R2304

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPOT
JAMES B. HUNT 1R. P.O. BOX 25201, RALEIGH, N.C. 27611-5 0l DAVID MCCOY
GOVERNOR January 4, 2000 SECRETARY
? r
Mr. Mike Bell'
US Army Corps of Engineers
Washington Regulatory Field Office
PO Box 1000
Washington, North Carolina 27889-1000. ,
Dear Mr. Bell:
Subject: 1999 Annual Monitoring Report for Manns Harbor Mitigation Site, Dare
County
Please find enclosed the 1999 Annual Monitoring Report for the Manns Harbor Mitigation
Site. This report details the vegetation monitoring activities over the past year at the site,
which was first monitored in 1996.
A meeting to discuss this and other sites evaluated by the Washington and Wilmington
Regulatory Offices has been scheduled for Friday, February 18, 2000 at 9:00am in Room
470 of the Transportation Building. Representatives from NCDOT and other agencies will
be in attendance.
If you should have any questions prior to this meeting, please contact Beth Smyre, Natural
Systems Engineer, at [phone]. Thank you for your continued support and
cooperation.
Sincerely,
4/, C ?
V. Charles Bruton, Ph.D.,
Assistant Branch Manager
Project Development and Environmental
Analysis Branch
Cc: w/ attachment
David Franklin, USACE (1)
Kelly Williams, NCDCM (2)
ha°fIennessy, NCDWQ (1)*
David Cox, NC WRC (1)
Ron Sechler, NMFS (1)
w/o attachment
Bruce Ellis, NCDOT
P110NE (919) 733-2>20 FAX[phone]

1
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? ANNUAL REPORT FOR 1999
1

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Manns Harbor Mitigation Site
Dare County
TIP No. R-2304, B-2301
ViN
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Prepared By.
Natural Systems Unit
Roadside EnwironmentJ'I !unrt
North Carolina Department of Transportation
December 199

TABLE OF CONTENTS
SUMMARY ...................................................................................... 1
1.0 INTRODUCTION ........................................................................ 2
1.1 Project Description ............................................................ 2
1.2 Purpose .......................................................................... 2
1.3 Project History .................................................................. 2
1.4 Site Remediation ............................................................... 2
2.0 VEGETATION .................................................................... .... 4
2.1 Success Criteria ................................................................
2.2 Description of.Species ........................................................ 4
2.3 Results of Vegetation Monitoring .......................................... =
2.4 Conclusions ..................................................................... 4 P-F
3.0 OVERALL CONCLUSIONS/ RECOMMENDATIONS .........................
APPENDICES
APPENDIX A - SITE PHOTOS .......................................................... C,.
APPENDIX B - CORRESPONDENCE ................................................
FIGURES
FIGURE 1 - SITE LOCATION MAP ..................................................... 3

SUMMARY
The following report summarizes the monitoring activities that have occurred in
the past year at the Manns Harbor Mitigation Site. Construction began on this
site in 1995. No hydrologic monitoring was required. Vegetation monitoring
activities in 1999 represent the fourth year of monitoring. The site must
demonstrate vegetation success for a minimum of three years or until the project
is deemed successful. The site contains no vegetation plots.
Site has almost complete aerial coverage of Scirpus robustus and Juncus
' roemerianus. Phragmites shows signs of stress due to the herbicide
applications.
NCDOT was requested by the U.S. Army Corps of Engineers to repair areas
disturbed by silt fence removal. This work will be completed this winter, pendin-
drier conditions.
NCDOT will continue to monitor the Manns Harbor Mitigation Site for one more
year in an effort to control the Phragmites infestation on the site.

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' 7.0 INTRODUCTION
1 1.1 Project Description

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The site is located near the intersection of US 64/US 264 and SR 1105 in Dare
County (Figure 1). It is approximately 1.51 acres in size and consists of creation,
enhancement, and management of marsh grass species. The project is
designed to offset the impacts associated with R-2304 and B-2301.
1.2 Purpose
In order to be considered successful mitigation, a site must meet federa
guidelines for wetland mitigation. These guidelines dictate criteria for botr;
wetland hydrology and vegetation. This report details the vegetation monitorinc;
during 1999 at the Manns Harbor Mitigation Site. Hydrologic monitoring was nc
required on this site.
1.3 Project History
Spring 1995
October 1996
September 1997
October 1998
October 1999
1.4 Site Remediation
Natural Colonization of Scirpu
Vegetation Monitoring (1 yr.)
Vegetation Monitoring (2 yr.
Vegetation Monitoring (3 yr.)
Vegetation Monitoring (4 yr.)
The U.S. Army Corps of Engineers asked that NCDOT complete the following
grading repair work on the site:
• Fill in a trench created by silt fence removal.
• Remove trash that had been dumped by unknown sources.
• Grade down the front driveway/parking near the SR 1105 right of way.
• Install a chain with posts at the driveway entrance to deter parking.
NCDOT will complete the remediation work this winter, pending drier conditions.

.x
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lD 1997 DeLorme. Street Adas USA

FIGURE 1
SITE LOCATION MAP

' 2.0 VEGETATION
2.1 Success Criteria
' Success Criteria states that there must be 50% survival rate of planted species
and 50% area coverage of marsh vegetation.
' 2.2 Description of Species
The following species are targeted in the Wetland Restoration Ares::
Scirpus robustus
Juncus roemerianus
2.3 Results of Vegetation Monitoring (4 Year)
' No monitoring plots were established. Visual observation of site reveals tha,
Scirpus robustus and Juncus roemerianus are the predominant species within
' the site. It is estimated by visual observation that Juncus roemerianus anc
Scirpus robustus has an area coverage of 85-90%. Scirpus robustus is not a=
predominant this year possibly due to flooding from Hurricane Floyd. It is also a
' transitional species and is being dominated by Juncus roemerianus. The
estimated area coverage of Phragmites is down to approximately 5-10%. The
Phragmites continues to be treated on the site. The existing Phragmites shows
signs of stress due to the herbicide applications.
Notes from Report: Site looks good. Site has almost complete area coverage of
Scirpus robustus and Juncus roemerianus. At the time of monitoring the entire
site was inundated with 8-12" of water.
2.4 Conclusions
This site consists of approximately 1.5 acres, which was graded to the elevation
of the adjacent wetlands. Prior to planting, the site began to naturalize with
Scirpus robustus, a more desirable species, and no initial planting was done.
Juncus roemerianus has started to naturalize on the site and now covers 85-90%
' of the site. Continuing efforts have been made to control the phragmites
infestation throughout this growing season. The phragmites was treated again in
June 1999.

3.0 OVERALL CONCLUSIONS/ RECOMMENDATIONS
NCDOT.will complete the remediation (grading and related work) this winter,
pending drier conditions.
NCDOT will continue to monitor the Manns Harbor Mitigation Site in an effort to
control the Phragmites infestation on the site.
5

APPENDIX A
SITE PHOTOS
6.
Mann's Harbor

Photo 3: At entrance of site, facing West
' 1999
Photo 2: At entrance of site, facing SW
Photo 4: Middle of site. facing North
Mann's Harbor

Photo 6: Stressed Phragmites within site

APPENDIX B
CORRESPONDENCE
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STATE OF NORTH CAROLINA
DEPARTMENT OF T %ANSP
ORTATION
.TAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
. GOVERNOR j AcmG SECRETARY
June 23, 1999
Mr. David Lekson
U.S. Army Corps of Engineers _
Post Office Box 1000 =-
Washington, North Carolina 27889
Dear Mr. Lexson.
' SUBJECI': Manns Harbor Mitigation Site Dare
County, TIP Projects R-2304,13-.L-3,;; _
We have been aware of your concerns regarding the subject mitigation site. As per ou_
' earlier conversations the NCD
OT is proposing to remediate the site with the following
measures -
' 1. Silt
Fence Trench: Some soil material was displaced when the silt fence was removed
several months ago. A trench created by the silt fence removal will be filled with the
available loose soil. In addition, all trash remaining from the silt fence will be removed.
This work will be completed by hand.
' 2. Front Driveway/Parking Area: A small portion of the front driveway/parking area near
the SR 1105 right of way will be graded down, scarified, and the soil will be conditioned.
A chain with posts will be installed at the driveway entrance (at the right of way) to deter
parking.
,3. Planting: The site was never actively planted; instead, NCDOT relied
on colonization by
Scirpus robustm from the surrounding wetland. Since this action was successful, the
disturbed areas (see #2 above) will also rely on naturalizing instead of planting. Also, the
periodic herbicide application to control Phragmites will continue.
This work should complete the requirements to satisfy the U.S. Army Corps of
kngineers. The monitoring for this mitigation site can be closed out this year if the survival rate
i1f marsh vegetation continues. We believe .that this remediation work will not affect the overall
ccess of the site and should not affect the monitoring schedule. If you have anuestions
please contact M. Randall Turner at 252/482-7977 or Charles R. Cox, P.E., at 919/733-7844,
xt. 301.

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Sincerely,
p 6-. 'f"? i
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William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
WDG/cc
Cc: D.R. Conner, P.E., Division 1
Randy Wise, P.E., Roadside Environmental Unit

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. STA7Z
STATE oP NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION
.JAMES B. HUNT JR. 11.0. 130X 25201, RALEIGH, N.C. 27611-5201
GovERNOR
April 14, 1999
Mr. John Parker
Division of Coastal Management
NC Department of Environment and
Natural Resources
Post Office Box 27687
Raleigh, NC 27611-7687
Re: Duck Pond Mitigation Site, Dare County, TIP No
No. 199103389
Dcar Mr. Parker,
E. NORRIS TOLSON
SECRETARY
B-2301 - 30' ion ID
As you are aware, the Department has monitored the Duck Pond Mitigation Site
since 1996. Originally constructed in 1995, the site consists of two waterfowl
impoundments and encompasses approximately 5.6 acres. This site mitigates for both the
construction of a terminal groin as well as improvements to US 64/ 264.
The Duck Pond site was planted with marsh grasses in July 1995. There were no
monitoring plots established; success criteria was based on a 50 percent survival of the
planted species after two years and a 50 percent aerial coverage by all species after two
years. In 1996, there was an 85 percent coverage of planted vegetation around the two
ponds- vegetation monitoring in 1997 indicated a 75 percent coverage. Monitoring in
1998 also yielded a 75 percent coverage of the entire site with the planted species, well
above the original success criteria.
As per the 1998 Annual Monitoring Report for the mitigation site, NCDOT
recommends discontinuing any further monitoring activities. The Duck Pond mitigation
site has met the success criteria discussed in the August 1991 Mitigation Proposal and
referenced in the March 4, 1992 permit.

If you have any questions about what has been presented, please contact Phil
IIa-ris, Natural Systems Unit Head, at [phone]. Thank you for your continued
support and cooperation.
Sincerely,
lf? 141
V. Charles Bruton, Ph.D.
Assistant Branch Manager,
Project Development and
Environmental Analysis Branch
cc: Mr. David Franklin, USACE
Mr. Mike Bell, USACE
Ms. Kelly Williams, NCDCM
Mr. John Dorney, NCDWQ
Mr. David Cox, NCWRC
Mr. Phil Ilarris,.PE, NCDOT

?1?+TERA1'`?'''V STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
December 23, 1998
Ms. Cyndi Bell
N.C. Department of Environment
And Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Ms. Bell:
Subject: 1998 Annual Monitoring Report for the Manns Harbor Mitigation Site,
Dare County
Please find enclosed the 1998 annual monitoring report for the Manns Harbor Mitigation
Site.
In January 1999, a representative of the Planning and Environmental Branch will contact
the recipients of each report in order to facilitate a discussion of the annual monitoring
reports.
If you have any questions prior to these discussions, please contact Phil Harris, Natural
Systems Unit, at [phone]. Thank you for your continued support and cooperation.
Sincerely,
?f (41L id,
V. Charles Bruton, Ph.D.,
Assistant Branch Manager
Planning and Environmental Branch
cc: Phil Harris, PE, Natural Systems Unit Head
David Franklin, USACOE
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I ANNUAL REPORT FOR 19,0 8
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Marnns Harbor
Mitigation Site
' Dare County
TIP # R-2304 &B-2301
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Prepared Bar:
' Natural Systems Unit
Planning and Environmental Branch
North Carolina Department of Transportation
' December 1998
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1.0 INTRODUCTION
1.1 Project Description
The site is located near the intersection of US 64 and US 264 in Dare County
(Figure 1). It is approximately 1.51 acres in size and consists of creation,
enhancement, and management of marsh grass species. The project is
designed to offset the impacts associated with R-2304 and B-2301.
1.2 Purpose
This report details the vegetation monitoring during 1998 at the Manns Harbor
Mitigation Site. Hydrologic monitoring was not required on this site.
1.3 Project History
Spring 1995
October 1996
September 1997
October 1998
Natural Colonization of Scirpus
Vegetation Monitoring (1 yr.)
Vegetation Monitoring (2 yr.)
Vegetation Monitoring (3 yr.)
1
?Fleetwo
a
FIGURE 1
SITE LOCATION MAP

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2.0 VEGETATION
2.1 Success Criteria
Success Criteria states that there must be 50% survival rate of planted species
and 50% area coverage of marsh vegetation.
2.2 Description of Species
The following species are targeted in the Wetland Restoration Area:
Scirpus robustus
Juncus roemerianus
2.3 Results of Vegetation Monitoring (3 year)
' No monitoring plots were established. Visual observation of site reveals that
Scirpus robustus and Juncus roemerianus are the predominant species within
the site. It is estimated by visual observation that these species have an aerial
' coverage of 95%. It is also estimated that the aerial coverage of Phragmites is
down to approximately 10%. The Phragmites continue to be treated on the site.
The existing Phragmites is showing signs of stress due to the herbicide
' applications.
The site looks good. Site has almost complete aerial coverage of Scripus
robustus and Juncus roemerianus. Silt fence has been removed from around
perimeter of the site in December, 1998.
' 2.4 Conclusions
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This site consists of approximately 1.5 acres, which was graded to the elevation
of the adjacent wetlands. Prior to planting, the site began to naturalize with
Scirpus robustus, a more desirable species, and no initial planting was done.
Scripus continues to naturally spread over the site and now covers roughly 95%
of the site. Continuing efforts have been made to control the Phragmites
infestation throughout this growing season.

3.0 OVERALL CONCLUSIONS/ RECOMMENDATIONS
' NCDOT will continue to monitor the Manns Harbor Mitigation Site in an effort to
control the Phragmites infestation on the site.

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APPENDIX A
SITE PHOTOS
u
? Mann's Harbor
1

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APPENDIX B
MONITORING PARTNERING MEETING MINUTES

?I

I JAMES B. HUNT J R.
GOVERNOR

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
- December 4, 1998
Dr. G. Wayne Wright, Chief
' Regulatory Branch
U.S. Army Corps of Engineers
' Post Office Box 1890
Wilmington, North Carolina 28402
E. NoRxis TOLSON
SECRETARY
' Dear Wayne:
Re: NCDOT/Resource Agency Partnering Meeting - Monitoring Guidelines
' A meeting was held on July 22, 1998 in the NCDOT Photogrammetry Conference
Room in Raleigh to discuss monitoring guidelines for the 1998 Annual Monitoring
' Reports. Please find attached a list of those in attendance and the meeting agenda.
Following introductions, Charles Bruton described the purpose of the meeting and
opened the floor to David Franklin for any opening comments. David said he looked
forward to resolving any previous discrepancies in the 1997 Annual Monitoring Reports
and discussing ways to better present monitoring results in this year's monitoring reports.
' Phil Harris moderated the meeting.
HYDROLOGIC MONITORING
NCDOT and the Corps agreed wetland mitigation sites must meet the guideline
for hydrology (1987 Manual) using consecutive days and not cumulative days of the
locally designated growing season. Wetland hydrology criteria in the 1987 Manual notes
that a site must be seasonally inundated or saturated (within 12 inches of the surface)
greater than 12.5 percent of the local growing season. NCDOT will re-evaluate the 1997
' monitoring data to reflect consecutive days rather than cumulative days of the growing
season.
Regarding monitoring well data, David wants to see compliance is met and that
the sites are working. Phil noted that NCDOT is taking a close look at recurring
problems associated with monitoring well installation and maintenance. In cases where
' hydrology was failing for a particular site, NCDOT would be unable to remediate the site
until the following year due to seasonal constraints and the necessity to collect specific
hydrographic information. In discussing what was considered to be hydrologic success,
I G)
David Franklin said the 1987 Manual was the official guideline. However, he went on to
suggest that the Corps would be interested to see a more detailed breakdown of the well
data and would not be opposed to hydrologic success based on a longer monitoring
period with less than a 12.5 % success criteria. He also mentioned well data that falls
below the 12 inch threshold may also be examined as a special case. Mike Bell suggested
' site remediation should occur now rather than waiting until December. NCDOT, in
coordination with the Corps, will identify unsuccessful sites and work together to
determine how the site is failing and the best remediation techniques to implement.
VEGETATION MONITORING ISSUES
Due to NCDOT's demand for hardwood seedlings there is a shortage of seedlings
this year and there was none available for remediation efforts. There is a minimum one
year lead time for ordering seedlings. In a situation on a site where the well data is good
but the vegetation is not successful the Corps stated they would review it on a site by site
basis. In cases of remediation, Charles said it was almost impossible to grade and plant a
site before the winter deadline.
Randy Wise requested an extension of the August/September time period to
' obtain the vegetation monitoring data for the sites. After discussing this issue, it was
agreed that the marsh sites would be evaluated in August and the hardwood sites could be
evaluated as late as October and November before leaf drop. The NCDOT will send a
' "blanket" letter to the Corps to modify all permits to reflect the revised vegetation
monitoring period. Phil mentioned that although there would be an extension of the
monitoring period for vegetation, monitoring reports would continue to be completed and
Randy said they often perform random site visits
the end of December
ted b
t
ib
di
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y
u
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s
throughout the year to see how vegetation is performing and would perform supplemental
planting if noted early enough in the growing season.
Ken Jolly asked who was responsible for downloading wells and did they look at
vegetation. Beth Smyre said the Geotechnical Unit downloaded well data and notified
her of any vegetation issues. The Corps requested that proposed remediation for
hydrology and vegetation be included in monitoring reports. NCDOT and the Corps will
' coordinate any remediation measures. Randy expressed their commitment to remediate
vegetation as soon as possible.
The discussion turned toward planted versus volunteer species. The Corps does
not want to see volunteer species included in survival rate calculations for planted
species. Randy noted the survival rate is set at 50% or higher. David wanted to make
sure that the sites meet the target species requirement in stems per acre, not a percentage
(except for older sites set up for percentage). David also wanted to see the distribution of
species planted and volunteer. Randy said it is often difficult to identify certain species
' during the first two years (several oak species often look alike as saplings). Generally it
is easier to differentiate the species by the third year. The Corps wanted to know if there
was a way to identify the planted species at planting. However, the planting procedure is
I

' so labor intensive now it would make it impossible to do so. The 50 foot by 50 foot
monitoring plots are chosen and staked in the field after planting has occurred. The
' Corps wants NCDOT to note the unwanted volunteer species and to identify possible
remediation to make sure these species do not dominate the site. The NCDOT and the
Corps agreed that the distribution of species is such that no species dominates more than
' 20 % of the distribution. Red maple and sweet gum are generally not to be planted to
insure good numbers of target species.
HYDROLOGIC SUCCESS CRITERIA
The incorporation of reference systems in determining success was discussed.
' David concluded that if a particular site failed under the 1987 Manual guidelines, then
NCDOT had the option of comparing site parameters to reference site parameters in
determining success. The purpose of reference systems was to allow NCDOT a second
' option in achieving success. The determination of a reference system with its success
criteria would need to be addressed in the mitigation plan. The use of the
hydrogeomorphic system (HGM) was also discussed. The Corps is not going to use
HGM as a reference system, but will probably look at it as a tool. There are no guidelines
out vet on HGM.
The use of 20-80 versus 30-70 probability graphs, as defined by WETS, was
discussed. These graphs compare the specific year rain data to the historical data for the
' mitigation site area. The NRCS and WETS use the 30-70 probability graphs and
NCDOT would like to use these as well. It was decided to use the 30-70 information and
to go to the nearest gage station as long as the source was cited. David determined that if
' a site's hydrology performs at 12.5%, then hydrologic success has been achieved. If a
site performs in the 5% to 12.5% range, then there is "marginal" hydrologic success. If
this trend continues, then the entire success criteria for the site will be reviewed.

get p ? ercentage for hydrological success should be included in the permit
The tar
es
and shown in the mitigation plan. The Corps will be willing to negotiate on the success
of the site, but include adequate information in the permit and the mitigation plan.
Charles Bruton suggested placing monitoring wells in the impacted wetland areas
to assess and compare to mitigation areas. David wanted to insure that the best
mitigation site attainable is created. David also asked that well performance be broken
' out in the report.
An interim report was given on Mud Creek. It was noted that wells placed in the
' reference wetland and wells placed in the created wetland were an inappropriate method
to determine hydrologic success because the difference in soil type, hydrology, and cover 1-1
' type.
Mike Bell discussed results of a workshop he attended on monitoring wells. He
also discussed the use of piezometers.

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There was no further discussion and the meeting adjourned. Please advise if you
have any questions regarding the meeting, minutes, or agenda.
Sincerely,
,4 aL X
V. Charles Bruton, Ph.D.
Assistant Branch Manager
Planning and Environmental Branch
VCB/el
Attachments

July 33, 1998-9:30 Q Century Center in Photographic Conference Room
NCDOT/Resource Agency Partnering Meeting to Discuss Monitoring Issues
AGENDA
Inirocluctions
Purpose & Goals of Alfeeling
Standardize the monitoring reports
11vclrologic Monitoring
Consecutive vs. Cumulative days
Data interpretation
Vugetation Monitoring Issues
Yianted vs. Voluntary ptant--
Monitoring timetrame
.Success Criteria
Geographical considerations
Reference systems
Amitoring Report Presentation
Text
Figures to be included
Tables
Photographs
Submittal dates
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? MITIGATION PROPOSAL
1
US 64/264 IMPROVEMENTS
' DARE COUNTY, NORTH CAROLINA
R-2304, B-2301
11

MITIGATION PROPOSAL
US 64/264 IMPROVEMENTS
DARE COUNTY, NORTH CAROLINA
B-2301
Prepared for
t The North Carolina Department of Transportation
Raleigh, North Carolina

By
t Environmental Services, Inc.
Raleigh, North Carolina
' In Association With
' Howard Needles Tammen & Bergendoff
Raleigh, North Carolina

August, 1991

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TABLE OF CONTENTS
LIST OF TABLES . . . . . . . . . . . . . . . . . . . . . . . . ii
LIST OF FIGURES . . . . . . . . . . . . . . . . . . . . . . .. ii
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . 1
EXISTING ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . 4
Community Patterns . . . . . . . . . . . . . . . . . . .. 4
Aquatic Resources . . . . . . . . . . . . . . . . . . . . 12
IMPACTS AND COMMITMENTS . . . . . . . . . . . . . . . . . . .. 14
Impacts . . . . . 14
Initial Mitigation Commitments .. 17
MITIGATION . . . . . . .. . . . . . . . . . . . . . . . 20
Mitigation Policy . . . . . . . . . . . . . . . . . . . . 20
Alternatives Analysis . . . . . . . . . . . . . . . . . . 22
Open Water Mitigation . . . . . . . . . . . . . . . . . . 24
Wetlands Mitigation . . . . . . . . . . . . . . . . . . . 26
PLANTING PLAN . . . . . . . . . . . . . . . . . . . . . . . .. 29
Site Specifications . . . . . . . . . . . . . . . . . . . 30
Total Mitigation Costs . . . . . . . . . . . . . . . . .. 31
MONITORING PLAN . . . . . . . . . . . . . . . . . . . . . . .. 32
REFERENCES CITED . . . . . . . . . . . . . . . . . . . . . . . 34
APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

ii
LIST OF TABLES
Table 1. Wetland Impacts . . . . . . . . . . . . . . . . . .. 16
LIST OF FIGURES
Figure 1. Site Location . . . . . . . . . . . . . . . . . . . 2
Figure 2-1 thru 2-6. Natural Resources . . . . . . . . . 5 - 10
Figure 3. WRC Boat Launching Facility . . . . . . . . . .. Pouch
Figure 4. Shellfish Bed Enhancement Sites . . . . . . . . . . 25
Figure 5. Mitigation Plan: Whalebone Junction . . . . . .. Pouch
Figure 6. Mitigation Plan: Mann's Harbor . . . . . . . . . Pouch
Figure 7. Mitigation Plan: Pea Island Wildlife Refuge . .. Pouch

t MITIGATION PROPOSAL
US 64/264 IMPROVEMENTS
' DARE COUNTY, NORTH CAROLINA
INTRODUCTION
' The North Carolina Department of Transportation (NCDOT) is in
' the process of completing plans for roadway improvements to US
64/264 between NC 345 near Manteo on Roanoke Island, and the
intersection of US 158/NC 12 at Whalebone Junction in Nags Head,
' Dare County (Figure 1). Roadway expansion is part of a two-phased
construction plan for this segment of coastal highway and
' intermediate bridges. The antiquated swing span drawbridge over
the Roanoke Sound (Washington Baum Bridge No. 12) was recently
' replaced with a new four lane, fixed span facility as part of the
t first construction phase. Current plans call for widening the
existing two-lane approaches on either end of the new bridge to
four and five lanes for a total distance of approximately 2.1
miles. In addition, the 345-ft. Melvin Daniel Bridge (Bridge No.
' 14), which spans an interruption in the US 64/264 causeway across
the Sound, will be replaced.
' An Environmental Assessment (EA) report and subsequent Finding
' of No Significant Impact (FONSI) was approved by the Federal
Highway Administration in November, 1986 (NCDOT, 1986). However,
' roadway design modifications have necessitated that a re-evaluation
of expected wetland impacts and associated mitigation commitments
be undertaken. In addition, the N.C. Wildlife Resources Commission

EXISTING ENVIRONMENT
' Community Patterns
Detailed descriptions of biotic communities along the US
64/264 alignment can be found in the 1986 Environmental Assessment
report (NCDOT, 1986). Twenty (20) community profiles were
initially delineated and mapped. Recent efforts were undertaken
' to re-define those areas in the immediate vicinity of the project
alignment, with special emphasis on wetlands subject to COE and
' CAMA jurisdiction. Communities are shown in Figures 2-1 thru 2-6.
' The corridor has been described as containing "a mixture of
developed land, pine pocosin, coastal wetlands, and estuarine
' waters" (NCDOT, 1986). The latter two categories have been
designated as Areas of Environmental Concern (AECs) by the N.C.
Coastal Resources Commission (G.S. G.S. 113A-113).
Black needlerush (Juncus roemerianus) marsh is the most
prevalent community type along most of the alignment. These
systems are characterized by the dominance of a single species
(black needlerush), interspersed with occasional specimens of giant
cordgrass (Spartina cynosuroides) and wax myrtle (Myrica cerifera).
' Sea-myrtle (Baccharis halimifolia), marsh elder (Iva frutescens),
wax myrtle, salt grass (Distichlis spicata), and smooth cordgrass
' (Spartina alterniflora) become more prevalent on spoil banks of
slight elevational grade bordering roadside canals. Black
needlerush marshes are classified as estuarine, emergent wetlands
1 (Cowardin et al., 1979).

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A number of small pine hummocks are scattered throughout the
marsh, fringed by island-marsh ecotonal vegetation. Dominant
species include pond pine (Pinus serotina), loblolly pine (Pinus
taeda), live 'oak (Quercus virginiana), yaupon (Ilex vomitoria),
bays (Persea borbonia and Magnolia virginiana), and black gum
(Nyssa sylvatica). Transitional growth of wax myrtle, marsh elder,
sea-myrtle, dwarf sumac (Rhus copallina), and fimbristylis
(Fimbristylis spadicea) occurs between the tree line and
surrounding marsh. Pine hummocks in the project vicinity are
classified as estuarine, forested wetlands under the Cowardin
classification system (1979).
Dense thickets of maritime shrubs are common along roadside
margins, often growing on transitional gradients extending to the
edge of surrounding marshes. Wax myrtle, yaupon, sea-myrtle, bays,
and black cherry (Prunus serotina) are interlaced with greenbrier
(Smilax auriculata). Patches of giant cordgrass, cattail (Typha
latifolia), and saw grass (Cladium iamaicense) may occur at lower
elevations bordering the marsh. Maritime shrub thickets growing
on upper limits of the highway right-of-way are considered uplands;
however, shrub communities along lower portions of the ecotonal
gradient are classified as estuarine, shrub-scrub wetlands
(Cowardin et al., 1979).
High ground sites are at a premium in the immediate vicinity
of the project. Available uplands not subjected to tidal
inundation have largely been developed. However, a series of
dredged material islands extend along the western side of Roanoke

12
Sound, created from excavated sediments taken from the navigational
channel. Natural recruitment is sporadic, consisting of scattered
' sea-myrtle, wax myrtle, sumac, and red cedar (Juniperus
' virginiana). Understory development is characterized by growth of
a variety of herbs and grasses including salt meadow cordgrass
1 (Spartina patens), panic grass (Panicum spp.), fleabane (Erigeron
canadensis), and similar species.
Another high ground spoil area is situated at the intersection
' of NC 345 and US 64/264 in the northwest project quadrant. The
1986 EA/FONSI described this site as a diked containment consisting

1

1

of fine sediments, lacking established vegetation. Recent surveys
indicate that the land is stabilized, and currently supports
successional vegetation similar to the dredged material islands.
Auuatic Resources
Roanoke Sound and associated tributaries are productive
estuarine systems, providing habitat to a variety of marine
organisms and other dependent species. The Sound functions as an
invaluable secondary nursery and protective haven for brown and
pink shrimp, as well as many species of marine finfish such as
spot, croaker, weakfish, and flounder. In addition, a number of
anadromous species including striped bass, river herring, american
shad, and hickory shad migrate through Roanoke Sound to and from
freshwater tributaries of the Albamarle Sound.
A review of recent catch per unit effort data provided by the
DMF (sampling data 1983-1990) from sampling stations in the

' 13
' immediate vicinity of the Roanoke Sound bridge indicates that
fisheries diversity has changed little from what was reported in
' the 1986 EA/FONSI. Anchovies continue to make up a significant
component of the catch, followed by spot, croaker, and smaller
percentages of other finfish.
' The Sound also serves as an important nursery area for blue
crab. DMF catch per unit effort data show that blue crabs are a
consistently dominant resource. A significant crab pot fishery is
' established in the vicinity of the Roanoke Sound bridge- (NCDOT"
1986). It appears that short term construction impacts associated
' with bridge replacement have had little effect on blue crab
resources in the vicinity of the project.
Although the Sound is capable of supporting a viable oyster
fishery, pollution, human disturbances, and overfishing have had
negative impacts on local oyster populations in recent years. In
' 1990, oyster cultch was planted around pilings 22-25 of Bridge No.
12 in order to enhance and create additional oyster producing
' habitat. Cultch plantings require two to three years to begin
producing marketable oysters; once established, these- created
' oyster beds can continue producing for periods of five years or
' longer (Mike Marshall, DMF, pers. com.). Although the success of
the DMF plantings cannot be determined at the present time,
' preliminary indications are that natural recruitment of spat is
occurring (Beth Burns, DMF, pers. com).
i

14
IMPACTS AND COMMITMENTS
' Impacts
During initial planning for the bridge and roadway approaches,
the NCDOT recognized that approximately 5.3 acres of wetlands would
' be impacted as a result of construction: 2.5 acres affected by
Phase I bridge replacement, and 2.8 acres lost as a result of Phase
II roadway improvements (NCDOT permit application, January 15,
1987). Additional disturbances would occur from dredging of a 100-
ft. wide channel through Roanoke Sound for construction access,
and construction of a haul road for transport of materials to a
nearby spoil disposal site requiring the temporary placement of
fill in wetlands. The haul road was later deemed unnecessary.
Permits and certifications were issued in 1987 allowing the first
phase of the project to proceed (see CAMA Permit No. 79-87; Water
Quality Certification No. 2039; COE letter of April 22, 1987
authorizing construction under General Permit No. SAWCO80-N-000-
' 0291).
Project impacts on wetlands and open water systems were re-
evaluated in February, 1991. Available aerial photography (dated
1 July 16, 1986), environmental studies performed for the 1986
EA/FONSI, NCDOT roadway design plans, submitted permit plats of the
proposed Phase I bridge project, and proposed site plans for the
WRC boat ramp facility (Figure 3) were consulted to determine pre-
construction wetland limits and anticipated areas of encroachment
' resulting from NCDOT improvements (Phase I and II activities), and

1

15
proposed WRC boat ramp/access road construction. Total takings
have been estimated at 10.52 acres (Table 1).
Approximately 5,375 linear feet (3.76 acres) of open water
channel parallelling eastbound lanes of US 64/264 from the
intersection of NC 345 to the new bridge will be impacted by Phase
' II NCDOT construction (Table 1). Man made channels, approximately
25 feet in width and 6 feet deep, occur on both sides of the
existing alignment, bordered by large expanses of black needlerush
' marsh. Avoidance is impossible if proposed improvements are to be
implemented.
The NCDOT recognizes and respects traditional uses of the
canals by boaters and fishermen. In order to allow for continued
access and use, approximately 1,500 linear feet of channel near the
proposed boat ramp will be left open (from a point opposite Pirates
Cove Marina to the Sound).
Isolated segments of fringing marsh and maritime shrub
wetlands near terminal ends of the new bridge have already been
affected by Phase I construction. Additional losses will occur
along roadway approaches during Phase II widening. Impacts
attributed to NCDOT improvements (Phase L and II) include 3.01
acres of shrub wetlands, and 1.39 acres of black needlerush marsh
(Table 1). In addition, a small pocket of pine flatwoods (0.12
acres) will be impacted by widening of the US 64/264 approaches
immediately east of the NC 345 intersection (Figure 2-1; Table 1).

t
t
t
16
Table 1
Wetland Impacts
US 64/264 Improvements
(in acres)
NCDOT WRC WRC
Wetland Type Proiect Access Road Boat Ramp Total
Black needlerush marsh 1.39 0.65 0.70 2.74
Maritime shrub thicket 3.01 ---- 0.52 3.53
Pine flatwoods 0.12
------- ----
------ ----
------ 0.12
-----
WETLANDS IMPACTED 4.52 0.65 1.22 6.39
Open water impacted 3.76 0.29 0.27 4.32
Open water created ----
------- ----
------- 0.19
------ 0.19
-----
NET TOTAL IMPACTS 8.28 0.94 1.30 10.52

17
The proposed WRC boating facility will be constructed on
approximately 3 acres of land in the southwest corner of the new
' bridge (Figure 3). This former construction staging area -consists
of a mixture of disturbed wetlands, open water sloughs, and spoil
high ground. Because of recent disturbances, wetland community
' patterns are virtually indistinguishable. However, by
superimposing site plans for the boat ramp over earlier
1 photography, it was determined that approximately 1.22 acres of
wetlands (0.70 acres of former marsh, 0.52 acres of former shrub
thicket; Table 1) will be taken by development. A small finger
' canal (0.27 acres) extending into the interior of the site from the
Sound will be filled during the process; however, removal of a
construction docking terminal will create 0.19 acres of open water
habitat. Net loss of open water habitat has been estimated at 0.08
acres. Construction of a new access road specifically designed to
service this facility will result in additional losses (0.94
acres). A total of 2.24 acres of wetland/open water impacts are
attributed to the boating facility (Table 1).
1 Initial Mitigation Commitments
1 Compensatory mitigation for all unavoidable wetland/open water
losses caused by bridge and roadway construction was addressed in
the 1986 EA and subsequent permit application for replacement of
the Roanoke Sound bridge (NCDOT permit application dated January
19, 1987). Compensation was to be provided through: a) removal of
portions of an old roadbed embankment at the west end of Bridge No.

18
12 (0.86 acres); b) creation of new wetlands within right-of-way
limits, or on properties acquired in the general vicinity of the
' project; c) restoration, of impacted wetlands at the construction
staging area; and d) construction of new canals adjacent to
impacted waterways. Commitments were made and approved for 1.1
' mitigation replacement.
Whalebone Junction was selected as the primary site for
proposed wetland creation. Approximately 3.80 acres was assumed
available for ameliorative purposes (Bruton memo, 2/23/87).
Portions of the staging area in the southwest bridge quadrant were
' later acquired by NCDOT to supplement mitigation needs (1.03
acres).
A number of factors dictated the need for changes in
mitigation strategy. Roadway modifications at the eastern end of
the proposed alignment reduced the potential availability of
Whalebone Junction as a viable mitigation site. At present,
approximately 0.90 acres in interior reaches of the new interchange
r can be used for amelioration.
Development of the WRC public boat ramp will require that the
staging area be removed from mitigation consideration. Disturbed
1 wetlands and an open water slough which would have been restored
after construction (1.49 acres) will now be utilized for parking
and associated amenities. Likewise, commitments by the NCDOT to
remove fill at the old bridge abutment to allow for wetland
creation must be abdicated (0.86 acres).

19
Finally, NCDOT roadway plans have been modified to eliminate
construction of replacement canals along the eastbound lanes of US
64/264 between the juncture of NC 345 and the bridge. It was
unclear after reviewing earlier documentation as to whether or not
consideration had been given to the net loss of stable, black
' needlerush marsh which would have resulted from adjacent
replacement. Essentially, the impacts would not have been
mitigated, but transferred to a different community type. In
addition, relocation of existing utilities would be required if new
canals were constructed, resulting in additional project expense
1 ($500,000.00+). After reviewing these considerations with various
resource personnel, it was decided that an alternative mitigation
strategy would be developed to compensate for all open water losses
(4.13 acres).

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MITIGATION
Mitigation Policy
Mitigation for wetland/open water losses caused by NCDOT/WRC
construction is recommended in accordance with Section 404(b)(1)
Guidelines of the Clean Water Act (40 CFR 230), mitigation policy
mandates articulated in the recent COE/EPA Memorandum of Agreement
(MOA; Page and Wilcher, 1990), Executive Order 11990 (42 FR 26961
(1977)), FWS mitigation policy directives (46 FR 7644-7663 (1981)),
CAMA mitigation policy guidelines (T15A NCAC 7M.0701 et seq), WRC
Policies and Guidelines for Conservation of Wetlands and Aquatic
Habitats (WRC, 1988), and Federal Highway Administration (FHWA)
stepdown procedures (23 CFR 777.1-777.11). Mitigation has been
defined in NEPA regulations to include efforts which: a) avoid; b)
minimize; c) rectify; d) reduce or eliminate; or e) compensate for
adverse impacts to the environment (40 CFR 1508.20 (a-e)).
Section 404(b)(1) Guidelines, the COE/EPA MOA, and Executive
Order 11990, stress avoidance and minimization as_ primary
considerations for protection of "waters of the United States."
Practicable alternatives must be fully evaluated before
compensatory mitigation can be discussed.
U.S. Fish and Wildlife Service policy also emphasizes
avoidance and minimization. However, for unavoidable losses, the
FWS recommends that mitigation efforts be correlated with value and
scarcity of the habitat at risk. Habitat is classified into four
Resource Categories based on decreasing importance and value, with

21
subsequent decreases in mitigation planning objectives (46 FR 7657-
7658). Most wetlands in the project vicinity would be considered
' Resource Category 2 (marshes and pine flatwoods, high value) or 3
(shrub wetlands, high to medium value) under the FWS system,
requiring a mitigation goal of no net loss of habitat (compensation
' through replacement of lost habitat value). WRC mitigation
guidelines (WRC, 1988) essentially reflect FWS policy with respect
to wetland categorizations and replacement priorities.
CAMA mitigation policy requires the protection and maintenance
of coastal ecosystems through mitigation of adverse impacts by
' "enhancing, creating, or restoring areas with the goal of improving
or maintaining ecosystem function and areal proportion" (T15A NCAC
7M.0701). Projects may be approved for mitigation based upon a
number of reasons including: water dependency, lack of reasonable
alternatives, and derived public benefits (T15A NCAC 7M.0703).
1 FHWA policy stresses that all practicable measures should be
taken to avoid or minimize harm to wetlands which will be affected
by federally funded highway construction. A sequencing (stepdown)
procedure is recommended in the event that avoidance is impossible.
First, consideration must be given to providing for mitigation
' within highway right-of-way limits, generally through enhancement,
restoration, or creation. Mitigation employed outside of the
i highway right-of-way must be reviewed and approved on a case-by-
case basis. Measures should be designed "to reestablish, to the
extent reasonable, a condition similar to that which would have
existed if the project were not built" (23 CFR 777.9(b)).

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Alternatives analysis
Various roadway/bridge alignments were addressed in the 1986
' EA/FONSI. Four alternatives were considered for replacement of
Bridge No. 12, including a "no build" alternative; proposed roadway
improvements were common to all bridge replacement options. The
' preferred alignment was selected because of: 1) "comparatively
nominal environmental effects"; 2) low number of permanent
relocatees; 3) cost; 4) fewer utility conflicts; and 5)
navigational advantages (NCDOT, 1986).
Avoidance is not a logical solution to eliminating impacts
1 associated with this project. Phase II NCDOT actions will involve
widening of an existing highway corridor; re-alignment alternatives
would result in significantly greater impacts to natural
communities - both wetland and upland. In addition, recent
completion of the Roanoke Sound Bridge has presented NCDOT with a
' traffic safety concern; 2-lane approaches provide service to a new
4-lane bridge causing subsequent restrictions in traffic flow.
Additional improvements are considered justified.
The site for the WRC boat ramp represents a logical location
for water dependent activities. The scarcity of high ground sites
adjacent to open water, the exorbitant costs associated with
property acquisition (see discussion below), and the demand for
public boating facilities in the Manteo area contributed to the
decision for facility placement. The general physiographic nature
of the Dare County coastal province suggests that total avoidance

1

23
of wetlands may be impossible if a boating facility is to be sited
along a coastal shoreline.
Minimization efforts have been utilized whenever possible.
The NCDOT will restrict expansion of the western approaches to the
south side of existing US 64/264 in order to avoid impacting
' wetlands on both sides of the highway. Fill slopes will be
confined to the outer limits of existing canals, requiring minimal
' encroachment into adjacent marsh communities. Symmetrical and
asymmetrical widening will be utilized on approaches east of the
bridge in order to reduce wetland takings. Right-of-way slopes
' have been steepened whenever possible to minimize encroachment.
The WRC boat ramp and associated amenities will be confined
to the former staging area in the southwest quadrant of the new
bridge. Wetlands impacted by this facility are highly disturbed,
currently providing minimal resource value. Although additional
' encroachment will occur into the adjacent ca nal and fringing marsh
as a result of the new access road (0.94 acres), actual
construction of the boating facility will not extend beyond the
boundaries of the staging area.
Compensatory mitigation is proposed for all unavoidable
' wetland/open water losses associated with the two projects.
Primary consideration has been given to in-kind, on-site
replacement, whenever possible; in-kind, off-site mitigation
received second priority; off-site, out-of-kind mitigation is
' recommended as a last resort. In all cases, replacement of lost
functions and values is considered paramount.

II
24
Open Water Mitigation
Virtually all of the open water losses (4.13 acres) associated
with this project will occur within constructed canals bordering
eastbound lanes of US 64/264 between the NC 345 intersection and
the new bridge (remnant losses will occur at the boat ramp site).
' Initial commitments to replace these channels in marsh communities
adjacent to the roadway have been re-evaluated.
The NCDOT proposes the implementation of shellfish bed
' enhancement measures as mitigation for unavoidable takings. Close
coordination with the DMF has already been initiated to develop a JX"
plan of action for creation of 8.26 acres of oyster producing
habitat in the Roanoke Sound" (see Mike Marshall, DMF memo,
' 4/15/91, in Appendix). A combination of seed oyster relaying and
cultch planting will be utilized. The DMF has selected a number
of potential sites in the Roanoke Sound where enhancement efforts
' can be concentrated (Figure 4). Open water mitigation will be
undertaken on a 2:1 basis in an effort to fully compensate for lost
r functions and values of impacted aquatic systems. The NCDOT will
provide monetary compensation for implementation of these measures
(estimated at $39,235.00) as well as additional manpower,
' transportation, and support, as requested by the DMF.
-----------------------------------------------------------------
Acreage and cost estimates in the Marshall memo have been
expanded - with approval from DMF - to provide full 2:1 mitigation
for all open water takings.
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Wetlands Mitigation
Planned impr1ovements will result in unavoidable adverse
..__ : - I
impacts to? 9 acres of wetlands along the existing US 64/264
alignment. In an effort to provide full compensation for all
losses, a number of sites and mitigation strategies were
considered. However, alternatives were constrained by a number of
factors including site availability, cost, and the uncertainty of
' derived gains in resource value. Although eight sites were
evaluated, three sites have been selected for creation or
restoration. The NCDOT proposes to provide compensation for all
' wetland losses on an acre-for-acre basis, in keeping with
commitments stipulated in the 1986 EA/FONSI.
Considered Sites
' 1. Filling and spoil deposition has created several acres
of contiguous uplands bordering US 64/264 near the
intersection of NC 345. Because this privately owned
tract abruptly grades into open expanses of black
needlerush marsh, opportunities are potentially available
for creation of wetlands adjacent to US 64/264. However,
the NCDOT recently acquired a 17-ft wide strip of this
land for right-of-way at a cost of $5.00/sq. ft., or
$217,800 per acre. This site is considered cost
prohibitive for mitigation purposes.
' 2. A number of spoil islands, collectively known as the
"Carolina Cays" are situated along western margins of
Roanoke Sound near the bridge. These islands could
' potentially be graded and planted to create additional
estuarine wetlands. However, the Cays are privately
owned, and a sales contract is currently being negotiated
which will allow for residential /resort development on
the islands. Although acquisition costs were not made
available by the Dare County investment group acquiring
the properties, indications were given that $200,000/acre
would not be considered unreasonable. These islands are:
1) unavailable for acquisition, and 2) cost prohibitive
for mitigation consideration.
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' 3. Several small, isolated pine hummocks are scattered
throughout the black needlerush marsh on slight
elevational rises in the immediate vicinity of the
project corridor. Although limited in size and
distribution, these systems provide habitat diversity and
variety in a monocultural environment. In spite of
elevational differentiation from the surrounding marsh,
most of these sites are expected to exhibit wetland
characteristics. Pine hummocks were eliminated from
mitigation consideration based on wetland concerns,
isolated access, potential disruptions to existing
habitat, and unrealized gains in resource value derived
from modification.
4. The U.S. Fish and Wildlife Service has offered a diked
impoundment in the Alligator Wildlife Refuge for
potential mitigation use. The dike is approximately 17
' feet in width and raised 2-3 feet above surrounding
maritime shrub wetlands (wax myrtle, marsh elder, sea
myrtle, etc.). The site is isolated with poor access.
' Preliminary calculations indicate that approximately 2
acres could be graded to wetland elevation and planted
for mitigation. However, NCDOT Division personnel
determined that site preparation (grading and removal of
' spoil) expenses may exceed $75,000/acre, exclusive of
planting costs. This site was eliminated from mitigation
consideration because of site preparation costs, and
negligible gains in resource value which would be derived
from modification.
5. The Town of Manteo has offered property at the town's
' sewage treatment facility for mitigation use.
Approximately 5+ acres which currently constitute the
facility's aerator beds will soon be abandoned to make
' way for a new and larger treatment plant. The site is
located inland, surrounded by pine woodlands. Although
the aerator beds could conceivably be graded and planted
' with hydrophytic species, extensive clearing and grading
would be required. Out-of-kind wetland replacement would
be realized. This site was eliminated from consideration
because of potential site preparation costs, and
' questionable gains in mitigation value derived from out-
of-kind replacement.

Selected Sites
1. Whalebone Junction. Approximately 0.90 acres in interior
reaches of the interchange at Whalebone Junction will be
graded and planted with a mixture of wax myrtle, yaupon,
and sea-myrtle. Elevations will correspond to
' topographic levels noted in shrub wetlands adjacent to
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the existing alignment (approximately 3' MHW). This
action will provide in-kind, on-site compensation for
approximately 21% of the maritime shrub impacts
attributed to NCDOT/WRC construction.
2. Mann's Harbor. An upland spoil area, approximately 1.51
acres in size, is located adjacent to SR 1105 near the
entrance to the NCDOT port facility at Mann's Harbor.
Created in the early 1980s during construction of the
ferry docking terminal, this property is currently used
for storage of construction spoil and overflow parking.
The site abuts a black needlerush/saw grass marsh,
providing excellent opportunities for re-establishment
of similar habitat on spoil lands. The NCDOT proposes
to grade the area to surrounding marsh elevations and
plant with a 50:50 mix of Juncus and Cladium. In-kind,
off-site replacement for approximately 55% of the black
needlerush marsh losses will be realized at this site.
3. Pea Island National Wildlife Refuge - waterfowi
impoundments. The NCDOT recently constructed two
waterfowl impoundments on the Pea Island Refuge near
Rodanthe as mitigation for previous highway projects.
The ponds are currently in early stages of succession,
surrounded by wide zones of sparsely vegetated sand. The
FWS has offered 5.58 acres (4.89 acres around the
northernmost impoundment and 0.69 acres around the small
southernmost pond) for potential mitigation. However,
1.6 acres have been prioritized for mitigation associated
with wetland losses caused by construction of the groin
at Bonner Bridge, leaving 3.98 acres for US 64/264
amelioration. The NCDOT, under the direction of FWS
Refuge staff, intends to construct a gentle gradient
extending from existing pond margins out to surrounding
shrub thickets in a circular pattern around the
impoundment, allowing for ground water saturation and
periodic inundation. Graded areas will be planted with
Scirpus robustus which will serve as ground cover and
function as a potential food resource for waterfowl.
' Although the Pea Island site represents off-site, out-
of-kind mitigation, it is believed that derived gains in
wetland functions and values generated through creation
' of emergent wetlands around the impoundments will more
than compensate for the loss of wetland resources
adjacent to the US 64/264 alignment. This site is
intended as amelioration for unmitigated takings of black
' needlerush marsh (45% or 1.23 acres), maritime shrub
wetlands (75% or 2.63 acres), and remnant pine flatwood
wetlands (100% or 0.12 acres).

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PLANTING PLAN
Site plans and mitigation planting schemes for the three
proposed wetland mitigation properties (Whalebone Junction, Mann's
Harbor, and Pea Island Refuge) are shown in Figures 5, 6, 7.
Labor and materials for grading, site preparation work, and
planting will be provided by the NCDOT. At the Pea Island site,
state forces will be under the direction of FWS personnel to insure
that appropriate grade elevations have been achieved, and correct
planting procedures utilized. Site work at Whalebone Junction and
Mann's Harbor will be supervised by the NCDOT Roadside
Environmental Unit (formerly known as the NCDOT Landscape Unit),
with assistance from the NCDOT Planning & Environmental Branch.
Plant materials will come from nursery stock, acquired from
local suppliers. Bulrush sprigs utilized at Pea Island will be
planted on 3' centers over the approved mitigation area, as
recommended by FWS Refuge personnel. Saw grass and black
needlerush sprigs will be planted on 2' centers at the Mann's
Harbor site. Shrub vegetation (1 gallon container plants)
transplanted at Whalebone Junction will be placed randomly
throughout the 0.90 acre mitigation area (average: 10' centers).
Osmocote slow release fertilizer (14-14-14) will be placed in the
transplant hole of all species at the rate of 1 ounce per plant at
the time of planting. Transplantation will take place between
March and early June, allowing plants to stabilize and set root
during the spring growing season.

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Site Specifications
Whalebone Junction
Acreage: 0.90 acres
Action: Creation, shrub-scrub wetlands
Plants: Wax myrtle (Myrica cerifera)
Sea-myrtle (Baccharis hamifolia)
Yaupon (Ilex vomitoria)
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' Planting scheme: Mixture of wax myrtle, sea-myrtle,
and yaupon planted randomly (average
10' centers). Total plants: 392.
Each plant will receive a side
dressing of 14-14-14 Osmocote
fertilizer at time of planting.

1

Costs:
Plants: $6.00/plant . . . . . . $2,352.00
Fertilizer: 1 ounce/plant
$45/fifty pound bag . . . . .. $45.00
Labor (NCDOT): $1,000/acre . . . $900.00
Grading/site prep (NCDOT):
$2,000/acre . . . . . . . . .. $1,800.00
Total: $5,097.00
NCDOT Mann's Harbor
' Acreage: 1.51 acres
Action: Creation/ restoration, emergent, brackish water
marsh
Plants: Black needlerush (Juncus roemerianus)
Sawgrass (Cladium jaimensense)

' Planting scheme: 16,445 plants. 50:50 scattered mix
of black needlerush and sawgrass
planted on 2' centers. Each plant
will receive a side dressing of 14-
14-14 Osmocote fertilizer at time of
planting.
Costs:
Plants: $.40/plant . . . . $6,578.00
Fertilizer: 1 ounce/plant
$45/fifty pound bag . . . . . $945.00
' Labor (NCDOT): $1,000/acre .. $1,510.00
Grading/site prep (NCDOT):
$2,000/acre . . . . . . . . . $3,020.00
'
Total: $12,053.00

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' Pea Island National Wildlife Refuge - Waterfowl
Impoundments
Acreage: 3.98 acres for US 64/264 mitigation
1.60 acres for terminal groin mitigation
' 5.58 total acres
Action: Creation, emergent, freshwater/brackish
wetlands
Plants: Bulrush (Scirpus robustus)
Planting scheme: 27,007 plants planted on 3'
centers. Each plant will receive
a side dressing of 14-14-14 Osmocote
fertilizer at time of installation.
' Costs:
Plants: $0.40/plant . . . . . $10,802.80
Fertilizer: 1 ounce/plant
$45/fifty pound bag . . . . . $1,530.00
' Labor (NCDOT): $1,000/acre .. $5,580.00
Grading/site prep (NCDOT):
$2,000/acre . . . . . . . .. $11,160.00
Total: $29,072.80
Cost attributed to US 64/264 mitigation: 70% _ $20,350.96
Cost attributed to terminal groin mitigation: 30% _ $8,721.84
1
Total Mitigation Costs
' Mitigation costs for each site and phase of the US 64/264 plan
' have been detailed in the above referenced discussions. The
following is a synopsis of mitigation costs associated with this
effort:
Open water mitigation $39,235.00
Wetland mitigation $46,222.80
' TOTAL $85,457.00

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1 MONITORING PLAN
1 The NCDOT proposes the following monitoring strategy for the
three wetland mitigation sites where creation/restoration efforts 1
1 ,(}^
will be undertaken: 0c- I
/
1 1. Monitoring will be conducted over a two year period by
NCDOT's Roadside Environmental Unit. The NCDOT will
coordinate with FWS Pea Island National Wildlife Refuge
1 personnel to determine monitoring responsibility and
accessibility at the waterfowl impoundments.
1 2. Sites will be inspected prior to planting (PP), at
planting time (AP), within one (1) month after planting
(1 MO), one (1) year following planting (1 YR), and two
(2) years following planting (2 YR). The following data
1 will be collected at specified times:
Proper elevation and grade PP
1 Soil test PP, 1 MO, 1 YR, 2 YR
Acceptable plant species/quality AP
Proper planting methods/spacing AP
1 Survival rate (estimated %) 1 MO, 1 YR
Approximate height of plants 1 MO, 1 YR, 2 YR
Site photographs, selected views 1 MO, 1 YR, 2 YR
Areal coverage (estimated %) 1 YR, 2 YR
- Planted species
Planted species + natural succession
1 3. All species planted will be monitored for survival and
areal coverage. During the monitoring interval, remedial
action will be considered, if needed.
1 4. Creation success will be based on: a) survival of
the planted species after two years, and b) 0 A eal
coverage by all species after a two year peri
1 5. In the event that these two conditions are not met,
consultation will be held among staff of NCDOT Planning
1 and Environmental Branch, NCDOT Roadside Environmental
Unit, the N.C. Division of Coastal Management, the Corps
of Engineers, Wilmington District, the U.S. Fish and
Wildlife Service, and other federal review agencies.
' Monitoring criteria will be evaluated, and necessary
recourse actions will be considered.
Dom.
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' Sample forms which will be used for wetland monitoring can be
found in the Appendix.
' Monitoring of shellfish bed enhancement sites and the
' establishment of success criteria will be the responsibility of the
DMF. The NCDOT will provide assistance as requested, and will
' report findings to appropriate permit review agencies.

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' REFERENCES CITED
' Cowardin, Lewis M., Virginia Carter, Francis C. Golet, and Edward
T. LaRoe. 1979. Classification of wetlands and deepwater
habitats of the United States. FWS/OBS-79/31. U.S. Fish and
Wildlife Service, U.S. Department of the Interior, Washington,
D.C. 131 pp.
North Carolina Department of Transportation (NCDOT). 1986.
t Proposed replacement of Bridge No. 12 over Roanoke Sound, US
64/264 Dare County. State Project No. 8.1050701(B-2023).
Federal Aid Project BRF-36-4(19) and F36-4. Environmental
' Assessment/Finding of No Significant Impact. Raleigh, N.C.
North Carolina Wildlife Resources Commission (WRC). 1988.
' Policies and Guidelines for Conservation of Wetlands and
Aquatic Habitats. Raleigh, N.C. 57 pp.
Page, Robert W. and Laiuana S. Wilcher. 1990. Memorandum of
' agreement between the Environmental Protection Agency and the
Department of the Army concerning the determination of
mitigation under the Clean Water Act Section 404(b)(1)
guidelines. Washington, D.C. 6 pp.

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APPENDIX
35
' Mike Marshall, DMF, memorandum on creation of oyster
bed enhancement
NCDOT wetland monitoring evaluation forms
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% . d o-
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Marine Fisheries
P.O. Box 769 • Morehead City, North Carolina 28557-0769
James G. Martin, Governor
William W. Cobey, Jr., Secretary
MEMORANDUM
TO: Jerry McCrain
FROM: Mike Marshall rnVIII.-
DATE: April 15, 1991
William T. Hogarth, Director
[phone]
SUBJECT: Mitigation of Habitat Loss thru Oyster Propagation
The creation of 7 acres of oyster producing habitat to mitigate the
loss of open water habitat due to the replacement of the Washington-Baum
Bridge over Roanoke Sound can best be accomplished through a combination
of seed oyster relaying and cultch planting. Seed oysters relayed to
productive growing areas begin entering the fishery approximately one
year after transplanting and planted areas may remain productive for
three to five years depending on harvest pressure. Cultch plantings
require two to three years to begin producing marketable oysters and
continue producing for periods of five years or longer. By utilizing
both methods oyster resources can be provided during the first year
through seed oyster relaying while more long lasting resources are being
established through cultch planting.
Due to the limited time available for cultch planting during the May
thru August oyster spawning season and the commitment to use the Oyster
Rehabilitation vessels in other areas during the same time span, it is
anticipated it will require two years of rehabilitation effort to bring
the seven acres into production. Approximately 6,000 bushels of viable
seed oysters can be relocated each year in addition to other activities.
An Equal Opportunity Affirmative Action Employer
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At the normal planting rate of 3,000 bushels per acre, this will
establish four acres of oyster habitat over the two year period. The
remaining three acres would be planted with approximately 15,000 bushels
of cultch material. The additional three acres can be planted at 5,000
bushels per acre while still maintaining current activities.
Rehabilitation efforts will be located in areas identified by local
' fishermen as productive oyster areas in locations in eastern Dare
County.
' Seed oyster relaying would be conducted during the months of
' March-April and October-November. A mechanical seed oyster harvester
capable of working the seed oyster beds in Dare County will be required.
' The estimated cost of the materials needed to construct a harvester head,
conveyor and hydraulic system is $10,000. Operating costs for relaying
activities are $1.00 per bushel planted on site. The total cost for
relaying seed oysters (12,000 bushels @ $1.00/bushel) and construction of
the necessary equipment is $22,000.
If current cultch supplies remain available, cultch can be planted
' in Dare County waters at a cost of $.75 per bushel. This cost includes
$.65 per bushel to purchase, loading and transportation of cultch to the
Wanchese stockpiling site. Operating costs for Division cultch planting
' vessels and equipment are approximately $.10 per bushel planted on site.
The total cost for planting 15,000 bushels of cultch material would be
$11,250.
The Division of Marine Fisheries currently maintains vessels,
support equipment, and a stockpiling site necessary to complete the
planned planting activities. Should the Division lose the Dare County
stockpiling site at Wanchese Harbor, cultch planting costs would be
increased either by increased transportation distances or through
' charter rates to private firms. The end result would be a reduction in
cultch planting effort or an increase in the number of years necessary
to complete the project.

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First year expenses of $27,250 ($10,000/equipment, $6,000/relaying,
' $11,250/cultch planting) would be required prior to the beginning of seed
oyster relaying either for the October-November or March-April relaying
' periods. Either dates would allow time for stockpiling of cultch
material for the 1992 cultch planting season.
' Costs for the second year of operations will be $6,000 for relaying.
Total cost for the entire project will be $33,250.
If you need additional information, please contact me at our Morehead
City office.
' COST BREAKDOWN
Seed oyster harvester $10,000
(harvester head, conveyor, hydraulic system)
Seed oyster relaying $12,000
' (12,000 bushels @ $1.00 per bushel)
Cultch planting $11,250
(15,000 bushels @ $.75 per bushel)

TOTAL $33,250
First Year Cost $27,250
' Second Year Cost 6,000
' TOTAL $ 10 3, 21. 5 0
Suggested planting sites are shown on the attached map.
' Transplanting of seed oysters will be subject to location of a disease
free source.
/dh
cc: Bill Hogarth
Jeff French
Harrel Johnson
1
1
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WETLAND MONITORING EVALUATION FORM 1-A (PLANTING)
DATE EVALUATOR
PROJECT NO TIP COUNTY
PROJECT DESCRIPTION
NOTE: Evaluation conducted prior to and/or during planting.
1. Has the proper elevation and grade, as specified in the Special
Provisions, been obtained.
yes no , explain _
2. Obtain soil test. (send copy to NCDOT, ROADSIDE ENVIRONMENTAL UNIT,
ATTN: Mr. W.D. Johnson)
3. a. Does the contractor have the plant species specified in the
special Provisions.
yes no explain
b. Is the plants'of acceptable quality.
:yes no , explain
4. Is the contractor using an appropriate method of planting and
fertilizing?'
yes ..no.. explain
5i' Are the plants spaced according to spacing indicated in Special
Provisions:
yes no , explain
o. Date planted.
7. Number of photographs taken:
8. Comments:
cc:
Mr. W.D. Johnson, Roadside Enviromental Unit
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1
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WETLAND MONITORING EVALUATION FORM 1-B (ONE MONTH)
DATE EVALUATOR
PROJECT NO TIP COUNTY
PROJECT DESCRIPTION
NOTE: Evaluaton conducted approximately one month following plantng.
1. Is it exposed to wave action?
yes no , explain
2. a. Estimate number of plants planted:
b. Estimate number of plants dead:
C. 1 - b/a = = percent of survival.
3. Height of plants = inches.
4. Stems per plant = stems/plant.
5. Number of photographs taken:
6. Comments:
CC.
Mr. W.D. Johnson, Roadside Enviromental Unit
1
1
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WETLAND MONITORING EVALUATION FORM 1-C (ONE YEAR)
DATE EVALUATOR
PROJECT NO TIP COUNTY
PROJECT DESCRIPTION
NOTE: Evaluation conducted approximately one year following plantng.
1. Obtain soil test if survival or coverage is unacceptable. (send copy to
NCDOT, ROADSIDE ENVIRONMENTAL UNIT, ATTN: Mr. W.D. Johnson)
2. a. Estimate number of plants planted:
b. Estimate number of plants dead:
C. 1 - b/a = = percent of survival.
3. Height of plants = inches.
4. Stems per plant = stems/plant.
5. Number of photographs taken:
6. a. What is the percent of land coverage observed?
b. Percent of land coverage by planted species observed?
7. Comments:
cc:
Mr. W.D. Johnson, Roadside Enviromental Unit
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
WETLAND MONITORING EVALUATION FORM 1-D (TWO YEARS)
DATE EVALUATOR
PROJECT NO TIP COUNTY
PROJECT DESCRIPTION
NOTE: Evaluation conducted approximately two years followng planting.
1. Obtain soil test if survival or coverage is unacceptable. (send copy to
NCDOT, ROADSIDE ENVIRONMENTAL UNIT, ATTN: W.D. Johnson)
2. Height of plants = inches.
3. Number of photographs taken:
4. a. What is the percent of land coverage observed?
b. Percent of land coverage by planted species observed?
5. Comments:
cc:
Mr. W.D. Johnson, Roadside Enviromental Unit

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TAIL = ? •:
United States Department Of t _ kn r .?Y11*'"'?
• i,!?'i9
FISH AND WILDLIFE SERVIC Co
Raleigh Field Office i
Post Office Box :33726 P ?a"
c??s
a cx)
Raleigh, North Carolina 37636- ?--36
January 15, 19 9 `':• N? r ^?,
Colonel Walter S. Tulloch
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attn: Regulatory Branch
Dear Colonel Tulloch:
This is the report of the Fish and Wildlife Service (Service) on
Public Notice 199103389, dated December 17, 1991. The North
Carolina Department of Transportation, Division of Highways has
applied for a Department of the Army permit to place fill in
wetlands and shallow estuarine waters associated with the widening
of U.S. Highway 64/264 approaches to the Washington Baum Bridge,
crossing Roanoke Sound, between Manteo and Nags Head, Dare County;
North Carolina. This report is submitted in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661 et seq.), and Section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543). It is to be
used in your determination of compliance with 404(b)(1) guidelines
(40 CFR 230) and in your public interest review (33 CFR 320.4) as
they relate to protection of fish and wildlife resources.
According to information provided in the Public Notice, the
applicant proposes to widen the east and west approaches to the
Washington Baum Bridge to 4 and 5 lanes from the U.S. 64/264
junction with N.C. 345 on Roanoke Island, to Whalebone Junction,
where U.S. 64/264 terminates at U.S. 158/N.C. 12. Mitigation for
the proposed road expansion is combined with two adjacent projects.
The current proposal to expand the east and west approachways to
the Washington Baum Bridge, the completed Washington Baum Bridge
replacement (Public Notice SAWC087-N-028-0188, February 10, 1987),
and a proposed North Carolina Wildlife Resources Commission boat
ramp at the western foot of the bridge (Public Notice 199103312,
September 17, 1991) would result in the following total losses of
wetlands, shallow estuarine waters, and manmade canals: 2.74 acres
of black needlerush marsh, 3.53 acres of roadside maritime
scrub/shrub, 0.12 acre of pine flatwoods, and 4.32 acres of open
water habitats.
The Department of Transportation has accepted the mitigation
responsibility for all of these impacts and proposes: 1.51 acres of
Marsh creation at Manns Harbor, near Department of Transportation
port facilities; 3.98 acres of marsh creation at Pea Island
National Wildlife Refuge impoundments; 0.90 acre of maritime
scrub/shrub creation at Whalebone Junction; 8.26 acres of shellfish
bed enhancement throughout Roanoke Sound; and 0.19 acre of
estuarine open water creation at the Wildlife Resources Commission
boat ramp site. The marsh creation at Pea Island is also offered
as partial restoration of maritime scrub/shrub losses and full
compensation for pine flatwoods losses. The Public Notice does not
clarify whether NCDOT proposes mitigation for the later two
habitats on an in-kind or out-of-kind basis.
Service policy regarding mitigation of damage to habitats considers
both the value of those habitats to fish and wildlife and their
relative scarcity. The brackish marsh, shallow estuarine waters,
maritime scrub/shrub, and pine flatwoods that would be affected by
the proposed project have high fish and wildlife resource value and
are considered to be relatively scarce on a national and regional
basis. Wetlands, such as these, provide valuable nesting,
roosting, and foraging habitat to resident and migratory waterfowl,
songbirds, wading birds, and shorebirds. Other resident wildlife
species expected to occur in project area wetlands include marsh
rabbit, opossum, raccoon, and numerous reptiles and amphibians.
The unvegetated shallow estuarine waters that would be affected by
the proposed project also provide high quality nursery and foraging
habitat to numerous estuarine organisms.
Vegetated wetlands in the project area provide plant detritus to
estuarine waters and contribute to the production of recreationally
and commercially important fisheries and shellfisheries. Project
area wetlands perform water quality functions such as reduction of
excessive dissolved nutrient levels and removal of suspended
sediment.
The Service's Mitigation Policy (Federal Register, 46(15):7656-
7663, January 23, 1981) for impacts to special aquatic sites (i.e.,
-wetlands) requires the minimization of impacts by avoidance or
reduction, and the compensation of unavoidable impacts. For
wetlands in the project area, the Service requires full replacement
of fish and wildlife habitat values by restoration, enhancement, or
creation of corresponding wetland types (i.e, replacement in-kind).
The project, as described in the Public Notice, represents a
significant reduction in marsh impacts from the original proposal.
This results from the deletion of a proposed roadside canal through
brackish marsh to replace the one that would be filled along the
western approach.
The mitigation plan described in the Public Notice will probably
replace the fish and wildlife habitat values that would be lost due
to the project. However, the Public Notice does not fully describe
the details of the plan: i.e., specific maps of the off-site
locations, elevations, planting schemes, and monitoring plans.
These details are apparently provided in a separate mitigation
proposal that was not included with the. Public Notice.
To compensate for the loss of fish and wildlife habitat values that
would occur in the period between tffie commencement of construction
and. commencement of off-site mitigation, mitigation should be
conducted simultaneously with construction.
Based on the above concerns, the Service recommends that the
Department of the Army permit issued for this project include the
following modifications and mitigative measures as special
conditions to the permit:
1. The applicant shall provide their mitigation proposal to
the Fish and Wildlife Service and National Marine
Fisheries Service for review, comment and approval prior
to permit issuance.
2. All off-site mitigation measures shall be commenced
concurrently with project construction.
The Service has identified no endangered or threatened species, nor
critical habitats that would be adversely affected by the proposed
project. Therefore, the requirements of Section 7(c) of the Act
are fulfilled. However, obligations under section 7 of the Act
must be reconsidered if: (1) new information reveals impacts of
this project that may affect listed species or critical habitat in
a manner not previously considered; (2) this project is
subsequently modified in a manner which was not considered in this
review; or (3) a new species is listed or critical habitat
determined that may be affected by the project.
The Service appreciates the opportunity to comment on this project.
Please advise us of any action taken by the Wilmington District,
Corps of Engineers. You may contact David Dell, Permit
Coordinator, of this office if you have any question regarding our
recommendations.
Sincerely,
A. Mike Wicker
Acting Supervisor
3919
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
December 27, 1991
Regional Offices Dr. Larry Goode, Director
Asheville Programs, Policy and Budget
704/251-6208 N. C. Department of Transportation
Fayetteville P.O. BOX 25201
919/486-1541 Raleigh, N. C. 27611-5201
Mooresville
704/663-1699 Dear Dr. Goode :
George T. Everett, Ph.D.
Director
Raleigh Subject: Certification Pursuant to Section 401 of
919/733-2314 Clean Water Act,
Washington Improve me US 64/264 from N. C. 345
919/946-6481 Project
91666
Wilmington Dare Coup
919/395-3900
the Federal
to U.S. 158
Winston-Salem Attached hereto is a copy of Certification No. 2654 issued
919/896-7007 to N.C. Dept. - of Transportation dated December 27, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Pre ge T. Everett
Attachments. ?-
dot64264.1tr
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
P.O. Box 29535, PUeigh, North Carolina 27626-0535 Telephone [phone] ! Pollution Prevention Pad,
An Equal Opl-tutm Allinnanvc Acting 1:mplovcr
NORTH CAROLINA
000'pDare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States
and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 2H, Section .0500 to
N.C. Department of Transportation pursuant to an application
filed on the 8th day of October, 1991 to improve US 64/264
between NC 345 and US 158 including Baum Bridge.
The Application provides adequate assurance that the
disposal of fill material into Roanoke Sound and its tributaries-
in conjunction with the proposed road and bridge improvements
in Dare County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that.this activity will not violate
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to
prevent significant increase in turbidity outside the area
of construction or construction related discharge (increases
such that the turbidity in the Stream is 25 NTU's or less
are not considered.significant).
2. Mitigation shall be at least as astringent as that specified
in the August 1991 Mitigation Proposal prepared by Environ-
mental Services, Inc.
3. This Certification shall expire three years from the date of
issuance of the 404/CAMA permit.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 27th day of December, 1991.
DIVISI NVIRONMENTAL MANAGEMENT
4or e T. Ev rett, Di
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• APPLICANT/PROJECT NAME :
NC DOT 65/264 Improvements (Baum Bridge and Daniels Bridge)
• DEM #: WQC#: MAP #:
91666, 91938 2654, 2693 30, 32 , zf b
• COUNTY:
Dare
• LOCATION OF MITIGATION SITE (LAT. AND LONG.)
• DIRECTIONS TO MITIGATION SITE:
Hwy 64 East Mann's Harbor: In Mann's Harbor take a right on SR 1105. The site is on
the west side of the road --0.5 miles from Hwy 64.
Whalebone Tunction: Remain on Hwy 64/264. The site is at the
intersection of Hwy 64/264 and Hwy 158.
Pea Island Wildlife Refuge: The site is on Hwy 12 on Pea Island, north
of Rodanthe, in the wild life refuge.
• TYPE AND ACERAGE OF WETLAND IMPACTED:
6.39 acres 2.74--black needle rush
3.53--maritime shrub thicket
0.12--pine flatwoods
• TYPE AND ACERAGE OF WETLAND MITIGATED:
6.39 acres 0.90-shrub scrub (Whalebone Junction Site)
1.15---emergent, brackish water marsh (Mann's Harbor Site)
7 ,:?'4 -- 3.98-emergent freshwater/brackish wetlands (Pea Island)
• DESCRIPTION OF MITIGATION(IN FILE):
Whalebone Tunction: grading and planting
Mann's Harbor: grading to surrounding elevation and planting
Pea Island: creating a gentle gradient from ponds to shrub thicket, planting
• DESCRIPTION OF VEGETATION(IN FILE):
Whalebone Tunction: wax myrtle, yaupon, sea-myrtle
Mann's Harbor: uncus Cladium
Pea Island: Scirpus robustus
• SUCCESS CRITERIA STATED(if any):
50% of plants alive after 2 years
? X
• WHAT IS THE PROJECT STATIS?(mark one):
RESTORATION, ENHANCEMENT, CREATION, PRESERVATION
• MONITORING PLAN:
Report to DEM only if the success criteria are not met.
• WHICH REGULATORY AGENCIES ARE INVOLVED?:
DEM, DCM, COE, NCWRC
• TYPE OF DEVELOPMENT(mark the ones that apply):
RURAL, URBAN, PUBLIC, PRIVATE

4
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
February 13, 1992
Mr. Barney O'Quinn
Planning and Environmental nranch
N.C. Department of Transportation
Raleigh, North Carolina
Dear Mr. O'Quinn:
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed replacement of Melvin Daniels Bridge and
Wideni 264 between NC 345 and US 158/NC12
Project 91938
Dare Cou
Attached hereto. is a copy of Certification.No. 2693 issued
to N.C. Department of Transportation dated February 13, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Gt;?
george T. Everett
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central. Files
RE(;IOI,,'.AL OFEI(TS
Asheville Fayetteville Mooreville P-1161A) Washington V"dillington Wimton-Salem
704/251-6208 919/486-1541 70}/663-1(59) 91(),571-47(X) 919/946-6481 919/395-3,XX) 9191896-7(X)7
Pollution Prevention Pays
F'.C). Bo: 29535, Ralcit h. North Carolina 27(52(,{)5535 Telephone [phone]?
An Opi,, n?. un::, \uirinau cc '....,?I, h"I'l ,v ,
NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217.of the United States
and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 2H, Section .0500 to N.C.
Department of Transportation pursuant to an application filed on
the 13 day of December, 1991 to replace Melvin Daniels Bridge and
widen US 64/264 between NC 345 on Roanoke Island and US 158/NC12
intersection at Whalebone ,junction.
The Application provides adequate assurance that the
discharge of fill material into the waters of Roanoke Sound
tributaries in conjunction with the proposed road and bridge
improvements in Dare County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with`the
application and conditions hereinafter set forth.
Condition(s)• of Certification:
1. That the activity be conducted in such a manner as to
prevent significant increase in turbidity outside the area
of construction or construction related discharge (increases
such that the turbidity in the Stream is 25 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 13 day of February, 1992.
DIVISION OF ENVIRONMEN'T'AL MANAGEMENT
George T. Everett, Director
WQC# 2693
06
N.C. Department
Bio Report
Page Two
History
of Transportation
The applicant proposes to replace the Melvin Daniels Bridge
(#14) on the Nags Head Causeway and widen U.S. 64/264 between
N.C. 345 on Roanoke Island and the U.S. 158/N.C. 12 intersection
at Whalebone Junction. These proposed improvements comprise the
second phase of a two-phase construction plan for this 2.1 mile
long expanse. In Phase I, the old swing-span bridge over Roanoke
Sound (Washington Baum Bridge No. 12) was replaced with a
fixed-span, high rise, four lane facility which was completed in
April, 1991. Phase II involves widening to 4 and 5 lanes the
existing 2.1 miles of two lane approaches on either end of the
new Washington Baum Bridge. The Phase I construction activities
were authorized under CAMA Permit No. 79-87.
The N.C. Wildlife Resources Commission has proposed to
construct a public boat launching facility in the southwest
corner of the area under the Washington Baum Bridge. In
accordance with a memorandum of understanding between N.C. DOT
and N.C. WRC, N.C. DOT will allow the four acre area to be used
for this purpose and will provide mitigation for the wetland
losses associated with the boat ramp construction as part of the
mitigation plan for Phases I and II of the construction described
above.
The N.C. WRC, which is responsible for obtaining all
required permits, submitted a complete CAMA application to the
Division of Coastal Management on August 27, 1991 and this
application is now being reviewed by the various state and
federal agencies.
The wetland creation sites initially selected by N.C. DOT
were a 3.8 acre site at Whalebone Junction, and a 1.03 acre site
at the staging area within the sw bridge quadrant. Changes in
the mitigation proposal have been necessitated by the following:
1) Modifications to the roadway plans for the Whalebone
Junction area have reduced the acreage available for
wetlands creation from 3.8 acres to 0.9 acres.
2) The 1.49 acres of disturbed wetlands.and an open water
slough at the sw bridge quadrant originally proposed
for restoration are now slated for use as a parking
area for N.C. WRC's boat launching facility.
3) The proposed boat ramp and associated facilities will
lead to the deletion on N.C. DOT's commitment to create
1.03 acres of wetlands on the staging area.
N.C. Department of Transportation
Bio Report
Page Five
Immediately east of the proposed Melvin Daniels Bridge and
on the north side of the U.S. 64/264 alignment the applicant is
proposing to extend the right-of-way a maximum of 20' to the
north along a 1200 linear foot section of the roadway.
Approximately 1600 cubic yards of fill would be placed below MHW.
In order to accomplish the right-of-way extension rip rap would
be placed a maximum of 30' waterward of the mean high tide line.
Anticipated Impacts
The widening of the 5400 linear feet of U.S. 64/264 between
the western approach of the Washington Baum Bridge and the N.C.
345 intersection will involve the filling of 3.76 acres of open
water. Immediately west of the N.C. 345 intersection
approximately 5,000 square feet (0.12 acres) of wetland scrub
would be filled. Approximately 2.8 acres of 11404" and coastal
wetlands would be permanently lost as a result of the Phase II
roadway improvements. Increased water turbidity is likely to
occur as a result of bridge construction activity and the placing
of fill and rip rap along the north side of the eastern approach
of the Melvin Daniels Bridge.
The applicant proposes to mitigate for wetland/open water
losses caused by Phases I and II of the U.S. 64/264 improvements
and the construction of the WRC public boat ramp as follows:
AMOUNT
(acres)
0.90
WETLAND MITIGATION
LOCATION TYPE
Whalebone Junction Maritime
Intersection Shrub
Creation
ACCOUNTABILITY
-1.51
`3.98 Pea Island National
Wildlife Refuge
Waterfowl
Impoundments
8.26 Various Sites in
Roanoke Sound
(see Page 25 in
mitigation
Proposal)
Onsite mitigation
for -21% of Maritime
Shrub Habitat Loss
Marsh Offsite Mitigation
Creation for -55% of Black
Needlerush Habitat
Loss
Manns Harbor
Near NCDOT Port
Facility
Emergent Offsite Mitigation
Marsh for -45% of Black
Creation Needlerush Habitat
Loss, -75% of
Maritime Shrub
Habitat Loss, and
100% of Pine
Flatwoods Habitat
Loss
Shellfish Offsite Mitigation
Bed of 100% of Open
:enhancement Water Loss at a 2:1
Mitigation Ratio

DIVISION OF ENVIRONMENTAL MANA.GEIICNT
CAMA MAJOR PERMIT APPLICATION REVIEW
PROJECT NAM L° LC G l
COUNTY : !3?-?-F PROJECT # : NJ
STREAM ADJACENT WATER BODY: 1 CLASS:
BASIN: OPEN OR CLOSED: (FOR SHELLFISHING
STORMWATER PLAN REQ'D: .(Y OR N)
IF YES, DATE PROVED:
PROJECT DESCRINON: w U ---
I
JOINT NOTICE v (Y/N)
RECOMMENDATION:
(ISSUE/DENY/OTHER)
IF YES: G NERAL CERT: /V (Y OR N)
TYPE GEN: (INDIVIDUAL CERT :
(BULKHEAD, BOAT RAMP, ETC.)
ASS NE TO:_
DATE APP. REC'D.: / ,11 7 (YY/MM/DD)
INITIAL REPORT: (YY/MM/DD)
FINAL REPORT: 9- _ (YY/MM/DD)
WATER QUALITY CERT. (401)
CERT. REQ'D: (Y OR N)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
N 14
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND :
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N) /"--k4'$
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N) AREA TO BE DREDGED
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BAS :
of - L=NG WATER:
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
CONDITIONS PERMIT RESTRICTIONS:
cc: WaRO - Dorney - Central Files - DCM: J. Parker, Morehead City,
Washington, Elizabeth City
MITIGATION PROPOSAL
US 64/264 IMPROVEMENTS
DARE COUNTY, NORTH CAROLINA

INTRODUCTION
The North Carolina Department of Transportation (NCDOT) is in
the process of completing plans for roadway improvements to US
64/264 between NC 345 near Manteo on Roanoke Island, and the
intersection of US 158/NC 12 at Whalebone Junction in Nags Head,
Dare County (Figure 1). Roadway expansion is part of a two-phased
construction plan for this segmentz of coastal highway and
intermediate bridges. The antiquated swing span drawbridge over
the Roanoke Sound (Washington Baum. Bridge No. 12) was recently
replaced with a new four lane, fixed span facility as part of the
first construction phase. Current plans call for widening the
existing two-lane approaches on either end of the new bridge to
four and five lanes for a total distance of approximately 2.1
miles. In addition, the 345-ft. Melvin Daniel Bridge (Bridge No.
14), which spans an interruption in the US 64/264 causeway across
the Sound, will be replaced.
An Environmental Assessment (EA) report and subsequent Finding
of No Significant Impact (FONSI) was approved by the Federal
Highway Administration in November, 1986 (NCDOT, 1986). However,
roadway design modifications have necessitated that a re-evaluation
of expected wetland impacts and associated mitigation commitments
be undertaken. In addition, the N.C. Wildlife Resources Commission

1'
14
IMPACTS AND COMMITMENTS
A
Impacts
During initial planning for the bridge and roadway approaches,
the NCDOT recognized that approximately 5.3 acres of wetlands would
be impacted as a result of construction: 2.5 acres affected by
Phase I bridge replacement, and 2.8 acres lost as a result of Phase
II roadway improvements (NCDOT permit application, January 15,
1987). Additional disturbances would occur from dredging of a 100-
ft. wide channel through Roanoke Sound for construction access,
and construction of a haul road for transport of materials to a
nearby spoil disposal site requiring the temporary placement of
fill in wetlands. The haul road was later deemed unnecessary.
Permits and certifications were issued in 1987 allowing the first
phase of the project to proceed (see CAMA Permit No. 79-87; Water
Quality Certification No. 2039; COE letter of April 22, 1987
authorizing construction under General Permit No. SAWCO80-N-000-
0291).
Project impacts on wetlands and open water systems were re-
evaluated in February, 1991. Available aerial photography (dated
July 16, 1986), environmental studies performed for the 1986
EA/FONSII NCDOT roadway design plans, submitted permit plats of the
proposed Phase I bridge project, and proposed site plans for the
WRC boat ramp facility (Figure 3) were consulted to determine pre-
construction wetland limits and anticipated areas of encroachment
resulting from NCDOT improvements (Phase I and II activities), and
15
proposed WRC boat ramp/access road construction. Total takings
have been estimated at 10.52 acres (Table 1).
Approximately 5,375 linear feet (3.76 acres) of open water
channel parallelling eastbound lanes of US 64/264 from the
intersection of NC 345 to the new bridge will be impacted by Phase
II NCDOT construction (Table 1). Man made channels, approximately
25 feet in width and 6 feet deep, occur on both sides of the
existing alignment, bordered by large expanses of black needlerush
marsh. Avoidance is impossible if proposed improvements are to be
implemented.
The NCDOT recognizes and respects traditional uses of the
canals by boaters and fishermen. In order to allow for continued
access and use, approximately 1,500 linear feet of channel near the
proposed boat ramp will be left open (from a point opposite Pirates
Cove Marina to the Sound).
Isolated segments of fringing marsh and maritime shrub
wetlands near terminal ends of the new bridge have already been
affected by Phase I construction. Additional losses will occur
along roadway approaches during Phase II widening. Impacts
attributed to NCDOT improvements (Phase I and II) include 3.01
acres of shrub wetlands, and 1.39 acres of black needlerush marsh
(Table 1). In addition, a small pocket of pine flatwoods (0.12
acres) will be impacted by widening of the US 64/264 approaches
immediately east of the NC 345 intersection (Figure 2-1; Table 1).
16
Table 1
Wetland Impacts
US 64/264 Improvements
(in acres)
Wetland Type
Black needlerush marsh
Maritime shrub thicket
Pine flatwoods
WETLANDS IMPACTED
Open water impacted
Open water created
NET TOTAL IMPACTS
NCDOT WRC WRC
Project Access Road Boat Ramp Total
1.39 0.65 0.70 2.74
3.01 ---- 0.52 3.53
0.12
------- ----
------ ----
------ 0.12
-----
4.52 0.65 1.22 6.39
3.76 0.29 0.27 4.32
----
------- ----
------- 0.19
------ 0.19
-----
8.28 0.94 1.30 10.52
1
17
The proposed WRC boating facility will be constructed on
approximately 3 acres of land in the'southwest corner of the new
` bridge (Figure 3). This former construction staging area consists
of a mixture,of disturbed wetlands, open water sloughs, and spoil
high ground. Because of recent disturbances, wetland community
patterns are virtually indistinguishable. However, by
superimposing site plans for the boat ramp over earlier
photography, it was determined that approximately 1.22 acres of
wetlands (0.70 acres of former marsh, 0.52 acres of former shrub
thicket; Table 1) will be taken by development. A small finger
canal (0.27 acres) extending into the interior of the site from the
Sound will be filled during the process; however, removal of a
construction docking terminal will create 0.19 acres of open water
habitat. Net loss of open water habitat has been estimated at 0.08
acres. Construction of a new access road specifically designed to
service this facility will result in additional losses (0.94
acres). A total of 2.24 acres of wetland/open water impacts are
attributed to the boating facility (Table 1).
Initial Mitigation Commitments
Compensatory mitigation for all unavoidable wetland/open water
losses caused by bridge and roadway construction was addressed in
the 1986 EA and subsequent permit application for replacement of
the Roanoke Sound bridge (NCDOT permit application dated January
19, 1987). Compensation was to be provided through: a) removal of
portions of an old roadbed embankment at the west end of Bridge No.
18
12 (0.86 acres); b) creation of new wetlands within right-of-way
limits, or on properties acquired intthe general vicinity of the
project; c) restoration of impacted wetlands at the construction
staging area; and d) construction of new canals adjacent to
impacted waterways. Commitments were made and approved for 1:1
mitigation replacement.
Whalebone Junction was selected as the primary site for
proposed wetland creation. Approximately 3.80 acres was assumed
available for ameliorative purposes (Bruton memo, 2/23/87).
Portions of the staging area in the southwest bridge quadrant were
later acquired by NCDOT to supplement mitigation needs (1.03
acres).
A number of factors dictated the need for changes in
mitigation strategy. Roadway modifications at the eastern end of
the proposed alignment reduced the potential availability of
Whalebone Junction as a viable mitigation site. At present,
approximately 0.90 acres in interior reaches of the new interchange
can be used for amelioration.
Development of the WRC public boat ramp will require that the
staging area be removed from mitigation consideration. Disturbed
wetlands and an open water slough which would have been restored
after construction (1.49 acres) will now be utilized for parking
and associated amenities. Likewise, commitments by the NCDOT to
remove fill at the old bridge abutment to allow for wetland
creation must be abdicated (0.86 acres).
I
19
Finally, NCDOT roadway plans have been modified to eliminate
s
construction of replacement canals along the eastbound lanes of US
64/264 between the juncture of NC 345 and the bridge. It was
unclear after reviewing earlier documentation as to whether or not
consideration had been given to the net loss of stable, black
needlerush marsh which would have resulted from adjacent
replacement. Essentially, the impacts would not have been
mitigated, but transferred to a different community type. In
addition, relocation of existing utilities would be required if new
canals were constructed, resulting in additional project expense
($500,000.00+). After reviewing these considerations with various
resource personnel, it was decided that an alternative mitigation
strategy would be developed to compensate for all open water losses
(4.13 acres).
24
Open Water Mitigation
Virtually all of the open water losses (4.13 acres) associated
with this project will occur within constructed canals bordering
eastbound lanes of US 64/264 between the NC 345 intersection and
the new bridge (remnant losses will occur at the boat ramp site).
Initial commitments to replace these channels in marsh communities
adjacent to the roadway have been re-evaluated.
The NCDOT proposes the implementation of shellfish bed
enhancement measures as mitigation for unavoidable takings. Close
coordination with the DMF has already been initiated to develop a
plan of action for creation of 8.26 acres of oyster producing
habitat in the Roanoke Sound" (see Mike Marshall, DMF memo,
4/15/91, in Appendix). A combination of seed oyster relaying and
s cultch planting will be utilized. The DMF has selected a number
of potential sites in the Roanoke Sound where enhancement efforts
can be concentrated (Figure 4). Open water mitigation will be
undertaken on a 2:1 basis in an effort to fully compensate for lost
functions and values of impacted aquatic systems. The NCDOT will
provide monetary compensation for implementation of these measures
(estimated at $39,235.00') as well as additional manpower,
transportation, and support, as requested by the DMF.
-------------------------------------------------- ----- av ------
Acreage and cost estimates in the Marshall memo have been
expanded - with approval from DMF - to provide.full 2:1 mitigation
for all open water takings.

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26
Wetlands Mitigation
Planned improvements will result in unavoidable adverse
impacts to 6.39 acres of wetlands along the existing US 64/264
alignment. In an effort to provide full compensation for all
losses, a number of sites and mitigation strategies were
considered. However, alternatives were constrained by a number of
factors including site availability, cost, and the uncertainty of
derived gains in resource value. Although eight sites were
evaluated, three sites have been .selected for creation or
restoration. The NCDOT proposes to provide compensation for all
wetland losses on an acre-for-acre basis,. in keeping with
commitments stipulated in the 1986 EA/FONSI.
Considered Sites
1. Filling and spoil deposition has created several acres
of contiguous uplands bordering US 64/264 near the
intersection of NC 345. Because this privately owned
tract abruptly grades into open expanses of black
needlerush marsh, opportunities are potentially available
' for creation of wetlands adjacent to US 64/264. However,
the NCDOT recently acquired a 17-ft wide strip of this
land for right-of-way at a cost of $5.00/sq. ft., or
$217,800 per acre. This site is considered cost
prohibitive for mitigation purposes.
2. A number of spoil islands, collectively known as the
"Carolina Cays" are situated along western margins of
Roanoke Sound near the bridge. These islands could
potentially be graded and planted to create additional
estuarine wetlands. However, the Cays are privately
owned, and a sales contract is currently being negotiated
which will allow for residential /resort development on
the islands. Although acquisition costs were not made
available by the Dare County investment group acquiring
the properties, indications were given that $200,000/acre
would not be considered unreasonable. These islands are:
-1) unavailable for acquisition, and 2) cost prohibitive
for mitigation consideration.

27
3. Several small, isolated pine hummocks are scattered
throughout the black needlerush marsh on slight
elevational rises in the immediate vicinity of the
project corridor. - Although limited in size and
distribution, these systems provide habitat diversity and
variety in a monocultural environment. In spite of
elevational differentiation from the surrounding marsh,
most of these sites are expected to exhibit wetland
characteristics. Pine hummocks were eliminated from
mitigation consideration based on wetland concerns,
isolated access, potential disruptions to existing
habitat, and unrealized gains in resource value derived
from modification.
4. The U.S. Fish and Wildlife Service has offered a diked
impoundment in the Alligator Wildlife Refuge for
potential mitigation use. The dike is approximately 17
feet in width and raised 2-3 feet above surrounding
maritime shrub wetlands (wax myrtle, marsh elder, sea-
myrtle, etc.). The site is isolated with poor access.
Preliminary calculations indicate that approximately 2
acres could be graded to wetland elevation and planted
for mitigation. However, NCDOT Division personnel
determined that site preparation (grading and removal of
spoil) expenses may exceed $75,000/acre, exclusive of
planting costs. This site was eliminated from mitigation
consideration because of site preparation costs, and
negligible gains in resource value which would be derived
from modification.
5. The Town of Manteo has offered property at the town's
sewage treatment facility for mitigation use.
Approximately 5+ acres which currently constitute the
facility's aerator beds will soon be abandoned to make
way for a new and larger treatment plant. The site is
located inland, surrounded by pine woodlands. Although
the aerator beds could conceivably be graded and planted
with hydrophytic species, extensive clearing and grading
would be required. Out-of-kind wetland replacement would
be realized. This site was eliminated from consideration
because of potential site preparation costs, and
questionable gains in mitigation value derived from out-
of-kind replacement.
D Selected Sites
1. Whalebone Junction. Approximately 0.90 acres in interior
-reaches of the interchange at Whalebone Junction will be
graded and planted with a mixture of wax myrtle, yaupon,
and sea-myrtle. Elevations will correspond to
topographic levels noted in shrub wetlands adjacent to
9
28
the existing alignment (approximately 3' MHW). This
action will provide in-kind, on-site compensation for
approximately 21% of the?? maritime shrub impacts
attributed to NCDOT/WRC construction.
2. Mann's Harbor. An upland spoil area, approximately 1.51
acres in size, is located adjacent to SR 1105 near the
entrance to the NCDOT port facility at Mann's Harbor.
Created in the early 1980s during construction of the
ferry docking terminal, this property is currently used
for storage of construction spoil and overflow parking.
The site abuts a black needlerush/saw grass marsh,
providing excellent opportunities for re-establishment
of similar habitat on spoil lands. The NCDOT proposes
to grade the area to surrounding marsh elevations and
plant with a 50:50 mix of Juncus and Cladium. In-kind,
off-site replacement for approximately 55% of the black
needlerush marsh losses will be realized at this site.
3. Pea Island National Wildlife Refuge - waterfowl
impoundments. The NCDOT recently constructed two
waterfowl impoundments on the Pea Island Refuge near
Rodanthe as mitigation for previous highway projects.
The- ponds are currently in early stages of succession,
surrounded by wide zones of sparsely vegetated sand. The
FWS has offered 5.58 acres (4.89 acres around the
northernmost impoundment and 0.69 acres around the small
southernmost pond) for potential mitigation. However,
1.6 acres have been prioritized for mitigation associated
with wetland losses caused by construction of the groin
at Bonner Bridge, leaving 3.98 acres for US 64/264
amelioration. The NCDOT, under the direction of FWS
Refuge staff, intends to construct a gentle gradient
extending from existing pond margins out to surrounding
shrub thickets in a circular pattern around the
impoundment, allowing for ground water saturation and
periodic inundation. Graded areas will be planted with
Scirpus robustus which will serve as ground cover and
function as a potential food resource for waterfowl.
Although the Pea Island site represents off-site, out-
of-kind mitigation, it is believed that derived gains in
wetland functions and values generated through creation
of emergent wetlands around the impoundments will more
than compensate for the loss of wetland resources
adjacent to the US 64/264 alignment. This site is
intended as amelioration for unmitigated takings of black
needlerush marsh (45% or 1.23 acres), maritime shrub
-wetlands (75% or 2.63 acres), and remnant pine flatwood
wetlands (100% or 0.12 acres).
29
PLANTING PLAN
Site plans and mitigation planting schemes for the three
proposed wetland mitigation properties (Whalebone Junction, Mann's
Harbor, and Pea Island Refuge) are shown in Figures 5, 6, 7.
Labor and materials for grading, site preparation work, and
planting will be provided by the NCDOT. At the Pea Island site,
state forces will be under the direction of FWS personnel to insure
that appropriate grade elevations have been achieved, and correct
planting procedures utilized. Site work at Whalebone Junction and
Mann's Harbor will be supervised by the NCDOT Roadside
Environmental Unit (formerly known as the NCDOT Landscape Unit),
with assistance from the NCDOT Planning & Environmental Branch.
Plant materials will come from nursery stock, acquired from
local suppliers. Bulrush sprigs utilized at Pea Island will be
planted on 3' centers over the approved mitigation area, as
recommended by FWS Refuge personnel. Saw grass and black
needlerush sprigs will be planted on 2' centers at the Mann's
Harbor site. Shrub vegetation (1 gallon container plants)
transplanted at Whalebone Junction will be placed randomly
throughout the 0.90 acre mitigation area (average: 10' centers).
Osmocote slow release fertilizer (14-14-14) will be placed in the
transplant hole of all species at the rate of 1 ounce per plant at
the time of planting. Transplantation will take place between
March and. early June, allowing plants to stabilize and set root
during the spring growing season.
30
Site Specifications
Whalebone Junction
Acreage: 0.90 acres
Action: Creation, shrub-scrub wetlands
Plants: Wax myrtle (Myrica cerifera)
Sea-myrtle (Baccharis hamifolia)
Yaupon (Ilex vomitoria)
Planting scheme: Mixture of wax myrtle, sea-myrtle,
and yaupon planted randomly (average
10' centers). Total plants: 392.
Each plant will receive a side
dressing of 14-14-14 Osmocote
fertilizer at time of planting.
Costs:
Plants: $6.00/plant'. . . . . . $2,352.00
Fertilizer: 1 ounce/plant
$45/fifty pound bag . . . . .. $45.00
Labor (NCDOT): $1,000/acre . . . $900.00
Grading/site prep (NCDOT):
$2,000/acre . . . . . . . . .. $1,800.00
Total: $5,097.00
NCDOT Mann's Harbor
Acreage: 1.51 acres
Action: Creation/ restoration, emergent, brackish water
marsh
Plants: Black needlerush (Juncus roemerianus)
Sawgrass (Cladium jaimensensel
Planting scheme: 16,445 plants. 50:50 scattered mix
of black needlerush and sawgrass
planted on 2' centers. Each plant
will receive a side dressing of 14-
14-14 Osmocote fertilizer at time of
planting.
Costs:
Plants: $.40/plant . . .. $6,578.00
Fertilizer: 1 ounce/plant
$45/fifty pound bag . . . . . $945.00
Labor (NCDOT): $1,000/acre .. $1,510.00
Grading/site prep (NCDOT):
$2,000/acre . . . . . . . $3,020.00
Total: $12,053.00
31
Pea Island National Wildlife Refuge - Waterfowl
Impoundments
Acreage: 3.98 acres for US°64/264 mitigation
1.60 acres for terminal groin mitigation
5.58 total acres
Action: Creation, emergent, freshwater/brackish
wetlands
Plants: Bulrush (Scirpus robustus)
'
Planting scheme. 27,007 plants planted on 3
centers. Each plant will receive
a side dressing of 14-14-14 Osmocote
fertilizer at time of installation.
Costs:
Plants: $0.40/plant . . . . . $10,802.80
Fertilizer: 1 ounce/plant
$45/fifty pound bag . . . . . $1,530.00
Labor (NCDOT): $1,000/acre .. $5,580.00
Grading/site prep (NCDOT):
$2,000/acre . . . . . . . .. $11,160.00
Total: $29,072.80
Cost attributed to US 64/264 mitigation: 70% _ $20,350.96
Cost attributed to terminal groin mitigation: 30% _ $8,721.84
Total Mitigation Costs
Mitigation costs for each site and phase of the US 64/264 plan
have been detailed in the above referenced discussions. The
following is a synopsis of mitigation costs associated with this
effort:
Open water mitigation $39,235.00
4C Wetland mitigation $46,222.80
TOTAL $85,457.00
r.

32
MONITORING PLAN
d
The NCDOT proposes the following monitoring strategy for the
three wetland mitigation sites where creation/restoration efforts
will be undertaken:
1. Monitoring will be conducted over a two year period by
NCDOT's Roadside Environmental Unit. The NCDOT will
coordinate with FWS Pea Island National Wildlife Refuge
personnel to determine monitoring responsibility and
accessibility at the waterfowl impoundments.
f
1
1
D
2. Sites will be inspected prior to planting (PP), at
planting time (AP), within one (1) month after planting
(1 MO), one (1) year following planting (1 YR), and two
(2) years following planting (2 YR). The following data
will be collected at specified times:
Proper elevation and grade PP
Soil test PP, 1 MO, 1 YR, 2 YR
Acceptable plant species/quality AP
Proper planting methods/spacing AP
Survival rate (estimated %) 1 MO, 1 YR
Approximate height of plants 1 MO, 1 YR, 2 YR
Site photographs, selected views 1 MO, 1 YR, 2 YR
Areal coverage (estimated %) 1 YR, 2 YR
- Planted species
- Planted species + natural succession
3. All species planted will be monitored for survival and
areal coverage. During the monitoring interval, remedial
action will be considered, if needed.
4. Creation success will be based on: a) survival by 50% of
the planted species after two years, and b) 50% areal
coverage by all species after a two year period.
5. In the event that these two conditions are not met,
consultation will be held among staff of NCDOT Planning
and Environmental Branch, NCDOT Roadside Environmental
Unit, the N.C. Division of Coastal Management, the Corps
of Engineers, Wilmington District, the U.S. Fish and
Wildlife Service, and other federal review agencies.
Monitoring criteria will be evaluated, and necessary
recourse actions will be considered.
33
Sample forms which will be used for wetland monitoring can be
found in.the Appendix.
Monitoring of shellfish bed enhancement sites and the
establishment of success criteria will be the responsibility of the
DMF. The NCDOT will provide assistance as requested, and will
report findings to appropriate permit review agencies.

:
P?P--t-->I
MITIGATION PROPOSAL
US 64/264 IMPROVEMENTS
DARE COUNTY, NORTH CAROLINA

INTRODUCTION
i
r
r
tl
r
r
u
r
K
The North Carolina Department of Transportation (NCDOT) is in
the process of completing plans for roadway improvements to US
64/264 between NC 345 near Manteo on Roanoke Island, and the
intersection of US 158/NC 12 at Whalebone Junction in Nags Head,
Dare County (Figure 1). Roadway expansion is part of a two-phased
construction plan for this segment ' of coastal highway and
intermediate bridges. The antiquated swing span drawbridge over
the Roanoke Sound (Washington Baum Bridge No. 12) was recently
replaced with a new four lane, fixed span facility as part of the
first construction phase. Current plans call for widening the
existing two-lane approaches on either end of the new bridge to
four and five lanes for a total distance of approximately 2.1
miles. In addition, the 345-ft. Melvin Daniel Bridge (Bridge No.
14), which spans an interruption in the US 64/264 causeway across
the Sound, will be replaced.
An Environmental Assessment (EA) report and subsequent Finding
of No Significant Impact (FONSI) was approved by the Federal
Highway Administration in November, 1986 (NCDOT, 1986). However,
roadway design modifications have necessitated that a re-evaluation
of expected wetland impacts and associated mitigation commitments
be undertaken. In addition, the N.C. Wildlife Resources Commission
It
14
IMPACTS AND COMMITMENTS
11
Impacts
During initial planning for the bridge and roadway approaches,
the NCDOT recognized that approximately 5.3 acres of wetlands would
be impacted as a result of construction: 2.5 acres affected by
Phase I bridge replacement, and 2.8 acres lost as a result of Phase
II roadway improvements (NCDOT permit application, January 15,
1987). Additional disturbances would occur from dredging of a 100-
ft. wide channel through Roanoke Sound.,for construction access,
and construction of a haul road for transport of materials to a
nearby spoil disposal site requiring the temporary placement of
fill in wetlands. The haul road was later deemed unnecessary.
Permits and certifications were issued in 1987 allowing the first
phase of the project to proceed (see CAMA Permit No. 79-87; Water
Quality Certification No. 2039; COE letter of April 22, 1987
authorizing construction under General Permit No. SAWC080-N-000-
0291).
Project impacts on wetlands and open water systems 'were re-
evaluated in February, 1991. Available aerial photography (dated
July 16, 19$6), environmental studies performed for the 1986
EA/FONSI, NCDOT roadway design plans, submitted permit plats of the
proposed Phase I bridge project, and proposed site plans for the
WRC boat ramp facility (Figure 3) were consulted to determine pre-
construction wetland limits and anticipated areas of encroachment
resulting from NCDOT improvements (Phase I and II activities), and
15
proposed WRC boat ramp/access road construction. Total takings
have been estimated at 10.52 acres (Table 1).
Approximately 5,375 linear feet (3.76 acres) of open water
channel parallelling eastbound lanes of US 64/264 from the
intersection of NC 345 to the new bridge will be impacted by Phase
II NCDOT construction (Table 1). Man made channels, approximately
25 feet in width and 6 feet deep, occur on both sides of the
existing alignment, bordered by large expanses of black needlerush
marsh. Avoidance is impossible if proposed improvements are to be
implemented.
The NCDOT recognizes and respects traditional uses of the
canals by boaters and fishermen. In order to allow for continued
access and use, approximately 1,500 linear feet of channel near the
proposed boat ramp will be left open (from a point opposite Pirates
Cove Marina to the Sound).
Isolated segments of fringing marsh and maritime shrub
wetlands near terminal ends of the new bridge have already been
affected by Phase I construction. Additional losses will occur
along roadway approaches during Phase II widening. Impacts
attributed to NCDOT improvements (Phase I and II) include 3.01
acres of shrub wetlands, and 1.39 acres of black needlerush marsh
(Table 1). In addition, a small pocket of pine flatwoods (0.12
acres) will be impacted by widening of the US 64/264 approaches
immediately east of the NC 345 intersection (Figure 2-1; Table 1).
16
Table 1
Wetland Impacts
US 64/264 Improvements
(in acres)
NCDOT WRC WRC
Wetland Type Project Access Road Boat Ramp Total
Black needlerush marsh 1.39 0.65 0.70 2.74
Maritime shrub thicket 3.01 ---- 0.52 3.53
Pine flatwoods 0.12
------- ----
------ ----
------ 0.12
-----
WETLANDS IMPACTED 4.52 0.65 1.22 6.39
Open water impacted 3.76 0.29 0.27 4.32
Open water created ----
------- ----
------- 0.19
------ 0.19
-----
NET TOTAL IMPACTS 8.28 0.94 1.30 10.52
w
17
The proposed WRC boating facility will be constructed on
approximately 3 acres of land in the'southwest corner of the new
bridge (Figure 3). This former construction staging area consists
of a mixture of disturbed wetlands, open water sloughs, and spoil
high ground. Because of recent disturbances, wetland community
patterns are virtually indistinguishable. However, by
superimposing site plans for the boat ramp over earlier
photography, it was determined that approximately 1.22 acres of
wetlands (0.70 acres of former marsh, 0.52 acres of former shrub
thicket; Table 1) will be taken by development. A small finger
canal (0.27 acres) extending into the interior of the site from the
Sound will be filled during the process; however, removal of a
construction docking terminal will create 0.19 acres of open water
habitat. Net loss of open water habitat has been estimated at 0.08
i acres. Construction of a new access road specifically designed to
service this facility will result in additional losses (0.94
acres). A total of 2.24 acres of wetland/open water impacts are
attributed to the boating facility (Table 1).
' Initial Mitigation Commitments
Compensatory mitigation for all unavoidable wetland/open water
• losses caused by bridge and roadway construction was addressed in
the 1986 EA and subsequent permit application for replacement of
the Roanoke Sound bridge (NCDOT permit application dated January
19, 1987). Compensation was to be provided through: a) removal of
portions of an old roadbed embankment at the west end of Bridge No.
1 18
4 12 (0.86 acres); b) creation of new wetlands within right-of-way
limits, or on properties acquired in', the general vicinity of the
4 project; c) restoration of impacted wetlands at the construction
staging area; and d) construction of new canals adjacent to
impacted waterways. Commitments were made and approved for 1:1
mitigation replacement.
Whalebone Junction was selected as the primary site for
proposed wetland creation. Approximately 3.80 acres was assumed
available for ameliorative purposes (Bruton memo, 2/23/87).
Portions of the staging area in the southwest bridge quadrant were
later acquired by NCDOT to supplement mitigation needs (1.03
acres).
A number of factors dictated the need for changes in
mitigation strategy. Roadway modifications at the eastern end of
the proposed alignment reduced the potential availability of
Whalebone Junction as a viable mitigation site. At present,
approximately 0.90 acres in interior reaches of the new interchange
can be used for amelioration.
y Development of the WRC public boat ramp will require that the
staging area be removed from mitigation consideration. Disturbed
wetlands and an open water slough which would have been restored
after construction (1.49 acres) will now be utilized for parking
and associated amenities. Likewise, commitments by the NCDOT to
L? remove fill at the old bridge abutment to allow for wetland
creation must be abdicated (0.86 acres).

Q
19
Finally, NCDOT roadway plans have been modified to eliminate
construction of replacement canals along the eastbound lanes of US
64/264 between the juncture of NC 345 and the bridge. It was
unclear after reviewing earlier documentation as to whether or not
consideration had been given to the net loss of stable, black
needlerush marsh which would have resulted from adjacent
replacement. Essentially, the impacts would not have been
mitigated, but transferred to a different community type. In
addition, relocation of existing utilities would be required if new
canals were constructed, resulting in additional project expense
($500,000.00+). After reviewing these considerations with various
resource personnel, it was decided that an alternative mitigation
strategy would be developed to compensate for all open water losses
(4.13 acres).
U
9
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24
Open Water Mitigation
Virtually all of the open water losses (4.13 acres) associated
with this project will occur within constructed canals bordering
eastbound lanes of US 64/264 between the NC 345 intersection and
the new bridge (remnant losses will occur at the boat ramp site).
Initial commitments to replace these channels in marsh communities
adjacent to the roadway have been re-evaluated.
The NCDOT proposes the implementation of shellfish bed
enhancement measures as mitigation for unavoidable takings. Close
coordination with the DMF has already been initiated to develop a
plan of action for creation of 8.26 acres of oyster producing
habitat in the Roanoke Sound` (see Mike Marshall, DMF memo,
4/15/91, in Appendix). A combination of seed oyster relaying and
cultch planting will be utilized. The DMF has selected a number
of potential sites in the Roanoke Sound where enhancement efforts
can be concentrated (Figure 4). Open water mitigation will be
undertaken on a 2:1 basis in an effort to fully compensate for lost
functions and values of impacted aquatic systems. The NCDOT will
! provide monetary compensation for implementation of these measures
(estimated at $39,235.00') as well as additional manpower,
transportation, and support, as requested by the DMF.
' --------------
-------- g ------------------------------
Acreage and cost estimates in the Marshall memo have been
expanded - with approval from DMF - to provide full 2:1 mitigation
for all open water takings.

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Wetlands Mitigation
Planned improvements will result in unavoidable adverse
impacts to 6.39 acres of wetlands along the existing US 64/264
alignment. In an effort to provide full compensation for all
losses, a number of sites and mitigation strategies were
considered. However, alternatives were constrained by a number of
factors including site availability, cost, and the uncertainty of
derived gains in resource value. Although eight sites were
evaluated, three sites have been selected for creation or
restoration. The NCDOT proposes to provide compensation for all
wetland losses on an acre-for-acre basis, in keeping with
commitments stipulated in the 1986 EA/FONSI.
Considered Sites
1. Filling and spoil deposition has created several acres
of contiguous uplands bordering US 64/264 near the
intersection of NC 345. Because this privately owned
tract abruptly grades into open expanses of black
needlerush marsh, opportunities are potentially available
for creation of wetlands adjacent to US 64/264. However,
the NCDOT recently acquired a 17-ft wide strip of this
land for right-of-way at a cost of $5.00/sq. ft., or
$217,800 per acre. This site is considered cost
prohibitive for mitigation purposes.
2. A number of spoil islands, collectively known as the
"Carolina Cays" are situated along western margins of
Roanoke Sound near the bridge. These islands could
potentially be graded and planted to create additional
estuarine wetlands. However, the Cays are privately
owned, and a sales contract is currently being negotiated
which will allow for residential/resort development on
the islands. Although acquisition costs were not made
available by the Dare County investment group acquiring
the properties, indications were given that $200,000/acre
would not be considered unreasonable. These islands are:
•1) unavailable for acquisition, and 2) cost prohibitive
for mitigation consideration.
27
Several small, isolated pine hummocks are scattered
3
.
throughout the black needlerush marsh on slight
elevational rises in the immediate vicinity of the
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project corridor. - Although limited in s
distribution, these systems provide habitat diversity and
variety in a monocultural environment. In spite of
elevational differentiation from the surrounding marsh,
most of these sites are expected to exhibit wetland
characteristics. Pine hummocks were eliminated from
mitigation consideration based on wetland concerns,
isolated access, potential disruptions to existing
derived
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habitat, and unrealized gains in resource va
from modification.
The U.S. Fish and Wildlife Service has offered a diked
4
.
impoundment in the Alligator Wildlife Refuge for
potential mitigation use. The dike is approximately 17
feet in width and raised 2-3 feet above surrounding
maritime shrub wetlands (wax myrtle, marsh elder, sea-
myrtle, etc.). The site is isolated with poor access.
Preliminary calculations indicate that approximately 2
acres could be graded to wetland elevation and planted
for mitigation. However, NCDOT Division personnel
determined that site preparation (grading and removal of
spoil) expenses may exceed $75,000/acre, exclusive of
ite was eliminated from mitigation
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planting costs.
consideration because of site preparation costs, and
negligible gains in resource value which would be derived
from modification.
The Town of Manteo has offered property at the town's
5
.
sewage treatment facility for mitigation use.
hich currently constitute the
Approximately 5+ acres w
facility's aerator beds will soon be abandoned to make
way for a new and larger treatment plant. The site is
located inland, surrounded by pine woodlands. Although
the aerator beds could conceivably be graded and planted
with hydrophytic species, extensive clearing and grading
would be required. Out-of-kind wetland replacement would
be realized. This site was eliminated from consideration
because of potential site preparation costs, and
questionable gains in mitigation value derived from out-
of-kind replacement.
I Selected Sites
1. Whalebone Junction. Approximately 0.90 acres in interior
-reaches of the interchange at Whalebone Junction will be
graded and planted with a mixture of wax myrtle, yaupon,
and sea-myrtle. Elevations will correspond to
topographic levels noted in shrub wetlands adjacent to
C
28
the existing alignment (approximately 3' MHW). This
action will provide in-kind, on-site compensation for
approximately 21% of the, maritime shrub impacts
attributed to NCDOT/WRC construction.
2. Mann's Harbor. An upland spoil area, approximately 1.51
acres in size, is located adjacent to SR 1105 near the
entrance to the NCDOT port facility at Mann's Harbor.
Created in the early 1980s during construction of the
ferry docking terminal, this property is currently used
for storage of construction spoil and overflow parking.
The site abuts a black needlerush/saw grass marsh,
providing excellent opportunities for re-establishment
of similar habitat on spoil lands. The NCDOT proposes
to grade the area to surrounding marsh elevations and
plant with a 50;50 mix of Juncus and Cladium. In-kind,
off-site replacement for approximately 55% of the black
needlerush marsh losses will be realized at this site.
3. Pea Island National Wildlife Refuge - waterfowl
impoundments. The NCDOT recently constructed two
waterfowl impoundments on the Pea Island Refuge near
Rodanthe as mitigation for previous highway projects.
The ponds are currently in early stages of succession,
surrounded by wide zones of sparsely vegetated sand. The
FWS has offered 5.58 acres (4.89 acres around the
northernmost impoundment and 0.69 acres around the small
southernmost pond) for potential mitigation. However,
1.6 acres have been prioritized for mitigation associated
with wetland losses caused by construction of the groin
at Bonner Bridge, leaving 3.98 acres for US 64/264
amelioration. The NCDOT, under the direction of FWS
Refuge staff, intends to construct a gentle gradient
extending from existing pond margins out to surrounding
shrub thickets in a circular pattern around the
impoundment, allowing for ground water saturation and
periodic inundation. Graded areas will be planted with
Scirpus robustus which will serve as ground cover and
function as a potential food resource for waterfowl.
Although the Pea Island site represents off-site, out-
of-kind mitigation, it is believed that derived gains in
wetland functions and values generated through creation
of emergent wetlands around the impoundments will more
than compensate for the loss of wetland resources
adjacent to the US 64/264 alignment. This site is
intended as amelioration for unmitigated takings of black
needlerush marsh (45% or 1.23 acres), maritime shrub
wetlands (75% or 2.63 acres), and remnant pine flatwood
wetlands (100% or 0.12 acres).
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PLANTING PLAN
Site plans and mitigation planting schemes for the three
proposed wetland mitigation properties (Whalebone Junction, Mann's
Harbor, and Pea Island Refuge) are shown in Figures 5, 6, 7.
Labor and materials for grading, site preparation work, and
planting will be provided by the NCDOT. At the Pea Island site,
state forces will be under the direction of FWS personnel to insure
that appropriate grade elevations have been achieved, and correct
planting procedures utilized. Site work at Whalebone Junction and
Mann's Harbor will be supervised by the NCDOT Roadside
Environmental Unit (formerly known as the NCDOT Landscape Unit),
with assistance from the NCDOT Planning & Environmental Branch.
Plant materials will come from nursery stock, acquired from
local suppliers. Bulrush sprigs utilized at Pea Island will be
planted on 3' centers over the approved mitigation area, as
recommended by FWS Refuge personnel. Saw grass and black
needlerush sprigs will be planted on 2' centers at the Mann's
Harbor site. Shrub vegetation (1 gallon container plants)
transplanted at Whalebone Junction will be placed randomly
throughout the 0.90 acre mitigation area (average: 10' centers).
Osmocote slow release fertilizer (14-14-14) will be placed in the
transplant hole of all species at the rate of 1 ounce per plant at
the time of planting. Transplantation will take place between
March and. early June, allowing plants to stabilize and set root
during the spring growing season.
30
Site Specifications
Whalebone Junction
Acreage: 0.90 acres
Action: Creation, shrub-scrub wetlands
Plants: Wax myrtle (Mvrica cerifera)
Sea-myrtle (Baccharis hamifolia)
Yaupon (Ilex vomitoria)
Planting scheme: Mixture of wax myrtle, sea-myrtle,
and yaupon planted randomly (average
10' centers). Total plants: 392.
Each plant will receive a side
dressing of 14-14-14 Osmocote
fertilizer at time of planting.
Costs:
Plants: $6.00/plant . . . . . . $2,352.00
Fertilizer: 1 ounce/plant
$45/fifty pound bag .. $45.00
Labor (NCDOT): $1,000/acre . . . $900.00
Grading/site prep (NCDOT):
$2,000/acre .. $1,800.00
Total: $5,097.00
NCDOT Mann's Harbor
Acreage: 1.51 acres
Action: Creation/restoration, emergent, brackish water
marsh
Plants: Black needlerush (Juncus roemerianus)
Sawgrass (Cladium iaimensense)
Planting scheme: 16,445 plants. 50:50 scattered mix
of black needlerush and sawgrass
planted on 2' centers. Each plant
will receive a side dressing of 14-
14-14 Osmocote fertilizer at time of
planting.
Costs:
t Plants: $.40/plant .. $6,578.00
1 Fertilizer: 1 ounce/plant
$45/fifty pound bag $945.00
Labor (NCDOT): $1,000/acre .. $1,510.00
Grading/site prep (NCDOT):
$2,000/acre $3,020.00
Total: $12,053.00

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31

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31
Pea Island National Wildlife Refuge - Waterfowl
Impoundments
Acreage: 3.98 acres for US 64/264 mitigation
1.60 acres for terminal groin mitigation
5.58 total acres
Action: Creation, emergent, freshwater/brackish
wetlands
Plants: Bulrush (Scirpus robustus)
Planting scheme: 27,007 plants planted on 3'
centers. Each plant will receive
a side dressing of 14-14-14 Osmocote
fertilizer at time of installation.
Costs:
Plants: $0.40/plant $10,802.80
Fertilizer: 1 ounce/plant
$45/fifty pound bag . . . . . $1,530.00
Labor (NCDOT): $1,000/acre .. $5,580.00
Grading/site prep (NCDOT):
$2,000/acre . . . . . . . .. $11,160.00
Total: $29,072.80
Cost attributed to US 64/264 mitigation: 70% _ $20,350.96
Cost attributed to terminal groin mitigation: 30% _ $8,721.84
Total Mitigation Costs
Mitigation costs for each site and phase of the US 64/264 plan
have been detailed in the above referenced discussions. The
following is a synopsis of mitigation costs associated with this
effort:
Open water mitigation
Wetland mitigation
$39,235.00
$46,222.80
TOTAL
$85,457.00
'1
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32
MONITORING PLAN

The NCDOT proposes the following monitoring strategy for the
three wetland mitigation sites where creation/restoration efforts
will be undertaken:
1. Monitoring will be conducted over a two year period by
NCDOT's Roadside Environmental Unit. The NCDOT will
coordinate with FWS Pea Island National Wildlife Refuge
personnel to determine monitoring responsibility and
accessibility at the waterfowl impoundments.
2. Sites will be inspected prior to planting (PP), at
planting time (AP), within one (1) month after planting
(1 MO), one (1) year following planting (1 YR), and two
(2) years following planting (2 YR). The following data
will be collected at specified times:
! Proper elevation and grade PP
Soil test PP, 1 MO, 1 YR, 2 YR
Acceptable plant species/quality AP
Proper planting methods/spacing AP
Survival rate (estimated %) 1 MO, 1 YR
Approximate height of plants 1 MO, 1 YR, 2 YR
Site photographs, selected views 1 MO, 1 YR, 2 YR
Areal coverage (estimated 1 YR, 2 YR
- Planted species
- Planted species + natural succession
3. All species planted will be monitored for survival and
areal coverage. During the monitoring interval, remedial
action will be considered, if needed.
4. Creation success will be based on: a) survival by 50% of
the planted species after two years, and b) 50% areal
coverage by all species after a two year period.
5. In the event that these two conditions are not met,
consultation will be held among staff of NCDOT Planning
and Environmental Branch, NCDOT Roadside Environmental
Unit, the N.C. Division of Coastal Management, the Corps
of Engineers, Wilmington District, the U.S. Fish and
Wildlife Service, and other federal review agencies.
Monitoring criteria will be evaluated, and necessary
-recourse actions will be considered.
3
f 33
?i
Sample forms which will be used for wetland monitoring can be
found in the Appendix.
Monitoring of shellfish bed enhancement sites and the
establishment of success criteria will be the responsibility of the
DMF. The NCDOT will provide assistance as requested, and will
report findings to appropriate permit review agencies.
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United States Department of
FISH AND WILDLIFE SER'
Raleigh Field Office
Post Office Box :33726
Raleigh, North Carolina 2763
January 15, 199
Colonel Walter S. Tulloch
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attn: Regulatory Branch
Dear Colonel Tulloch:
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This is the report of the Fish and Wildlife Service (Service) on
Public Notice 199103389, dated December 17, 1991. The North
Carolina Department of Transportation, Division of Highways has
applied for a Department of the Army permit to place fill in
wetlands and shallow estuarine waters associated with the widening
of U.S. Highway 64/264 approaches to the Washington Baum Bridge,
crossing Roanoke Sound, between Manteo and Nags Head, Dare County,
North Carolina. This report is submitted in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661 et seq.), and Section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543). It is to be
used in your determination of compliance with 404(b)(1) guidelines
(40 CFR 230) and in your public interest review (33 CFR 320.4) as
they relate to protection of fish and wildlife resources.
According to information provided in the Public Notice, the
applicant proposes to widen the east and west approaches to the
Washington Baum Bridge to 4 and 5 lanes from the U.S. 64/264
junction with N.C. 345 on Roanoke Island, to Whalebone Junction,
where U.S. 64/264 terminates at U.S. 158/N.C. 12. Mitigation for
the proposed road expansion is combined with two adjacent projects.
The current proposal to expand the east and west approachways to
the Washington Baum Bridge, the completed Washington Baum Bridge
replacement (Public Notice SAWC087-N-028-0188, February 10, 1987),
and a proposed North Carolina Wildlife Resources Commission boat
ramp at the western foot of the bridge (Public Notice 199103312,
September 17, 1991) would result in the following total losses of
wetlands, shallow estuarine waters, and manmade canals: 2.74 acres
of black needlerush marsh, 3.53 acres of roadside maritime
scrub/shrub, 0.12 acre of pine flatwoods, and 4.32 acres of open
water habitats.
The Department of Transportation has accepted the mitigation
responsibility for all of these impacts and proposes: 1.51 acres of
marsh creation at Manns Harbor, near Department of Transportation
port facilities; 3.98 acres of marsh creation at Pea Island
National Wildlife Refuge impoundments; 0.90 acre of maritime
scrub/shrub creation at Whalebone Junction; 8.26 acres of shellfish
bed enhancement throughout Roanoke Sound; and 0.19 acre of
estuarine open water creation at the Wildlife Resources Commission
boat ramp site. The marsh creation at Pea Island is also offered
as partial restoration of maritime scrub/shrub losses and full
compensation for pine flatwoods losses. The Public Notice does not
clarify whether NCDOT proposes mitigation for the later two
habitats on an in-kind or out-of-kind basis.
Service policy regarding mitigation of damage to habitats considers
both the value of those habitats to fish and wildlife and their
relative scarcity. The brackish marsh, shallow estuarine waters,
maritime scrub/shrub, and pine flatwoods that would be affected by
the proposed project have high fish and wildlife resource value and
are considered to be relatively scarce on a national and regional
basis. Wetlands, such as these, provide valuable nesting,
roosting, and foraging habitat to resident and migratory waterfowl,
songbirds, wading birds, and shorebirds. Other resident wildlife
species expected to occur in project area wetlands include marsh
rabbit, opossum, raccoon, and numerous reptiles and amphibians.
The unvegetated shallow estuarine waters that would be affected by
the proposed project also provide high quality nursery and foraging
habitat to numerous estuarine organisms.
Vegetated wetlands in the project area provide plant detritus to
estuarine waters and contribute to the production of recreationally
and commercially important fisheries and shellfisheries. Project
area wetlands perform water quality functions such as reduction of
excessive dissolved nutrient levels and removal of suspended
sediment.
The Service's Mitigation Policy (Federal Register, 46(15):7656-
7663, January 23, 1981) for impacts to special aquatic sites (i.e.,
wetlands) requires the minimization of impacts by avoidance or
reduction, and the compensation of unavoidable impacts. For
wetlands in the project area, the Service requires full replacement
of fish and wildlife habitat values by restoration, enhancement, or
creation of corresponding wetland types (i.e, replacement in-kind).
The project, as described in the Public Notice, represents a
significant reduction in marsh impacts from the original proposal.
This results from the deletion of a proposed roadside canal through
brackish marsh to replace the one that would be filled along the
western approach.
The mitigation plan described in the Public Notice will probably
replace the fish and wildlife habitat values that would be lost due
to the project. However, the Public Notice does not fully describe
the details of the plan: i.e., specific maps of the off-site
locations, elevations, planting schemes, and monitoring plans.
These details are apparently provided in a separate mitigation
proposal that was not included with the Public Notice.
To compensate for the loss of fish and wildlife habitat values that
would occur in the period between the commencement of construction
and commencement of off-site mitigation, mitigation should be
conducted simultaneously with construction.
Based on the above concerns,
Department of the Army permit
following modifications and
conditions to the permit:
the Service recommends that the
issued for this project include the
mitigative measures as special
1. The applicant shall provide their mitigation proposal to
the Fish and Wildlife Service and National Marine
Fisheries service for review, comment and approval prior
to permit issuance.
2. All off-site mitigation measures shall be commenced
concurrently with project construction.
The Service has identified no endangered or threatened species, nor
critical habitats that would be adversely affected by the proposed
project. Therefore, the requirements of Section 7(c) of the Act
are fulfilled. However, obligations under Section 7 of the Act
must be reconsidered if: (1) new information reveals impacts of
this project that may affect listed species or critical habitat in
a manner not previously considered; (2) this project is
subsequently modified in a manner which was not considered in this
review; or (3) a new species is listed or critical habitat
determined that may be affected by the project.
The Service appreciates the opportunity to comment on this project.
Please advise us of any action taken by the Wilmington District,
Corps of Engineers. You may contact David Dell, Permit
Coordinator, of this office if you have any question regarding our
recommendations.
Sincerely,
a /;//, dk
A. Mike Wicker
Acting Supervisor
s t_ g.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
December 27, 1991
Regional Offices Dr. Larry Goode, Director
Asheville Programs, Policy and Budget
George T. Everett, Ph.D.
Director
704251-6208 N.C. Department of Transportation
Fayetteville P. O. BOX 25201
919/486-1541 Raleigh, N.C. 27611-5201
Mooresville
704/663-1699 Dear Dr. Goode:
Raleigh Subject: Certification Pursuant to Section 401 of the Federal
9191733-2314 Clean Water Act,
Washington Improvements to US 64/264 from N. C. 345 to U. S. 158
919/946-6481 Project # 91666
Wilmington Dare County
919/395-39W
Attached hereto is a copy of Certification No. 2654 issued
Winston-Salem to N.C. Dept. of Transportation dated December 27, 1991.
919/89966--7007 7007
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Attachments
dot64264.1tr
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional
Washington DEM. Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
rett
Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] / Pollution Prevention Pays
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States
and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 2H, Section .0500 to
N.C. Department of Transportation pursuant to an application
filed on the 8th day of October, 1991 to improve US 64/264
between NC 345 and US 158 including Baum Bridge.
The Application provides adequate assurance that the
disposal of fill material into Roanoke Sound and its tributaries-
in conjunction with the proposed road and bridge improvements
in Dare County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to
prevent significant increase in turbidity outside the area
of construction or construction related discharge (increases
such that the turbidity in the Stream is 25 NTU's or less
are not considered.significant).
2. Mitigation shall be at least as astringent as that specified
in the August 1991 Mitigation Proposal prepared by Environ-
mental Services, Inc.
3. This Certification shall expire three years from the date of
issuance of the 404/CAMA permit.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 27th day of December, 1991.
DIVISI IRONMENTAL MANAGEMENT
11or e T. Eector
WQC# 2654
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 2, 1991
IN REPLY REFER TO
Regulatory Branch
S: December 2, 1991
Action ID. 199103389 and NCDOT Nos. R-2304 and B-2301
Mr. John Dorney? 117
Water Quality Section
Division of Environmental Management OCTi991
r s
North Carolina Department of Environment,
r
Health and Natural Resources i.?
Post Office Box 27687 k-ka °,' r-r L^
Raleigh, North Carolina 27611-7687,??13t? ,
Dear Mr. Dorney:
Enclosed is the application of the North Carolina Department of
Transportation, Division of Highways, for Department of the Army authorization
and a State Water Quality Certification to place fill material in the
waters/wetlands of Roanoke Sound, associated with improvements to U.S. Highway
64/264 between North Carolina Highway 345 and U.S. Highway 158, including
approaches to the Roanoke Sound (Washington Baum) Bridge, Dare County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by December 2, 1991, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, telephone
[phone].
Sincerely,
%G- ne Wri
Chief, Regulatory Branch
Enclosure
DEC-12-1991 1025 FROM EHNR WASH REG OFFICE TO
DIVISION OF ENVIltONME TAL MAIMEMMMT
PROJECT N : /1(C.? ?•
COWM., a
STREAI.4 OR ADJACENT WATER BODY : ?'C
BASINS OPEN OR CLOSED:
STORMWATER PLAN REQ'D: (Y OR N
IF YES, DATE PP OVER:
PROJ?ECTj DESCRIPTION: - log
l-%, Q
1 919 733 9919 P.01
Ahm
CLASS : Q
o-R SHVII.FIS-RING
ASS TO I F
DATE APP. REC'D.: / (YY/MM/DD) JOINT NOTICE (Y/N)
INITIAL REPORT: (YY/ME/DD) RECOMMENDATION: ?s.,.?.
FINAL REPORT: ?(?/PQ?f/DD) (ISSUE/DENY/OTHER)
WATffit UALITX CER . 401
CERT. ES (Y 0 N
IF YES : (Y OR N)
: G
TYPE GEN. (INDIVIDUAL CERT:!
(BULKHEAD, BOAT , ETC.)
SEWAGE DISMAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COMM)
17 BY DENT, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE?_(Y OR N)
WATER/WETI.A» FILM. • r?'QrC .
AREA OF FILL : WATER.
?JtG-$?,,, cep
WETLAND: (Y OR N)
IS FILL ELIMINATING A SIGNIFICANT USE. „ 6
DREW
AE
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
f'
RESOURCE? /V_(Y OR N) AREA TO E DREDGED
IS SPOIL DISPOSAL ADEQUATELY ADI)RESSED? (Y OR N)
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
CLOSURE OF SHELLFISHING WATER:
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
cc : WaRO - Dorney Cent:r
TOTAL P.01
Post-11- brand fax transmittal memo 7571 # of POWs ' ?
Z d.w STAip°
STATE OF NORTH CAROLINA
DEPARTMENT OF 1I?ANSPORTATION
JAMES B. HUNT. JR DIVISION OF HIGHWAYS SAM HUNT
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
March 8, 1994
Office of Coastal Management
Department of Environment, Health and
Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
ATTENTION: Mr. John Parker
SUBJECT: Dare County, Improvements to US 64/264 from NC 345 to
US 158 at Whalebone Junction, Including Approaches to
Roanoke Sound (Washington Baum) Bridge, NCDOT Nos. R-
2304, B-2301, State Project No. 6.059001T.
Dear Sir:
Please reference Coastal Area Management Act Permit #27-92,
which was issued to the North Carolina Department of
Transportation on March 4, 1992. Permit conditions 17 through 21
dealt with a compensatory mit.?_ation plan, as was set forth in the
August 1991 Mitigation Proposal, pry red for NCDOT by
Environmental Services, Inc.
As part of this mitigation plan, NCDOT was to grade areas at
the Pea Island National Wildlife Refuge and near the Manns Harbor
Ferry Maintenance Facility to proper wetland elevations, and plant
approved wetland species at these sites. At the Pea Island site,
approximately 27,000 bulrush plants (Scirpus robustus) were to be
planted, and at the Manns Harbor site, approximately 8,000 plants
each of black needlerush (Juncus roemerianus) and sawgrass
(Cladium jaimensense)_.were to-be-planted.--
Grading at these two sites has recently been completed.
However, we have been unable to obtain appropriate numbers of each
species to allow planting to take place this year. Specifically,
we would not be able to obtain any sawgrass plants this dear. Up
to 1,000 needlerush.and 2,000 bulrush plants may be available
during June or July of this year. The Department does not believe
that plants obtained and planted in the summer will have a high
probability of survival. We are therefore in the process of
entering into a contract with a nursery to grow the required
numbers of each plant. These plants will be available by April 1,
1995, and will be planted shortly thereafter. This schedule
should allow for the maximum chance for survival of the plants.

t
This information is being provided to keep the various
interested parties informed on the progress of this mitigation
effort. If you require any further information, please contact
Mr. Doug Huggett of the NCDOT's Environmental Unit at (919) 733-
9770.
Sincerely,
B. Q inn, P. E.
Assistant Branch Manager
Planning and Environmental Branch
BJO/dvh
cc: District Engineer, COE
Mr. John Dorney, DEM, DEHNR
Mr. Jim Johnson, Pea Island National Wildlife Refuge
Mr. W.D. Johnson, Roadside Environmental
Mr. Don Connor, P.E., Division 1 Engineer

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27511-5201
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
September 18, 1
Office of Coastal Management N
Department of Environment, Health and
Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
ATTENTION: Mr. John Parker
SFp ST
kq'?i X991
A/annrn Q?? dJ
gerd vry
DIVISION OF HIGHWAYS
AM G. MARLEY, JR., P.E.
iIGHWAY ADMINISTRATOR
SUBJECT: Dare County, Improvements to US 64/264 from NC 345 to
US 158_at Whalebone Junction, Including Approaches to
Roanoke Sound (Washington Baum) Bridge, NCDOT Nos. R-
2304, B-2301, State Project No. 6.059001T.
Dear Sir: _
North Carolina Department of Transportation is in the
process of completing plans for improvements to US 64/264 between
NC 345 on Roanoke Island and the US 158/NC 12 intersection at
Whalebone Junction. These improvements comprise the second pease
of a two phase construction plan for this stretch of highway. In
phase I of the construction plan, the swing span bridge over the
Roanoke Sound (Washington Baum Bridge No. 12) was replaced with a
new fixed span, high rise, four lane facility. Phase II involves
widening to 4 and 5 lanes the existing 2.1 miles of two lane
approaches on either end of Bridge 12. The plans also include
provisions for the replacement of the Melvin Daniel Bridge (No.
14) with a new bridge structure. Phase I construction activities
were authorized under the following permits; LAMA Permit No. 79-
87, Water Quality Certification No. 2039, Corps of Engineers
General Permit No. SAWCO 80-N-000-0291, issued April 22, 1987.
The North Carolina Wildlife Resources Commission (NCWRC) has
proposed to construct a public boat launching facility in the
southwest corner of the area under bridge 12. Under a Memorandum
of Understanding (MOU) between NCDOT and NCWRC, NCDOT has agreed
to allow this area.to be used by NCWRC for this purpose. NCDOT
has also agreed to provide mitigation for the wetlands losses
associated with the NCWRC boat ramp facility as part of the
mitigation plan for phases I and II of the Washington Baum Bridge
An Equal Opportunity/ Affirmative Action Employer
x
replacement and US 64/264 roadway improvements. NCWRC is,
however, solely responsible for obtaining all required permits for
the boat launching facility. The NCWRC CAMA application package
was received coMplete by the Division of Coastal Management on Aug
27, 1991. .
Compensatory mitigation for unavoidable wetlands loss
associated with the replacement of the Roanoke Sound Bridge was to
be provided by; a) removal of portions of an old roadbed
embankment at the west end of Bridge 12, b) creation of new
wetlands within existing right of way, or on acquired land in the
general project vicinity, c) restoration of impacted wetlands at
the construction staging area, and d) construction of new canals
adjacent to canals slated to be filled.
Whalebone junction was selected as the primary wetland
creation site, possessing a potential 3.8 acres of area suitable
for mitigation purposes. 1.03 acres'of wetlands were also to be
created at a portion of the staging area in the SW bridge
quadrant.
Several factors have occurred which now necessitate changes
in our mitigation proposal. Design modifications to the roadway
plans at Whalebone Junction will reduce the available acreage
available for wetlands creation from 3.8 acres to 0.9 acres: The
development of the NCWRC boat launching facility will require that
the staging area in the SW bridge quadrant be removed from
consideration as a mitigation site. 1.49 acres of disturbed
wetlands and an open water slough that were to be restored after
construction activities concluded now are scheduled to be used as
a boat ramp parking facility. The boat ramp and associated
facilities will also lead to the deletion of NCDOT's commitment
to remove fill at the old bridge abutment. Alternative measures
are proposed to offset mitigation commitments made during the
Phase I permit process.
NCDOT has also revised the roadway design plans to eliminate
canal replacements along the east-bound lanes of US 64/264 between
NC 345 and Bridge 12. It was felt that by constructing new canals
into a established black needlerush (Juncus roemerianus)
community, the impacts of open water loss associated with the
filling in of the existing marsh would not be mitigated, but would
be transferred to another community type (brackish marsh). NCDOT
will propose an alternative mitigation plan for the open water
loss associated with US 64/264 roadway improvements.
Enclosed you will find the permit application and associated
drawings depicting the proposed work. Also included is a
mitigation plan which will mitigate for wetlands impacts-
associated with both phase I and phase II of the improvements to
US 64/264, as well as any losses that have resulted as a
consequence'of the development of- the NCWRC boat launching
facility. This mitigation plan is a part of a re-evaluation of
the environmental effects of the proposed improvements. This re-
evaluation was necessary due to a modification of the roadway
design found in NCDOT's 1986 Environmental Assessment/Finding of
No Significant Impact (EA/FONSI). Also enclosed for your
information is a copy of the MOU between NCDOT and NCWRC, in which
NCDOT agrees to mitigate for wetlands losses incurred by the
construction of the NCWRC boat launching facility.
The North Carolina Department of Transportation is requesting
that the proposed work be authorized under the appropriate CAMA
permit as indicated by the above mentioned activ' By copy of
this letter, we are also requesting issuance of 1 W ter Quality
Certification from the N.C. Division of Environ 1 Management
and a U.S. Army Corps of Engineers 404 Permit.
If you require any further information, please contact Mr.
Doug Huggett of the NCDOT Planning and Environmental unit at (919)
733-9770.
Sincerely,

L.R. Goode, Ph.D., PE
Director, Programs, Policy and Budget
LRG/dvh
cc: strict Engineer, COE
vMr. John Dorney, DEM, DEHNR
Mr. Kelly Barger, PE, Project Management Unit
Mr. Don Morton, PE, Highway Design Branch
Mr. A.L. Hankins, PE, Hydraulics
Mr. John Smith, PE, Structure -Design
Mr. Dennis Pipkin, PE, Environmental Unit
Mr. N.L. Graf, PE, FHWA
Mr. W.D. Johnson, Roadside Environmental
Mr. David Foster, DEHNR
Mr. C.O. White, PE, Division 1 Engineer
Mr. Jim Lee, PE, Bridge Maintenance Unit
1000N - Ad00
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Division of Coastal Management=
Field Offices
Raleigh Central Office
N.C. Department of Environment,
Health & Natural Resources
P.O. Box 27687
225 N. McDowell Street
Raleigh, N.C. 27611-7687
[phone]
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, N.C. 28402
[phone]
Elizabeth City
Route 6, Box 203
Highway 17 South
Elizabeth City, N.C. 27909
[phone]
---.;•.-;--- --- -.. ----------------- G? -
Gates
r Hertford
• s
-' 4 o
t, 9G•

Bertie odd'

% r
Washington Tyrrell
;
'Beaufort
Washington
P.O. Box 1507.
1424 Carolina Avenue
Washington, N.C. 27889
[phone]
Craven
>,,*'Onslow Pender
i
New
Hanover
Wilmington
Brunswick 127 Cardinal Drive Extension
Wilmington, N.C. 28405.
[phone]
% V
G
Pamlico
Carteret
Morehead City
P.O. Box 769
3411 Arendell Street
Morehead City, N.C. 28557
[phone]
1-800.682-2632
Hyde
G7
v
Dare
1000N -- Ad00
Please type orprint. Carefully describe all anticipated
development activities. including construction. excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name ATTN: Dr. L.R. Goode, P.E.
Director, Programs, Policy & Budget
AddressN.C- QanartmPnt of TranSpnr_Zratl
P. 0. Box 25201
City .2alBlab State North Carn1 ina
Zip 27611 Dayphone 919-733-2031
X Landowner or Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
N/A
2 LOCATION. OF PROPOSED
PROJECT
L Street address or secondary road number
b. City, town, community, or landmark
Manteo
C. County Da re
d. Is proposed work within city limits or planning
jurisdiction? N o
e. Name of body of water nearest project
Roanoke Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Public roadway own pd and operated
by NCDOT
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
NAw wnrk
c. Will the project be for community, private, or
commercial use?
Bran Public
d. Descri N Abe the planned use of the project.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A
b. Size of individual lot(s)
N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
N/A
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract N /A
f. Man-made features now on tract N/A
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan)
Conservation Transitional
Developed Community
x Rural Other
h. How is the tract zoned by local government?
N/A
i. How are adjacent waters classified?
N/A
j. Has a professional archaeological survey been
carried out for the tract? N/A If so, by whom?
3/91
1000N - AdOO
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
developmem

9

a. Type and number of buildings, facilities, or
structuresproposed N/A
b. Number of lots or parcels N/A
C. Density (Give the number of residential units and the
units per acre.)- N/A
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N /A
f
. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surf Nc/ess, such as pavement, buildings, rooftops.
. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asphalt
. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
hi.
Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have N these facilities received state or local approval?
k. Describe existing treatment facilities.
N/A
I. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Surface Runoff
2
m. Water supply source N/A-
n- If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.'
N /A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?- N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wets or below
M1 1W
Upland fill
areas
Length Width Depth

26
400 'Y'om
,
C
Y . •a { •> :;yam,
.
.
E
. .... ... . .
b. Amount of material to be excavated from below
water level in cubic yards None
c. Type ofmaterial _ N/A
d. Does the area to be excavated include marshland,
swaNmps, or other wetlands?
e. High ground excavation, in cubic yards
N/A
3/91
WOON - Ad00
f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area
N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
c. Shoreline erosion during preceding 12 months, in
feet None Pvident
d. Type of bulkhead material Rock emba n kme n t
e. Amount of fill, in cubic yards, to be placed below
meanhigh water _1600
f. Type of fill material -Rock embankment
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? Y e s
1. Amount of fill in cubic yards 26400
in. Type offillmaterial Suitable Roadway Materials
n. Source of fill material N/A
-o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled
30' x 5400'
q. How will excavated or fill material be kept on site
and erosion controlled?
Strandard NCDOT Erosion control measures
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Tvofical heavy roadway nnctrurtin?,
material
s. Will wetlands be crossed in transporting equipment
to project site? Nn If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 1200'
b. Average distance waterward of mean high water or
normal water level 91
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1R x 11 white paper. (Refer to Coastal Resources
Commission Rule 710203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwatermanagement plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/'91
1007N - Ad00
Name
Address
Name
Address
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment. Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
Projcea , 1
C? A
This is the d y of
X 4M A
Land weer or Authorized agent
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
4
3/91
1000N - Ad00
MEMORANDUM OF UNDERSTANDING
BETWEEN
N.C. Wildlife Resources Commission
AND
N. C. Department of Transportation
I. AUTHORITY
This MEMORANDUM OF UNDERSTANDING is.entered into
by and between the North Carolina Wildlife Resources
commission, acting by and through its Executive Director,
hereinafter called the COMMISSION, and the North Carolina
Department of Transportation, acting by and through the
State Highway Administrator, hereinafter called the
DEPARTMENT.
II. INTRODUCTION
WHEREAS, the COMMISSION plans to develop a public
boating access facility on the west end and south side of
the Washington-Baum Bridge site, in Dare County, and
WHEREAS, the DEPARTMENT had set aside a portion of this site
for wetland mitigation as part of the LAMA permit approval
for construction of the new Washington-Baum Bridge
NOW, THEREFORE, the parties hereto agree as follows:
III. TERMS
A. THE COMMISSION SHALL:
1. Be responsible for planning and designing the
boating access area.
2. Acquire all necessary permits to develop this
site into a public boating access area.
•3. Be responsible for completing the wetland
mitigation work, previously intended for this
site, should the boating access area not
be constructed.
B. THE DEPARTMENT SHALL:
LOOON - AdOO
1• Permit right of way encroachment by the
COMMISSION for developing access roads,
parking areas and boat ramps at this site.
2.. Include mitigation associated with
development of this boating access area,
as part of their Comprehensive Mitigation
Plan for bridge relocation and highway
expansion:
3. Design and construct proper turn lanes into
the access area,_as part of the road
expansion project and at no cost to the
COMMISSION.
C. IT IS MUTUALLY AGREED:
1. That any mitigation associated with
development of this boating access facility
will be made on available U. S. Fish and
Wildlife Service property, or on existing
public trust lands, that will not require the
COMMISSION to purchase property for this
minor mitigation purpose.
IV. EFFECTIVE DATE:
IN WITNESS WHEREOF, the parties hereto have executed
the Memorandum of Understanding as of the last date
written below.
NORTH CAROLINA WILDLIFE RESOURCES
COMMISSION
By _j?24Z j
Title C'
Date
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
By
Title
Date /49/
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BASIN
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N.C. DEPT OF TRANSPORTATION
DIVISION OF HIGHWAYS
DARE COUNTY
PROJECT 6.059001T (R-2304)
IMPROVEMENTS TO US 64-264
SHEET 3G, OF 39

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PROPERTY OWNERS:
1. Aurthur L. Midgett
Route 1, Box 1256
Manteo, North Carolina 27954
2. Russell E. Twiford
P. 0. Box 99
Elizabeth City, North Carolina 27909
3. Shepherd Nathan
1010 S. Ocean Boulevard
Pompano Beach, Florida 33062
4. Roanoak Harbor, Inc.
P. 0. Box 47
Manteo, North Carolina 27954
5. Roanoak Properties, Inc.
4938-A Windy Hill Drive
Raleigh, North Carolina 27609
N.C. DEPT OF TRANSPORTATION
DIVISION OF HIGHWAYS
DARE COUNTY
PROJECT 6.059001T (R-2304)
IMPROVEMENTS TO US 64-264
SHEET 39 OF 39
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