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HomeMy WebLinkAboutDepartment Of The ArmyRegulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 April 21, 2006 Action ID No. 199603836, Bridge Maintenance Mitigation Site Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA N.C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: ?r of ®1 ?Nps NR. ?, ??0 A"DS oR Q& 6 WZk/ RBI Please reference the annual monitoring report meeting on May 5, 2005 to discuss the monitoring reports for the Bridge Maintenance Mitigation Site and your letter dated June 24, 2005 requesting written confirmation to close this mitigation site. Based on the results presented in monitoring reports for this project, the success requirements of the mitigation plan for the Bridge Maintenance Mitigation Site have been satisfied. Thus, we concur with your recommendation to discontinue future monitoring at this site. Should you have any questions, please call me at (910) 251-4634. Sincerely, David L. Timpy NCDOT Project Manager Copies Furnished: Ms. Suzzane Klimek Director of Operations II Ecosystem Enchancement Center 1652 Mail Service Center Raleigh, North Carolina 27699-1652 -2- Mr. Brian Wrenn N.C. Department of Environment r' and Natural Resources ya Division of Water Quality-Wetlands Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. Gary Jordan U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Christopher Militcher U.S. Environmental Protection Agency Office of Environmental Assessment 310 New Bern Avenue, Room 206 Raleigh, North Carolina 27601 Mr. Travis Wilson Highway Coordinator N.C. Wildlife Resources Commission 1142 I-85 Service Road Creedmoor, North Carolina 27522 Mr. Doug Huggett Division of Coastal Management 1638 Mail-Service Center Raleigh, North Carolina 27699-1638 REPLY TO ATTENTION OF: Regulatory Division % DEPARTMENT OF THE ARMY A WI LMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890cr ?(?? 06 July 12, 2005 orT rF,Q SOS 01 cy Action ID No. 199603836 and TIP Project U-92AB, Smith Creek Parkway, New Hanover County, North Carolina. Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA N.C. Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Thorpe: Please reference the Department of the Army (DA) permit issued on December 12, 2000, for the subject project and your letter dated May 31, 2005, requesting a permit modification at Wetland Site 2 of Section U-92B to authorize additional riprap for bank stabilization and at Wetland Site 4 of Section U-92A to authorize replacement of the existing twin 600 mm pipes under Castle Hayne Road with three 900 mm x 25 in corrugated aluminum alloy pipes. At Wetland Site 2 of U-92B, the original authorization allowed for construction of an equalizer pipe for maintenance of surface hydrology at this wetland. Following construction, it was found that riprap bank stabilization is needed at the pipe inlet due to the steep grade from the inlet to the adjacent wetland. This office has also expressed concerns that this steep grade will create a head-cut into the adjacent wetland resulting in future wetland impacts at this site. The proposed riprap will result in an additional 0.015 acre of permanent wetland impacts. At Wetland Site 4 of U-92A, the replacement of the existing twin pipes at STA 12+50 on Y-2 with three 900 mm x 25 in corrugated aluminum alloy pipes is shown in the current construction plans but is not included in the DA permit. The replacement of these pipes will not result in any additional wetland or stream impacts. You have requested a permit modification to authorize construction of the riprap bank stabilization at Wetland Site 2 of U-92B and replacement of the three existing corrugated aluminum alloy pipes at Wetland Site 4 of U-92A. These proposed modifications will result in 0.015 acre (672 square feet) of permanent impacts to riverine wetlands adjacent to with Smith Creek. To offset these wetland impacts you have proposed to provide 0.015 acre of on-site Coastal Small Stream Swamp restoration from a site located between the existing Bridge Maintenance Mitigation Site and Smith Creek Mitigation Site at STA 30+21 to STA 34+03m RT. This site was not included in the mitigation plans for this project but was restored to the same specifications as the Bridge Maintenance and Smith Creek mitigation sites during construction to connect these sites. The total area of restored riverine wetlands at this site is 0.17 acre. 1-11 Your DA permit is hereby modified to allow construction of the additional riprap at STA 12+50 on Y-2 as shown in the revised permit drawing for Wetland Site 2 of U-92B dated November 30, 2001, replacement of the existing twin pipes at STA 12+50 on Y-2 with three 900 mm x 25 m corrugated aluminum alloy pipes at Wetland Site 4 of U-92A as shown in Sheet 10 of the current construction plans for U-0092A, and authorization of the onsite compensatory mitigation proposal submitted with your letter dated May 31, 2005 (copy attached). All other conditions of your Department of the Army permit shall remain in full force and effect. The expiration date of this permit shall remain at December 31, 2005. Should you have any questions, please contact Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, at telephone (910) 251-4634. Sincerely, Charles R. Alexander, Jr. Colonel, U.S. Army District Engineer Enclosure Copies Furnished (without enclosure): Mr. Allen Pope, PE Division Engineer North Carolina Department of Transportation Division 3 124 Division Drive Wilmington, North Carolina 28401 Mr. Travis Wilson Highway Coordinator North Carolina Wildlife Resources Commission 1142 I-85 Service Road Creedmoor, North Carolina 27522 Mr. John Hennessy NCDENR-DWQ V Wetlands Section 1650 Mail Service Center Raleigh, NC 27699-1650 2 ,I Mr. Gary Jordan U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Christopher Militcher USEPA Raleigh Office Office of Environmental Assessment 310 New Bern Avenue, Room 206 Raleigh, NC 27601 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Mason Herndon North Carolina Department of Transportation Division 3 124 Division Drive Wilmington, North Carolina 28401 MEMORANDUM June 24, 2005 To: John Hennessey, Supervisor 401/Wetlands Group, DOT Unit -and- Brian Wrenn 401/Wetlands Group, DOT Unit Thru: Belinda Henson Regional Supervisor, SWP Section Fayetteville Regional Office From: Ken Averitte? FRO Subject: DWQ Project #01117 Request for Modification to 401 Certification Smith Creek Parkway, U-92B and U-92A New Hanover County G ?S During the monthly ride through on June 7, 2005, I visited the site of the subject modification request with Mason Herndon and Dave Timpy. U-92B involves the placement of about 672 square feet (0.015 ac.) of rip-rap at the inlet end of an equalizer pipe under new road fill, L Station 40+80. The grading contractor apparently installed this pipe at an elevation considerably lower than designed (in error). Road fill was apparently placed (est. 15-20 ft. high) before this was discovered. There is no stream involved. However, the low elevation of the pipe has caused the development of a small channel which will eventually work upslope into the adjacent wetland. The purpose of the proposed work is to stabilize the inlet at the pipe and minimize any further head cutting. The original proposal was to slope the inlet gradually down to the invert elevation. At the time of the meeting, it was agreed by all parties to leave a more severe slope immediately up from the pipe, armored with rip-rap, and then armor further "upstream" about 25 feet from the pipe at existing grade. This should minimize the drainage effect on the wetland and allow the area to return natural grade as sediment accumulates. Grading will be minimal if at all. Rip-rap will be placed at or near existing grade. Mitigation is proposed for U-92B impacts. Site U-92A involves simple replacement of roadway pipe culverts. It was determined after the application was made that the existing pipes have deteriorated to the point of needing replacement. Two 600 mm pipes will be replaced with three 900 mm CMP of the same length. No additional wetland impacts are proposed. It is the recommendation of this office that the requested modification be approved. If additional information is required, or if I can be of assistance, please advise. Newhan.smithakpkwy.mod.doc , AJ w?Ta{SNP OEM, North Carolina Department of Envir' "_ ment and Natural Resource Divisionof Coastal Management -a { '_rFRecti - Michael F. Easley, Governor Charles S. Jones, Director ` William G. Ross Jr.,` Secretary September 8, 2004 Mr. Philip S. Harris, III, PE NC Department of Transportation Project Development and Environmental Analysis Office of Natural Environment 1598 Mail Service Center Raleigh, NC 27699-1598 Re: Haws Run Mitigation Site, TIP No. R-2405WM, Pender and Onslow Counties Dear Mr. Harris: This letter is in response to your correspondence dated June 24, 2005 regarding the regulatory - release of the Haws Run Mitigation Site in Onslow and Pender Counties. This site provides mitigation for numerous NCDOT projects, including: U-2107 (LAMA Permit No. 77-97); R- 2405C (consistency determination 6/24/97); U-3616 (consistency determination 12/29/97); U- 2734 (consistency determination 3/18/04); U-92 (CAMA Permit No. 178-00); R-2405A (consistency determination 7/21/03); and a secondary road (SR 1125) in Pender County. Please note that your letter did not indicate that the Haws Run Mitigation Site also provides mitigation for the U-2734 project. Records show that 3.6 acres of swamp forest restoration was debited for this project. Based on visual observations and an evaluation of the success of the site by DCM personnel and consultation with the NC Division or Water Quality (DWQ), US Army Corps of Engineers (USACE), and the NC Wildlife Resources Commission, DCM concurs with your _ recommendation to discontinue monitoring. This does not eliminate the need to obtain any other approvals or authorizations that may be required. If you have any questions or concerns contact Steve Sollod at 919-733-2293, extension #230 or via e-mail at steve.sollod@ncmail.net. Sincerely, i UAL- r' Douglas V. Huggett Major Permits and Consistency Unit Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper 2 NCDENRr?o ofRQ 10a? North Carolina Department of Environment and Natural Resource s'0?'ge Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 8, 2004 Mr. Philip S. Harris, III, PE NC Department of Transportation Project Development and Environmental Analysis Office of Natural Environment 1598 Mail Service Center Raleigh, NC 27699-1598 Re: Bridge Maintenance Mitigation Site, TIP No. U-0092WM, New Hanover County Dear Mr. Harris: This letter is in response to your correspondence dated June 13, 2005 regarding the regulatory release of the Bridge Maintenance Mitigation Site in New Hanover County. This site was intended to provide tidal swamp forest restoration mitigation for NCDOT's U-0092 project. Hydrologic monitoring.was discontinued in July 2004 with approval from the-natural resource agencies at an on-site meeting. The criteria for vegetative success appear to have been satisfied. Based on visual observations and an evaluation of the success of the site by DCM personnel and consultation with the NC Division or Water Quality (DWQ), US Army Corps of Engineers (USACE), and the NC Wildlife Resources Commission, DCM concurs with your recommendation to discontinue monitoring. This does not eliminate the need to obtain any other approvals or authorizations that may be required. If you have any questions or concerns contact Steve Sollod at 919-733-2293, extension #230 or via e-mail at steve.sollod@ncmail.net. Sincer 1 , V Douglas V. Huggett Major Permits and Consistency Unit Manager cc: Mr. Bill Arrington, DCM Ms. Melissa Carle, DCM Mr. Randy Griffin, NCDOT Mr. Doug Huggett, DCM Mr. Gary Jordan, USFWS 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper s . _ --„ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORT JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVERNOR 28 May 1999 U.S. Army Corps of Engineers Regulatory Field Office P.O. Box 1890 Wilmington, NC 28402-1890 ATTENTION: Mr. David Timpy NCDOT Coordinator Dear Si:: 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. Mitigation: 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 on Market Street. In addition, existing and projected conditions of the study area were described, 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 for New Hanover County. 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 Green sea turtle T Picoides borealis Red-cockaded woodpecker E Trichechus manatus Manatee E Amaranthus pumilus Seabeach amaranth T Lysimachia aesperulaefolia Rough-leaved loosestrife E Thalictrum cooleyi 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 species and listed for its protection. * *- Obscure record- the date and/or location of observation is uncertar., 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 Conclusions 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-921)), 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 3 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 11990 (Protection of Wetlands) and DOT Order 5660.1 A (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 issuanc_ 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 emplove. 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 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. 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 au-- to insufficient size, owners were not willing to sell, and/or contamination of the potentiai 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 enhancement. 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 Briage 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 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 Tidai Marsh/Bottomland Hardwood Forest at the Third Street Site, and preservation of existing 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 8 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 (919) 733-1143. 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 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANTF 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 9. AGENTS ADDRESS P.O. Box 25201 Raleigh, NC 27611 t 7. APPLICANTS PHONE NOS. W/AREA CODE 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. 41i 4) 0--b- ? 2!E APP CAN S SIG TURE ?-I 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) 14. PROJECT STREET ADDRESS (if applicable) Smith Creek 15. LOCATION OF PROJECT New Hanover NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, LauLon, and/or Accessors's Parcel Number, for example. See Attached Vicinity Map 17. DIRECTIONS TO THE SITE ARM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) 18. Nature of Acrilvlty (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 Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) See cover letter 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. (_ AZL ?, Id, -b iff 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 Bridge Maintenance Site Compensatory Mitigation Plan Smith Creek Parkway New Hanover County TIP Project Number U-92C State Proiect Number 8.2250101 COE Action ID Number 199300597 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 (87 Manual)" (DOA 1987), and confirmed by the US Army Corps of Engineers in August 1995. 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 z t L / . Fridge Maintenance Site 1nW?' Q 1 t I ntemational Airport,! J v? Smite. eek 0.5 0 0.5 1 Mies N W E Fig. 1 Location Map 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 offinale), 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), sweetgn:. (Liquidambar styracijlua), giant cordgrass (Spartina cynosuroides), wild rice (Zizania aquatica), cattails (Typha angustifolia), muscadine grapes (Vitis rotundifolia), greenbric (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. it 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 natura 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. I A_ 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 ny= total number of plots. Average percent cover will be determined by c= Ec/n, where c= average percent cover, Yc= the sum of estimated foliar cover for all plots, and n= the total number of plots. If Phragmites australis appears in any monitoring period, in more than five sampling plots, then the Department o 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 followir__ 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 Bridg-- 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 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. 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. t >t 1 0 1 2 Niles N Fig. 1 Location Map E Smith Creek, McRae Street, Third Street, and Kerr Avenue Sites s 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 Castle 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 or 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 tn: 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 multijlora), 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). I 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 (Acer 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 (flex 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 ACTIVITIES 4.1 Smith Creek Sit- 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 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 Kerr Avenue Site will be preserved. Thus, there will be no grading or vegetation planting at that sitc. The property will be preserved in perpetuity through the transfer of the deed to a resource agenev (public or private) acceptable to the appropriate regulatory agencies. Covenants and/e- restrictions on the deed will be included that will ensure protection of the site in perpetuii? . 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 24.9 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. _ NCDOT proposes to provide compensatory mitigation for unavoidable impacts to 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, biologicat and/or cultural methods. 11.0 DISPENSATION OF PROPERT" 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, North Carolina. USDA Soil Conservation Service.