U. S. Department of Agriculture (USDA). 1977. Soil Survey of New Hanover County, Nort:,
Carolina. USDA Soil Conservation Service.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary Kerr T. Stevens, Director NCDENR
December 8, 1999
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, North Carolina; 27611
Dear Mr. Gilmore:
Re: Permit Application for the construction of Smith Creek Parkway (Sections A&B) In New Hanover
County
DWQ No. 990611; T.I.P. No. U-2102,
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for
making an informed permit decision. The permit application was deficient in the following areas:
There were no final permit drawings that showed the areas of proposed wetland or stream impacts,
There were no finalized wetland or stream mitigation plans.
Therefore, pursuant to 15A NCAC 2h.0507(a)(4), we will have to place the permit application on hold until
we are supplied the necessary information. Furthermore, until the information is received by the NC
Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact John Hennessy at 919-733-5694.
Joh R. Dorney
W er Quality Certi (ica)on Program
cc: Joanne Steenhuis, DWQ Regional Office
Dave Timpy, USACE
Central Files
C:\ncdot\U-92\correspondence\U-92ABhld.doc
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 09-c recycled/ 1 0`io post consumer paper
State of North Carolina
Department of Environment
aria Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Now
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 9, 1999
Bill Gilmore
NC DOT
PO Box 25201
Raleigh, NC 27611-5201
Dear Mr. Gilmore:
Subject: Smith Creek Parkway
DWQ # 990611
New Hanover County
On June 7, 1999, your application for a 401 Water Quality Certification in New
Hanover County was received by the N.C. Division of Water Quality. The Division will
begin to review the project for eventual decision. However, please be aware that
beginning January 1, 1999 that the N.C. General Assembly passed legislation requiring
payment of a fee of $200.00 for this project. The 401 Certification cannot be issued until
this fee is paid. Presently the Department of Transportation and Environment and Natural
Resources are developing a process so these fees will not have to be paid separately for
each project. We anticipate that this agreement will be finalized early in 1999. However
until this agreement is completed we will not be able to complete our action on your
request. Until that time, your application will remain on hold as incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
e
in F
Do
cc: Central Files
Wilmington DWQ Regional Office
Wilmington Field Office US Army Corps of Engineers
Cyndi Bell
John Dorney
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199603836
7, 1999
PUBLIC NOTICE
The NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT),
DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina, 27611-5201 has
applied for a Department of the Army (DA) permit TO PLACE DREDGED OR FILL
MATERIAL INTO WATERS OF THE UNITED STATES TO CONSTRUCT A PORTION OF
THE SMITH CREEK PARKWAY FROM 23RD STREET TO THIRD STREET,
WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA, TIP NO U-92AB,
STATE PROJECT NO. 8.2250101.
This project, which will eventually connect Eastwood Road (US 74) with NC 133 at the
Northeast Cape Fear River, was originally described in a Final Supplemental Environmental
Impact Statement signed by the Federal Highway Administration in 1991. The section of the
Smith Creek Parkway (TIP U-92AB) that is described in this public notice will connect with the
recently completed section that extends from NC 132 to 23rd street (TIP U-92C) and will
terminate at the NC 117 Northeast Cape Fear River Bridge.
The following description of work is taken from data provided by the applicant. NCDOT
proposes to construct a 4-lane divided highway on new location that will extend from 23rd Street
to Third Street in Wilmington, New Hanover County, North Carolina. The proposed access-
controlled facility will be constructed in two sections U-92A and U-92B. Section U-92A will
connect with the recently completed Section U-92C that extends from NC 132 to 23rd Street and
will terminate at McRae. Street. Section U-92B will connect with the Section U-92A at McRae
Street and will terminate at Third Street in downtown Wilmington, NC. NCDOT has completed
a mitigation proposal for the proposed project but has not completed the final design plans at this
time.
The proposed project will impact 11 individual wetland sites that are located primarily on
small stream or channelized creek crossings. These areas are dominated by both hardwood and
softwood species including red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), black
gum (Nyssa sylvatica), tulip popular (Liriodendron tulipifera), and loblolly pine inus Leda).
The total project wetland impacts are 6.4 acres and 360 feet of perennial stream. Section U-92A
will impact 1.6 acres of jurisdictional wetlands and 360 feet of perennial stream.

2
Section U-92B will impact 4.9 acres of wetlands and will not impact any streams.
A map showing the location of all the wetland sites that will impacted by the proposed project
are included with this public notice.
In order to compensate for the unavoidable 6.4 acres of wetland impacts associated with
this project, NCDOT submitted a mitigation proposal that consists of four mitigation sites.
These include the Smith Creek, McRae Street, Third Street, and North Kerr Avenue mitigation
sites. A map showing the location of the four proposed mitigation sites are included with this
public notice. Brief descriptions of these mitigation sites are as follows:
Smith Creek Site. This mitigation site is located south of the main building of the Corbett
Lumber Company, north of and adjacent to Smith Creek. It consists of approximately 8.9 acres of
cypress-gum swamp restoration and approximately 16.0 acres of cypress-gum swamp
preservation. The mitigation plan for this site was submitted to the review agencies on
September 23, 1996. The NCDOT was initially required to complete this mitigation site no later
than the completion of roadway construction on TIP U-92C to compensate for the wetland
impacts associated with TIP U-92C. The NCDOT purchased the site on December 11, 1996.
However, access to the site became a problem as the proprietors of the Corbett Lumber Company
refused to grant permission for a reasonable access route across their property. An access
arrangement was ultimately reached with the Corbett Lumber Company on November 19, 1998.
A contract to construct Smith Creek Mitigation Site was awarded on December 15, 1998.
However, due to concerns by the contractor regarding contamination of the site by hazardous
materials, the contractor requested and was released from this contract. Due to these delays
related to access and the construction contract, NCDOT requested an extension of time to
complete the mitigation site. A permit modification was issued on October 5, 1998 that extended
the completion of construction and planting of the Smith Creek Site to June 1, 1999. A study
was conducted by NCDOT on the presence of hazardous materials on the. Smith Creek
Mitigation Site. This study was completed on January 25, 1999 and did not find any hazardous
materials on the site. Completion of the Smith Creek Mitigation Site has been delayed due to the
problems described above and timing conflicts between construction of this site and the Smith
Creek Parkway. Construction of Section U-92C is now complete. In an effort to complete the
mitigation requirements, as quickly as possible, for Section U-92C, NCDOT requested and was
granted a permit modification to construct the Bridge Maintenance Mitigation Site in lieu of the
Smith Creek Mitigation Site. Construction of the Smith Creek Mitigation Site is now proposed
to take place concurrent with construction of and to compensate for wetland impacts associated
with Sections U-92A and U-92B in accordance with the mitigation plan dated September 23,
1996, except for two additions. First, approximately 720 feet of stream channel (connecting to
Smith Creek) is proposed to compensate for unavoidable stream impacts associated with TIP U-
92A. Secondly, the wetland restoration area of Smith Creek Mitigation Site may be expanded
(NCDOT anticipates approximately 2.0 acres) to include the area under the proposed bridge over
Smith Creek. Details on the stream channel and the wetland restoration expansion area were not
available at the time of this public notice.
3
McRae Street Site. This mitigation site consists of 0.9 acres of tidal marsh restoration and
12.7 acres of tidal marsh enhancement. Mitigation work on this site will include replacing a
portion of McRae Street that crosses a tidal wetland west of Smith Creek with a new low bridge.
This work will restore the tidal connection between the eastern and western portions of the tidal
marsh, which currently are only connected by two 18-inch culverts. Construction of the McRae
Street Mitigation Site will take place concurrent with construction of Sections U-92A and U-
92B.
Third Avenue Site. This mitigation site is located near the Third Street Bridge over the
North East Cape Fear River and consists of 1.6 acres of tidal marsh creation. Mitigation work
will include grading down an upland area to an elevation similar to the adjacent wetlands and
planted with native species. Construction of this site will take place after completion of all road
and bridge construction at this site, under Section U-92A.
Kerr Avenue Site. This mitigation site is located adjacent to Smith Creek and east of North
Kerr Avenue and consists of 47 acres of tidal cypress-gum swamp (Blackwater subtype)
preservation. The property is located between Smith Creek and an existing residential
development and is privately owned at this time.
The purpose of the proposed project is to provide a controlled access facility that will
eventually extend from US Highway 17 (Market Street) and Eastwood Road to downtown
Wilmington. Final roadway designs for Section U-92A and Section U-92B are not complete at
this time. The mitigation proposals for this project may be examined in the Wilmington
Regulatory Field Office of the Wilmington District Corps of Engineers at 69 Darlington Avenue,
Wilmington, North Carolina, 28402.
The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for its review and concurrence. This proposal shall
be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Environmental Management (NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-
229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
4
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification is denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies directly
to the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become relevant-in each particular
case. The benefits which reasonably may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detriments. The decision whether to authorize a
proposal, and if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision should reflect the
national concern for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative effects thereof.
Among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber production, mineral
needs, considerations of property ownership, and, in general, the needs and welfare of the people.
For activities involving the placement of dredged or fill materials in waters of the United States,
a permit will be denied if the discharge that would be authorized by such permit would not

5
comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless
the District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments on the proposed project from the public;
Federal, State and local agencies and officials; Indian Tribes and other interested parties in order
to consider and evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a
permit for this proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental effects, and the
other public interest factors listed above. Comments are also used to determine the need for a
public hearing and to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Environmental Management (NCDEM) issues,
denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDEM considers whether or not the proposed activity will comply with Sections 301, 302, 306,
and 307 of the Clean Water Act.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Environmental
Management (NCDEM), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies
of such materials will be furnished to any person requesting copies upon payment of reproduction
costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality,
(NCDWQ), Water Quality Division, 1621 Mail Service Center Raleigh, North Carolina
27699-1621, on or before October 29, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. David L. Timpy, until 4:15 p.m., November 5, 1999, or telephone
910-251-4634.

Site -
Smith Creek Site
Maintenance Site `` %c m "Wilmngton
Purport
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Third Street Site
J Y
McRae Street Site - = i lµ ?; ' ?narxe? s`
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Fig. 1 Location Map
Smith Creek, McRae Street,
E Third Street, Bridge Maintenance,
and Kerr Avenue Mitigation Sites
NORTH CAROLINA DEPARTMENT OF
•• ENVIRONMENT AND NATURAL RESOURCES
.?.?
NCDENIR DIVISION OF WATER QUALITY
January 4, 2000 ~ N +
?$ k
JAMES B. HUNT JR. Mr. David Timpy - . I
'GOVERNOR
Wilmington Regulatory Field Office .t
US Army Corps of Engineers
Post Office Box 1890
BILL HOLMAN Wilmington, NC 28402-1890
SECRETARY
Dear Mr. Timpy:
KERR T. STEVENS' Subject: NCDOT Project #U-92 A & B
DIRECTOR }
New Hanover County
The purpose of this letter is to notify you that the North
Carolina Wetlands Restoration Program (NCWRP) is willing to accept
payment from the North Carolina Department of Transportation
(NCDOT) for stream impacts associated with the subject project in
accordance with the Memorandum of Understanding between the
NCWRP and the U.S. Army Corps of Engineers. Based on information
supplied by the NCDOT in a letter dated December 20, 1999, the
impacts associated with the subject project are 360 feet of streams.
The NCWRP will provide the amount and type of required mitigation
(720 feet) in Cataloging Unit 03030007 of the Cape Fear River.
If you need additional information I can be reached at 919-733-
5219.
Sincerely,
Ronald E. Ferrell
Program Manager
Wetlands Restoration Program
cc: 'John Hennessy, Wetlands/401 Unit I
V. C. Bruton, NCDOT
I WETLANDS RESTORATION PROGRAM
1619 MAIL SERVICE CENTER, RALEIGH, NC 27699-1 61 9
website: h2o.enr.state.mus PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
1
© NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
,
WDENR DIVISION OF WATER QUALITY
January 4, 2000
JAMES B. HUNT JR. . Mr. Scott McLendon _
GOVERNOR Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
BILL "°' MA" Wilmington, NC 28402-1890 I
SECRETARY }
z
Dear Mr. McLendon:
KERR T. STEVENS Subject: NCDOT Project #R-2633C
DIRECTOR
New Hanover County
The purpose of this letter is to notify you that the North
Carolina Wetlands Restoration Program (NCWRP) is willing to accept
payment from the North Carolina Department of Transportation
(NCDOT) for stream impacts associated with the subject project in
accordance with the Memorandum of Understanding between the
NCWRP and the U.S. Army Corps of Engineers. Based on information
supplied by the NCDOT in a letter dated December 28, 1999, the
requested stream mitigation would account for the remaining 1,271
linear feet of stream not covered by NCDOT's own mitigation efforts.
The NCWRP will provide the amount and type of required mitigation
(2,542 feet) in Cataloging Unit 03030007 of the Cape Fear River.
If you need additional information I can be reached at 919-733-
5219.
Sincerely,
?n
Ronald E. Ferrell
Program Manager
Wetlands Restoration Program
cc: JTohn Hennessy, Wetlands/401 Unit
David Robinson, NCDOT
?m
WETLANDS RESTORATION PROGRAM
1619 MAIL SERVICE CENTER, RALEIGH, NC 27699-1 619
website: h2o.encstate.nc.us PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSUMER PAPER
7
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR
March 31, 2000
Commander (OAN)
Fifth Coast Guard District
Federal Building
431 Crawford Street
Portsmouth, VA 23704
Attn: Ms. Linda Gilliam, Bridge Permits
Dear Ms. Gilliam:
SECRETARY
r
2000
WETLANDS dR
WATER UAI.IT1° SECTi3?p
SUBJECT: New Hanover County, construction of bridge on Smith Creek
Parkway on new location over Smith Creek, Federal Project No.
MANHS-0332(8), State Project No. 8.2250110, TIP No. U-0092A.
This letter will address two issues that arose during review of the application for
Coast Guard permits for the above-mentioned project. Please reference the February 18,
2000 permit application for the permit drawings of the proposed bridge over Smith Creek
near NC 117 and the 1998 Final Supplemental Environmental Impact Statement (FSEIS)
for a project description.
The first issue that arose during review of the permit application package
concerns placing a fixed bridge just upstream of the existing NC 117 bridge over Smith
Creek. The existing NC 117 bridge, which will be left in place, is located roughly 1.2
miles above the mouth of Smith Creek. We propose to construct the Smith Creek
Parkway bridge approximately 700 feet upstream of the existing U.S. 117 bridge, as part
of Section A of the Smith Creek Parkway. The existing NC 117 bridge is a swing bridge;
however, there is no water traffic through this area anymore and the bridge is only
opened three to four times a year for routine maintenance. NCDOT conducted extensive
discussions with the Coast Guard in reference to this bridge and the proposed Smith
Creek Parkway bridge during the design phase of this project. As a result of these
discussions and a preliminary public notice issued by the Coast Guard, it was determined
that a fixed bridge with a 25-foot minimum clearance upstream of the existing bridge
would not adversely affect navigation (see Page IV-21 of the FSEIS for an expanded
discussion of this process).
The second issue that arose concerns the proposed bridge over Smith Creek at
23rd Street. This crossing is not in an area classified as navigable waters by the Coast
Guard, and the existing 23rd Street bridge (a fixed bridge) has a vertical clearance of 11
feet. This bridge will be replaced during construction of Section B of the Smith Creek
Parkway, and will be on the same alignment with a vertical clearance of 12.8 feet. The
proposed Smith Creek Parkway bridge in this area will span both 23rd Street and Smitri
Creek, as well as the adjacent wetlands, and will have a vertical clearance of
approximately 26 feet over Smith Creek. As this bridge will be upstream of the 23rd
Street bridge, and will have a greater navigational clearance than either the existing or
proposed 23rd Street bridge, it will not have an adverse effect on navigation.
Should you have any questions regarding this information, please contact Ms. Sue
Brady at [phone].
Sincerely,

William T. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
Cc: Mr. David Timpy, COE, Wilmington
Mr. John Dorney, NCDENR, DWQ
Preliminary Permit Drawings
MAY 22000
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WM.._ANCS
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U-0092A and U-0092B
New Hanover County
Smith Creek. Parkway
VICINITY MAP
l END
PROJECT
New Hanover
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
SMITH CREEK PARKWAY FROM
BRUNSWICK STREET TO US 117
CASTLE HAYNE ROAD.
SHEET OF DATE
SITE MAP

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END STATE PROJECT 8.2250110
Y END F. R. PROTECT MAXffS-0332(8)
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
SMITH CREEK. PARKWAY FROM
BRUNSWICK. STREET TO US 117
CASTLE H AYNE ROAD.
SHEET OF DATE
LEGEND
LINE WT LINE WT
-WLB WETLAND BOUNDARY 4-6 PROPOSED BRIDGE 6
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WETLAND
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4-6
PROPOSED BOX CULVERT
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DENOTES FILL IN
2 LL
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SURFACE WATER EXISTNG STRUCTURES) 54' PIPES 6
& ABOVE
® DENOTES FILL IN
SURFACE WATER 2
(POND) SINGLE TREE 2
® DENOTES TEMPORARY 2
FILL IN WETLANO WOODS LINE 2
DENOTES EXCAVATION 2
IN
IN WETLAND
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- -PL - PROPERTY LINE 2
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RANSPORTATION
O BOULDER 6 DIVISION OF HIGHWAYS
- - CORE FIBER ROLLS NEW HANGOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
SMITH CREEK PARKWAY FROM
BRUNSWICK STREET TO US 117
CASTLE HAYNE ROAD.
SHEET OF DATE

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PROPERTY OWNERS
NAMES AND ADDRESSES
OWNER'S NAME
ADDRESSES
CORBETT INDUSTRIES
DEAN HARDWOODS, INC.
ELIZABETH P. ADAMS, HEIRS
C/O REV. H.N. PARSLE
HOWARD L. ARMISTEAD, JR.
CSX TRANSPORTATION
D. B. HARDEE
EMMA M. BELLAMY, HEIRS
CORBETT PACKAGE COMPANY
NCDOT
WILMINGTON ASSOCIATES LTD.
PARTNERSHIP
P O BOX 210
WILMINGTON, NC 28402
1 COWAN ST.
WILMINGTON, NC 28401
177 #918 N HIGHLAND STREET
MEMPHIS, TN 38111
2108 SOUTH 17TH STREET
WILMINGTON, NC 28401
P O BOX 40466
JACKSONVILLE, FL 32203
133 SOUND VIEW DR.
WILMINGTON, NC 28403
P O BOX 3145
WILMINGTON, NC 28406
P O BOX 210
WILMINGTON, NC 28402
124 DIVISION DRIVE
WILMINGTON, NC 28401
1800 OLD MEADOW ROAD
MCLEAN, VA 22102

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VICINITY MAP

BEGIN
PROJECT
421 ? ? ? New Hanover
C
ounty Airport
1 n?
_
Hightsville i t
S.R.
I t
1
t 1 1 I t.
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U 76
N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT. 8.2250102 (U-0092B)
SMITH CREEK PARKWAY FROM
PRIDPOSED US 117 CONNECTOR TO
0.85 KM EAST OF 23RD STREET.
SHEET OF DATE
SITE MAP
N 56820.6270 E 709921.8902
L EGEND

-WLB WETLAND BOUNDARY LINE WT
4-6 LINE WT
? PROPOSED BRIDGE
6
` WETLAND
L 4-6 PROPOSED BOX CULVERT 6
DENOTES FILL IN
2
WETLAND
® PROPOSED PIPE CULVERT
12'-48' 15
DENOTES FILL IN (DASHED LINES DENOTE PIPES
SURFACE WATER
® 2 EXISTNG STRUCTURES) 54' PIPES
6
& ABOVE
® DENOTES FILL IN
SURFACE WATER 2
(POND) SINGLE TREE 2
® DENOTES TEMPORARY 2
FILL IN WETLAND r^, WOODS LINE 2
DENOTES EXCAVATION 2
IN WETLAND
® DRAINAGE INLET
DENOTES TEMPORARY
FILL IN SURFACE
® 2
WATER ROOTWAO 2
• • - DENOTES MECHANIZED
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'
2
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•
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-?- -?- FLOW DIRECTION 2
RIP RAP 2
TB 2-4
TOP OF BANK
WE- - EDGE OF WATER 2 ADJACENT PROPERTY OWNER
5
2
OR PARCEL NUMBER
-C- - PROP. LIMIT OF CUT 2 IF AVAILABLE
F
- - - PROP. LIMIT OF FILL 2
2
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- -NG- - NATURAL GROUND 2
--PL- PROPERTY LINE 2
-TDE- TEMP. DRAINAGE 2
EASEMENT
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EASEMENT 2
- EAB- - EXIST. ENDANGERED 2
ANIMAL BOUNDARY
- EPB- EXIST. ENDANGERED 2
PLANT BOUNDARY
- - ?- - WATER SURFACE 2
XXX LIVE STAKES 2
X X
N. C. DEPT.OF TRANSPORTATION
C2D BOULDER 6 DIVISION OF HIGHWAYS
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PROJECT: 8.2250102 (U-0092B)
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NAMES AND ADDRESSES
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OWNER'S NAME
ADDRESSES
NEW H.AN-OVER COUNTY 3520 CHESTNUT STREE'T'
C/O TAX ADMINISTRATOR' WILMINGTON, NC 28401
AMERICAN SKIN CO. P O BOX 1169
WILMINGTON, NC 28402
CSX RAILROAD P O BOX 40166
JACKSONVILLE, FL 32203 .
CITY OF WILMINGTON
C/O CITY ATTORNEY P 'O BOX 1810
WILMINGTON, NC 28402
APPLIED ANALYTICAL IND., INC.. 1206 NORTH 23RD STREET
WILMINGTON, NC 28405
WILLIAM M. MANGUM, III
P O BOX 895
WRIGHTSVILLE BEACH, ETC
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW H.ANOVER COUNTY
PROJECT: 8.2250102 (U-0092B)
SMITH CREEK PARKWAY FROM
PROPOSED US 11 CONNECTOR TO
10.85 KM E.-SST OF 23RD STREET
SHFET OF

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Smith Creek Parkway - Meeting Scheduled
Marc R, Clifford PE <mclifford @dot. state.nc.us>
Project Design Engineer
Roadway Design Unit,Highway Design Branch,Preconstruction,Division of Highways
2 of 2 03/27/2000 1:26 PM
Smith Creek Parkway - Meeting Scheduled
Subject: Smith Creek Parkway - Meeting Scheduled
Date: Mon, 27 Mar 2000 08:11:05 -0500
From: "Marc R. Clifford PE" <[e-mail]>
Organization: North Carolina Department of Transportation
To: Dave Timpy <[e-mail] y,.mil>,
Tom McCartney <[e-mail]>,
John Hennessy <[e-mail]>,
David Cox <coxdr@ mail. wildlife. state.nc.us> , Ron Sechlet <[e-mail]> ,
Ted Bisterfield <[e-mail]>,
Kathy Matthews <[e-mail]>, "Joe E. Blair" <[e-mail]>,
"Kerry T. Cross" <[e-mail]>, Wanda James <[e-mail]>,
Chuck McDonald <cmcdonald @dot. state.nc.us> , Randy Wise <[e-mail]>,
Byron Moore <[e-mail]>,
"Gregory A. Smith" <[e-mail]>,
"A. M. Rahmani" <arahmani @dot. state.nc.us> ,
"Marc T. Shown, PE" <[e-mail]>,
David Schiller <dschiller @dot. state.nc.us> , Ed Lewis <[e-mail]> ,
Jimmy Norris <[e-mail]>, Ed Brooks <[e-mail]>,
Sue Brady <sbrady @dot. state.nc.us>, Randy Turner <[e-mail]>,
John Frye <[e-mail]>, Lonnie Brooks PE <lbrooks @dot. state.nc.us>
An on-site Field Inspection and Resource Agency Review of
Construction Plans for the remaining mitigation sites for the
Smith Creek Parkway has been scheduled. The meeting will be
conducted at 10:00 am on May 12, 2000, at the NCDOT Division
Office in Wilmington.
A hard copy notice of this meeting will be sent today. A set of
half-size construction plans and preliminary permit drawings will
be forwarded to you within the next few weeks.
The meeting has several goals:
1. To provide agencies an opportunity to verify that NCDOT
construction plans reflect those commitments made in the subject
Mitigation Plans.
2. To provide agencies with an opportunity to collectively visit
the mitigation site.
3. To solicit immediate agency comments on construction plans, if
agency representatives feel the plan sheets do not accurately
reflect the approved Mitigation Plans.
4. To solicit immediate comments from Division construction
personnel as to the "constructibility" of the plans.
5. To review preliminary permit drawings and solicit immediate
agency comments
If _rou have any questions or comments prior to the meeting,
plea:. feel free to call me at 919-250-4016.
NCDOT folks - This meeting has been added to your Netscape
Calendar.
Thanks,
Marc Clifford
919-250-4016
I of 2

03/27/2000 1:26 PM
I
a MAY 2 Zoo
WULANDS GROG
STATE OF NORTH CAROLINA % ,TER SrcI,
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR DAVID MCCOY
GOVERNOR SECRETARY
MEMO TO: Distribution List
FROM: James G. Norris, Jr. 6q
Roadway Design Proj Engine r
DATE: April 27, 2000
SUBJECT: Project 8.2250109 (U-0092A/B) New Hanover County
F. A. Project MANHS-0332(7)
Wilmington - Smith Creek Parkway from the NE Cape Fear
River Bridge to east of 23rd Street
Two items were inadvertently omitted from some Smith Creek
Parkway mitigation packets accompanying the letter dated
April 19, 2000. The following items are attached for your
review:
• preliminary permit drawings
• table showing mitigation acreage, habitat type
As a reminder, the on-site Field Inspection and Resource Agency
Review is scheduled for 10:00 a.m. on May 12, 2000, at the NCDOT
Division Office in Wilmington.
If you have questions or comments prior to the meeting, please
feel free to contact me or Marc Clifford, PE, at [phone].
Thank you in advance for your attendance.
DIRECTIONS to Division Office in Wilmington from Raleigh:
- Take I-40 east until it becomes NC 132 in Wilmington.
- Turn right on Smith Creek Parkway (at stoplight) and
continue until it ends at 23rd Street.
- Turn right on 23rd Street.
Turn left on Division Drive just before RR tracks.
- Division Office is on the left at the end of Division
Drive where it intersects Castle Hayne Road.
JGN/rmc
Attachments

4 1
U-0092A/B Field Inspection
Page 2
April 27, 2000
Distribution List:
Agency Personnel
Dave Timpy, USACE
Tom McCartney, USFWS
John Hennessey, DWQ
David Cox, NCWRC
Ron Sechler, NMFS
Ed Brooks, CAMA
Ted Bisterfield, EPA
Kathy.Matthews, EPA
NCDOT Personnel
Randy Turner, Division Environmental Officer
FHWA
Kay Batey
Michael Dawson
?'?I?""""?-
a --jr
Preliminary Permit Drawings
U-0092A and U-0092B
New Hanover County
Smith Creek Parkway

t. _
VICINITY MAP
LEND /
PROJECT
421 ( i \ New Hanover
County Airport
ightsville S R. r t
j 1310 1 t
i 117 .? Noce
BEGIN
PROJECT '
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
SMITH CREEP: PARKWAY FRO;•f
BRUNSWICK STREET TO US 117
CASTLE HAYNE ROAD.
SHEET OF DATE
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SITE MAP
MAP

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END STATE PROJECT 82250110
END F. A. PRO CT MANHS-0332 8
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
SMITH CREEK PARKWAY FROIXI
BRUNSWICK STREET TO US 117
CASTLE HAYNE ROAD.
SHEET OF DATE
L EGEND
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?- ?- FLOW DIRECTION 2
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N
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DEPT
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F TRANSPORTATION
CD BOULDER 6 DIVISION OF HIGHWAYS
--- CORE FIBER ROLLS NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092A)
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BRUNSWICK STREET TO US 117
CASTLE HAYNE ROAD.
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PROPERTY
OWNERS
NAMES AND ADDRESSES
OWNER'S NAME
ADDRESSES
CORBETT INDUSTRIES P O BOX 210
WILMINGTON, NC 28402
DEAN HARDWOODS, INC. 1 COWAN ST.
WILMINGTON, NC 28401
ELIZABETH P. ADAMS, HEIRS 177 X918 N HIGHLAND STREET
C/O REV. H.N. PARSLE MEMPHIS, TN 38111

HOWARD L. ARMISTEAD, JR. 2108 SOUTH 17TH STREET
WILMINGTON, NC 28401
P O BOX 40466
CSX TRANSPORTATION
JACKSONVILLE, FL 32203
D. B. HARDEE 133 SOUND VIEW DR.
WILMINGTON, NC 28403
EMMA M. BELLAMY, HEIRS P O BOX 3145
WILMINGTON, NC 28406
CORBETT PACKAGE COMPANY P O BOX 210
WILMINGTON, NC 28402
NCDOT .124 DIVISION DRIVE
WILMINGTON, NC 28401
WILMINGTON ASSOCIATES LTD. 1800 OLD MEADOW. ROAD
PARTNERSHIP MCLEAN, VA 22102

N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250101 (U-0092A)
,SMITH CREEK PARKWAY FROM
BRUNSWICK STREET TO US 117
CASTLE HAYN E ROAD
SHEET OF DATE

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VICINITY MAP
BEGIN
PROJECT
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421 County Airport
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PROJECT 1
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N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092B)
SMITH CREEK PARKWAY FROM
PROPOSED US 117 CONNECTOR TO
0.85 KM EAST OF 233RD STREET.
SHEET OF DATE
SITE MAP
N 56820.6270 E 709921.8902
l LEGEND
LINE WT LIN

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X N. C. DEPT.OF TRANSPORTATION
E2D BOULDER 6 DIVISION OF HIGHWAYS
--- CORE FIBER ROLLS NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092E)
SMITH CREEK PARKWAY FROM
PROPOSED US 117 CONNECTOR TO
0.85 Kai EAST OF 23RD STREET.
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PROPERTY (OWNERS
NAMES AND ADDRESSES
OWNER'S NAME .-ADDRESSES
NEW HANOVER COUNTY 3320 CHESTNUT STREET
C/O TAX ADMINISTRATOR' WILMINGTON, NC 28401
AMERICAN SKIN CO. P -O BOX 1169
WILMINGTON, NC 28402
CSX RAILROAD P O BOX 10466
JACKSONVILLE, FL 32203 .
CITY OF WILMINGTON
C/O CITY AT''?ORNEY P 'O BOX 1810
WILMINGTON, NC 28402
APPLIED ANALYTICAL IND., INC. 1206 NORTH 23RD STREE'T'
WILMING'T'ON, NC 28405
WILLIAM M. MANGUM, III
P O BOX 895
WRIGHTSVILLE BEACH, NC
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROJECT: 8.2250102 (U-0092B)
i
SMITH CREEK PARKWAY FROM
i PROPOSED US 117 CONNECT-OR TO
i 0.85 K)l EAST OF 23RD STREET.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. 1501 MAIL SERVICE CENTER, RALEIGH, NC 27699-1501 DAVID MCCOY
GOVERNOR SECRETARY
August 30, 2000
Mr. John Hennessy
NCDENR-Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
Subject: New Hanover County, Smith Creek Parkway (Sections 'A and B)
TIP No. U-92A/B, State Project No. 8.2250102
COE Action ID No. 199603836
Dear Sir:
Per your August 22, 2000 and August 28, 2000 conversations with Sue Brady
concerning the subject project, the following information is provided in response to the
issues which have been raised.
Use of jetting to set piles at Third Street/ NE Cape Fear River: We do not
anticipate using jetting to install the piles, but some jetting may be required because
isolated borings show medium to dense sands in the subsurface profiles, which may
hinder driving displacement-type piles. If jetting is required, containment of any
displaced material will be accomplished through the use of a filter-fabric or silt-fence
type enclosure around the pile footing. Displaced material will be vacuumed out of
the containment area and deposited in an upland disposal area. These activities would
take place using the temporary work bridges proposed for bridge construction.
2. Area of bridge footings affecting acreage of the Third Street Mitigation Site:
This site was described in the mitigation plan as 1.3 acres in size, with a rough
estimate for the area of the bridge footings subtracted. Due to concerns raised by
DWQ about whether the areas of the footings were subtracted from the total area, the
acreage of the mitigation site was recalculated using the more finalized bridge designs
now available. These calculations showed the net area of the mitigation site to be 1.2
acres. This still leaves a greater than 1:1 ratio of restoration/creation vs. impact for
U-92 Sections AB/C.
If you have any questions or need additional information please call Ms. Sue
Brady at [phone] ext. 270.
Sincerely,
William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
cc: Mr. David Timpy, COE, Wilmington
Mr. Ed Brooks, DCM
NCDOT/P&E BRANCH Fax:[phone]
i ?
'r«.../'
STATE or NORTH CAR
DEPARTMENT OF TRAN:
.YAMES B. HUNT JR. P.O. BOX 75201, RALEIGH, N.C. 2761
GOVERNOR
PROJECT DEVELaPMENT A EI WM,
FAX COVER SHE,
Date:
Number You Are Calling:
Please deliver the following pages to:
Name: inne&S
Department and/or Firm:
Address or Room Number: _
This Telecopy is being sent by.,
Name:
Phone Number:
Remarks:
Sep 14 '00 16:43 P.01
TATION
DAVID MCCOY
SECRETARY
BRANCH
II,qiv-25)-x(025
0.
Number of pages (Including Cover Skeet}
19 YOU DU IV()'f RECEIVE ALL FACES CLEARLY.CALL fff*)733-31 AS SOON AS POSSiHLIm'
PROJECT DEVELOPMENT & ENVIRONMENTAL AI3AlrYS1S RANCH
FAX NUMBER•[phone]
NCDOT/P&E BRANCH Fax:[phone] Sep 14 '00 16:43 P.02
e? may,
?f
STATE OF NORTH C OLINA
DEPARTMENT OF TRAM PORTAUON
JAMES B. HUNT JR. 1501 MAIL SERVICE CENTER, RALE GH, NC 27699-1501 DAVID MCCOY
GOVERNOR SECRETARY
August 34,
Mr. John Hennessy
NCDENR-Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
Subject: New Hanover County,:S;. ith-Creek: Pjrkway (Sections A and B)
TIP No. U-92A/B,.StateiPrpjectiNo..8 2250102
COE Action ID No, 0-9.6, 0 36
Dear Sir.
Per your August 22, 2000 and.Az3gust29, 2G'!' ` conversations with Sue Brady
concerning the subject project, the folloawing. ibf&rmajioo is provided in response to the
issues which have been raised.
I. Use of jetting to set piles at.Third.:St ee.0 NE-..C
anticipate using jetting to install *C piles, belt son
isolated borings show medium ta:denw sus-ln 1
hinder driving displacement-type piles: if jetting.
displaced material will be accomplished through i
type enclosure around the pile footing: Displaeec
the containment area and deposited in i upland
take place using the temporary work. bridges plop
2. Area of bridge footings affecting acreage erf th
This site was described in the' mitigati&:plan as
estimate for the area of the bridge footings subtra
DWQ about whether the areas ofthe. footmo-WC:
acreage of the mitigation site vas recalculated -us
now available. These calculations sho.wed the ne
acres. This still leaves a greater than, l:1 rafio of
U-92 Sections AB/C.
tpe Fear River: We do not
e jetting. may be required because
ie subsurface profiles, which may
s required, containment of any
ie use of a filter-fabric or silt-fence
material will be vacuumed out of
isposal area. These activities would
?sed for bridge construction.
Third Street Mitigation Site:
3 acres in size, with a rough
ted. Due to concerns raised by
subtracted from the total area, the
ig' the more finalized bridge designs
area of the mitigation site to be 1.2
rstoration/creation vs. impact for
NCDOT/P&E BRANCH Fax:[phone] k Sep 14 '00 16:44 P.03
If you have any questions or need addition information please call Ms. Sue
Brady at [phone] ext. 270.
i
Sincerely, !
William D. Gilmore, .E., Manager
Project Develo e.xit d Environmental Analysis Branch
cc_ Mr. David Timpy, COE, Witt?
Mr. Ed Brooks, DCM i
L
Ak
Mitigation Site Monitoring Protocol Draft 01/31/00
Mitigation Site Monitoring Protocol
for the
NCWRC/NCDOT Mitigation Program
In 1998 the North Carolina Wildlife Resources Commission (WRC) and the North Carolina
Department of Transportation (DOT) began working together to accomplish stream mitigation
requirements associated with U.S. Army Corps of Engineers (COE) 404 permits for various state
highway projects. Stream restoration is being undertaken at several sites within the state to
fulfill these mitigation requirements. This work involves making improvements to stream
reaches so that the stream channel is more stable and provides better fish and wildlife habitat.
Restoration work will provide long-term improvements to these sites because they are being
placed in conservation easements and maintained by DOT (short-term) and WRC (long-term).
Iri order to assess the accomplishment of these objectives this monitoring protocol has been
developed and will be employed at each site.
Environmental components monitored in this program will be those that allow an evaluation of
channel stability and improvements to fish habitat. Specifically we will evaluate channel
stability, erosion control, shading, seeding, woody vegetation plantings and at some sites, the
response of fish and invertebrate populations. This will be accomplished using photo reference
sites, measurements of air and water temperature, measurements of stream shading, stream
dimension and profile, survival of planted vegetation, and direct sampling of important
populations.
Photo Reference Sites
Photographs used to evaluate reference sites will be made pre-, during, and post-construction.
Reference sites should be photographed twice a year for at least 5 years following construction.
Reference photos should be taken in winter and summer at approximately the same date and
under similar weather conditions. After construction has, taken place, refefence sites should be
permanently marked with stakes, above the bankfull elevation. Detailed notes and a map
describing the location of reference points should be made
Longitudinal reference photos: The stream will be photographed beginning at one end of the site
and moving to the other end with photographs taken at delineated locations. Reference photo
locations should be marked and described for future reference. Points should be close enough
together to get an over all view of the reach. The angle of the shot will depend on what angle
provides the best view and should be noted and continued in future shots. Reference points
should not be changed unless absolutely necessary. When reference photos have to be moved
the new position should be as close as possible to the old with changes noted. The new position
should be used in all future photos.
Lateral reference photos: Reference photo transects should be established based on criteria which
is described in the initial monitoring data summary and followed in subsequent data collections.
Most often these may be the reference cross-sections. Permanent photo points should be
demarcated using wooden stakes and duplicated each year. Photographs will be taken of both
banks at each transect. The transect line will be centered in the photographs of the bank.
Photographers should make an effort to consistently maintain the same area in each photo over
ALI
Mitigation Site Monitoring Protocol Draft 01/31/00
time. Photos of areas that have been treated differently should also be included; for example two
different types of erosion control material used. This will allow for future comparisons.
Success Criteria: Photographs will be used to subjectively evaluate channel aggradation or
degradation, bank erosion, success of riparian vegetation and effectiveness of erosion control
measures. Longitudinal photos should indicate the absences of developing bars within the
channel or an excessive increase in channel depth. Lateral photos should not indicate excessive
erosion or continuing degradation of the bank over time. A series of photos over time should
indicate successional maturation of riparian vegetation. Vegetative succession should include
initial herbaceous growth, followed by increasing densities of woody vegetation and then
ultimately a mature overstory with herbaceous understory.
Channel Stability
Cross-sections: At least 4 permanent cross-sections will be established, measured and plotted to
indicate how the banks and channel were modified. These cross-sections may be at the same
location as ones taken to develop construction plans or they may be different. New cross-
sections should be developed to monitor structures or features that may have an increased risk of
failure. Each cross-section should be marked on both banks to establish the exact transect
location. A common benchmark should be used for cross-sections and consistently used to
facilitate easy comparison of year to year data. Data should be taken at a scale that allows the
evaluation of bank and channel changes. Photos of each cross-section should be made. Data
should be collected once a year for the first 5 years and then as needed after this to evaluate
stability of the bank and channel.
Longitudinal Profile: A longitudinal profile will be developed for each site prior to construction.
This profile will be duplicated each year and the year to year data compared. The beginning and
end of each profile should be well demarcated and the length should be at least 20 bankfull
widths.
Pebble Counts: An evaluation of bed material changes will be made by doing a pebble count
along at least two of the reference cross-sections. A 100 particle sample will be collected at each
cross-section. Particles will be randomly selected according to standard procedures. Particle
size distributions will be compared to initial pebble counts and to year to year samples.
Success Criteria: Judgements of success or failure of restoration activities using this data will be
subjective. There should be minimal changes in as built cross-sections and longitudinal profiles.
If changes do take place they will be evaluated to determine if they represent a movement toward
a more unstable condition (down-cutting, deposition, erosion) or are minor changes that
represent an increase in stability (settling, vegetative changes, decrease in width/depth ratio).
Unstable conditions that require remediation will indicate failure of restoration activities. Pebble
count data should indicate a reduction in fine bed material if the project is successful.
Vegetative Cover
One objective of the mitigation program is to increase the quantity of shade, through vegetative
cover of the stream. This will be accomplished by planting herbaceous and woody vegetation
along the riparian zone. As this vegetation grows and matures the stream should become more
2
Mitigation Site Monitoring Protocol Draft 01/31/00
and more shaded, the air temperature along the stream corridor should become more stable and
water temperatures should not rise in the affected reach. We will evaluate project impacts to
these environmental variables by monitoring air and water temperature and shade.
Shading: Improvements to shading of the stream will be evaluated by monitoring the change in
light penetration over time. Light penetration will be measured along each reference cross-
section. A light meter will be used to measure the light at the ground or water surface, and at 1
meter above the ground and water surface along the cross-section. Measurements will be taken
along the left bank at a point outside of the conservation easement, at the top of the stream bank,
and in mid-channel. On channels greater than 10 feet in width, measurements will also be taken
at the waters edge. The right-bank will be used when the left-bank has not been altered.
Individuals collecting this data should wear light colored clothing and hold the light meter
horizontal and perpendicular to the ground. The sun should be at the 12:00 position from the
meter with the collecting individual at the 6:00 position. The date, time of day and weather
conditions should be duplicated in samples taken year to year. Any factors, other than vegetative
shading, that might affect measurements should be noted and controlled year to year.
Temperature: The ability of planted vegetation to thermally stabilize mitigation site riparian
zones will be evaluated by monitoring both water temperature and air temperature. Temperature
will be sampled using StowAway® XTI recording thermometers made by Onset Computer
Corporation. These thermometers will be placed upstream and downstream of the site reach and
will record water temperature every hour. They will be deployed by the ls` of August each year
to record the water temperature during August and September. Streams in Western North
Carolina usually are the warmest during these months and begin to cool by the end of September.
Water temperature will be recorded prior to construction and each year during the 5 year
monitoring period. Shading effects on air temperature will be evaluated by recording air
temperature along each reference cross-section. Air temperature will be recorded at each
location that light penetration is measured and each measurement will be taken at 1 meter above
the ground or water surface. Temperature stability will be measured using StowAway®
recorders to measure air temperature in the shade at hourly intervals for seven consecutive days.
This temperature stability measurement will be done along one of the randomly selected
reference cross-sections, at points outside of the easement and within the easement (at the top of
the stream bank).
Success Criteria: Comparisons of air temperature and shading should indicate a lower
temperature and increased shading within the easement area when compared to points outside of
the easement. Water temperature should decrease, or at least be constant, as it moves through the
mitigation site. This difference may not be found until riparian vegetation grows to the point that
it is shading the stream. Temperature stability data should indicate that the riparian zone has a
less variable temperature regime than a site outside of the vegetated buffer. Reference data from
existing riparian zones in excellent condition, needs to be developed to provide targets for
shading and thermal buffering of restored sites.
Plant Survival
Survival of vegetation will be evaluated using survival plots or direct counts. Coverage by the
cover crop will be evaluated at regular intervals the first 2 months following construction.
3
,, -
Mitigation Site Monitoring Protocol Draft 01/31/00
Seeded areas will be subjectively evaluated using photographs of at least 4 survival plots. Plots
will be 1 meter square and photos will be taken at least twice a year, in winter and summer.
Survival of live stakes will be evaluated using at least 3 plots. Plot size should allow for
evaluating at least a total of 100 live stakes. Evaluations of live stake survival will continue for
at least 3 years before success or failure is accessed. All bare rooted trees will be enumerated
and flagged. Trees will be examined twice a year in winter and spring. Survival will be
determined during the second summer after planting.
Success Criteria: When seeded vegetation does not show satisfactory germination and plant
density, plans should be made to either sow more seed, fertilize the site or both. Successful
growth of seeded vegetation will be based on 75% coverage in photos of survival plots. Success
of live stake plantings will require an 80% survival rate, based on sample plots. Success of bare
rooted trees will require an 80% survival rate, based on examination of all planted trees. An
attempt will be made to replace all dead bare rooted trees.
Biological Indicators
Fish and invertebrate population data will not be taken at all mitigation sites as a measure of
success or failure of the mitigation work. These populations can be influenced by factors that a
local stream mitigation project can not change, i.e., predators, off site conditions, upstream water
quality. Because of these influences these populations will not be used to assess success or
failure for most sites. However, we may use data on these populations when a number of
projects are in one watershed and restoration activities are extensive enough to influence these
populations. When mitigation work can be done throughout the watershed these populations can
provide an assessment tool for the success of the work. These populations can provide insights
on the overall health of the stream and the need for habitat improvement. When these
populations can be evaluated on a watershed basis and at a mitigation site, a marked difference at
the site might indicate that local conditions are limiting populations at the site and on site work
can improve the populations. In this case monitoring of important populations is warranted.
When sampling of these populations is needed we will utilize standard procedures. Quantitative
fish population samples will follow the 3 pass depletion method employed by the WRC to
evaluate trout populations. Qualitative fish population sampling will utilize the Index of Biotic
Integrity method used by the Division of Water Quality. Invertebrate sampling will follow the
methods prescribed by the Division of Water Quality (Penrose 2000). Monitoring reports
utilizing this data should explain its need and how it will be used to evaluate any mitigation
work.
Success Criteria: For a restoration project to be deemed a failure based on fish and/or
invertebrate populations, data should indicate a negative trend in the population. An explanation
of how mitigating factors other than the restoration work may have influenced the important
populations should be provided in the data analysis. Success would be indicated when
populations remain the same or improve.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DAVID MCCOY
GOVERNOR S ECRETARY
MEMO TO: Distribution List
FROM: James G. Norris, J
Project Engineer
9gT??TlAtyt7
DATE: April 19, 2000
SUBJECT: Project 8.2250109 (U-0092A/B) New Hanover County
F. A. Project MANHS-0332(7)
Wilmington - Smith Creek Parkway from the NE Cape Fear
River Bridge to east of 23rd Street
An on-site Field Inspection and Resource Agency Review of
Construction Plans for the remaining mitigation sites for the
Smith Creek Parkway has been scheduled. The meeting will be
conducted at 10:00 a.m. on May 12, 2000, at the NCDOT Division
Office in Wilmington.
The following items are attached for your review prior to the
meeting:
-preliminary construction plans
-mitigation plan
-preliminary permit drawings
-table showing mitigation acreage, habitat type
If.you have questions or comments prior to the meeting, please
feel free to contact me or Marc Clifford, PE, at [phone].
Thank you in advance for your attendance.
DIRECTIONS to Division Office in Wilmington from Raleigh:
- Take I-40 east until it becomes NC 132 in Wilmington.
- Turn right on Smith Creek Parkway (at stoplight) and
continue until it ends at 23rd Street.
- Turn right on 23rd Street.
Turn Left on Division Drive just before RR tracks.
- Division Office is on the left at the end of Division
Drive where it intersects Castle Hayne Road.
JGN/rmc
Attachments

?fnl:
Y
U-0092A/B Field Inspection
Page 2
April 18, 2000
Distribution List:
Agency Personnel
Dave Timpy, USACE
Tom McCartney, USFWS
John Hennessey, DWQ
David Cox, NCWRC
Ron Sechler, NMFS
Ed Brooks,, CAMA
Ted Bisterf iel.d, EPA
Kathy Matthews, EPA
NCDOT Personnel
John Wolf, PE, Roadway Construction Engineer
Joe Blair, PE, Division Construction Engineer
Kerry Cross, PE, Resident Engineer
Chuck McDonald, Division Locating Engineer
John Anderson, Division R/W Agent
Randy Wise, PE, Roadside Environmental
Byron Moore, PE, Roadside Environmental
Greg Smith, LG, Geotechnical Unit
Abdul Rahmani, Hydraulics Unit
Marc Shown, PE, Hydraulics Unit
John Frye, PE, Structure Design
Lonnie Brooks, PE, Structure Design
Charles Bruton, PhD, Project Development & Environmental Analysis
David Schiller, Project Development & Environmental Analysis
Sue Brady, Project Development & Environmental Analysis
Ed Lewis, Project Development & 'Environmental Analysis
Randy Turner, Division Environmental Officer
FHWA
Kay Batey
Michael Dawson