20050787 Ver 1_Complete File_20060203

Permit Class
MODIFICATION/MAJOR
Permit Number
42-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
,ton Coastal Resources Commission
rrmtt
for

X Major Development in an Area of Environmental Concern WO/Y
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548
Authorizing development in Beaufort County at the crossing of Pot Gut, Shop Gut, and
Snode Creek, SR 1963, east of Aurora, as requested in the permittee's application dated 8/23/05, including
attached (7) workplan drawings dated 1/11/06.
This permit, issued on 1/31/06 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Campbell Creek Mitigation Site
1) This Major Modification authorizes the construction of wetland mitigation for the 1/1 replacement of
approximately 4,090 sq. ft. of Coastal Wetlands in accordance with Permit Condition No. 19 of
CAMA Major Permit No. 42-03.
2) This Major Modification does not convey or imply approval of the suitability of this site for
compensatory wetland mitigation for any other project. The use of any portion of this site as
compensatory mitigation for future projects shall be determined on a case-by-case basis during the
CAMA permit review and/or consistency process.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
N.C. Department of Transportation Permit # 42-03
Page 2 of 3
ADDITIONAL CONDITIONS
3) Excavation of the channel shall not exceed -2 feet below the normal water level. In no case shall the
depth of excavation exceed the depth of connecting waters.
4) The permittee shall minimize the crossing of wetlands to the maximum extent practicable. Mats shall be
used when crossing wetlands to minimize temporary wetland impacts.
5) No excavation of wetlands or waters is authorized by the permit, except for those areas depicted on the
attached workplan drawings.
6) All excavated materials shall be confined above normal water level and landward of regularly or
irregularly flooded vegetated wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any vegetated wetlands or surrounding waters.
7) Construction staging areas shall only be situated in uplands and shall not be situated in wetlands or
waters of the State.
8) Except as modified herein, mitigation shall be carried out as described in the document titled "Campbell
Creek Wetland Mitigation Plan" dated January 2004 and the attached seven workplan drawings dated
1/11/06.
9) Any subsequent changes to the mitigation plan authorized by this CAMA permit shall require additional
authorization from the N.C. Division of Coastal Management.
10) An as-built report for the mitigation site shall be submitted to the N.C. Division of Coastal Management
within 90 days after the mitigation site has been constructed.
11) Annual monitoring reports for the mitigation sites shall be provided to the N.C. Division of Coastal
Management (DCM) for a minimum of five years after mitigation site construction, or until mitigation
success criteria are met, whichever is longer. Annual monitoring reports shall include photos,
hydrologic data from monitoring gauges, an evaluation of that data, and an assessment of whether
success criteria are being met, the extent coverage of invasive species, and any proposed solutions or
remedial actions. After five years, monitoring may cease if the permittee can demonstrate that success
criteria have been met and written concurrence is received from DCM.
12) If this site is to be used as Coastal Wetland mitigation for future project impacts, written concurrence
shall be obtained from the N.C. Division of Coastal Management (DCM) that post-construction
monitoring demonstrates that hydrologic and vegetative success criteria have been met.
13) Mitigation or other remedial actions shall be required for the 4,090 square feet of permanent impacts to
Coastal Wetlands authorized by this permit and the 630 square feet of temporary impacts to Coastal
Wetlands authorized by this Major Modification if the mitigation site fails to meet its hydrologic and
vegetative success criteria within 5 years of project construction.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit # 42-03
Page 3 of 3
NOTE: The Wetland Permit Impact Summary table, dated 1/11/06, reflects a reduction of temporary
wetland impacts on the south side, or Site 2, as follows: freshwater marsh impacts were reduced to
270 sq. ft. from 6210 sq. ft. and brackish marsh (Coastal Wetlands) impacts were reduced to 630 sq.
ft. from 2,125 sq. ft. The temporary freshwater marsh impacts on the north side, or Site 1, remain
unchanged at 20,760 sq. ft.
Sedimentation and Erosion Control
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
16) This project is in a High Quality Water Zone, and therefore must comply with the Design Standards in
Sensitive Watersheds, 15A NCAC 4B .0124.
General
17) This major modification must be attached to the original Major Permit No. 42-03, which was issued on
4/1/03, and both documents shall be readily available onsite when a Division of Coastal Management
representative inspects the project for compliance.
18) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
NOTE: The permittee and/or his contractor are urged to meet with the Division of Coastal Management
field representative prior to final grading to assist in determination of reference wetland elevations
for the wetland creation areas.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations
that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 27 (COE Action ID No. 200511238) and Nationwide Permit Number 33 (COE Action ID
No. 200511240), which were issued on 9/27/05.
NOTE: The N.C. Division of Water Quality authorized the proposed project under General Water Quality
Certification Numbers 3495 and 3366 and assigned the project DWQ Project No. 20050787 on
9/22/05.
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North Carolina Department bfn 1 onmeritand `Natural Resources
Division Sof -oast 'I M ' ent
Michael F. Easley, Govemoi`' Charles S.`idhes `DIF&foW "William G, Ross
October 31, 2005
Gregory J. Thorpe, Ph.D.
Environmental Manager Director
Project Development and Environmental Analysis Branch
NC Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe: -
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Secretary
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This letter is in response to your request under the Coastal Area Management Act (CAMA) to
modify CAMA Permit # 42-03 to construct the proposed Campbell Creek Mitigation Site in
Beaufort County. Processing of the permit modification, which was received by the Division of
Coastal Management's Morehead City office on October 13, 2005, is ongoing. However, it has
been determined that additional information will be required prior to the Division taking final
action on your permit modification request. This item is summarized below:
The proposed Campbell Creek Mitigation Site is intended to provide compensatory mitigation
for impacts to 4,090 sq. ft. of coastal wetlands and 2,273 sq. ft. of 404 type wetlands at the
Tetterton Road project, permitted under CAMA permit # 42-03, which was issued on April 1,
2003. The coastal wetland impacts permitted by the CAMA permit were to tidal brackish marsh
made up of Juncus roemerianus, Spartina patens, Cladium jamaicense, Typha spp., and Spartina
cynosuroides. These impacts were permitted with the condition that in-kind mitigation would be
approved and in place prior to the expiration date of the permit (12/31/06).
The invasive species Phragmites australis exists within and adjacent to the proposed wetland
creation sites and is vigorous and expanding. The control of Phragmites australis requires
incessant and intensive chemical and/or mechanical treatments that are incompatible with high
quality coastal wetlands. Section 5.3, Maintenance, Contingency, and Remedial Actions, and
Section 6.4, Long Term Management, of the Campbell Creek Wetland Mitigation Plan, dated
January 2004, does not adequately describe the means or methods that will be used to eliminate,
control, and prevent the return of Phragmites australis.
The permit modification request proposes to permanently impact (excavate) approximately 0.063
acres or 2,744 sq. ft. of coastal wetlands and approximately 0.035 acres or 1,526 sq. ft. of Section
404 wetlands at the Campbell Creek mitigation site. The prevalence of Phragmites australis in
the area, to a large degree, jeopardizes the potential success of the mitigation site. Failure of the
site to attain coastal wetland status as defined in 15A NCAC 07H .0205 will result in additional
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \. Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper
Page 2
rrutigation obligations. -The rul6s' of tli6- -I tai Resources Commission require that--permitt
ed
activi ties -a 6a minimum adverse impac ° rodu_'ti_ "ir rid biologic integrity of coastal
b
ri arshla RN r.has the 0.063, acres coastal 'fl ds that i will4 pacted°at?the Czrnpbell
Creekmngahon site. Therefore; ad 'ton ?nfporm onuued that describe the_means or
methods that will be 'used to eliminate, controh,and preent,the`retuin of Phragmatesfaustralis. It
is necessary that`processing of your permit modification request be placed i abeyance until such
time as'this information is received.
You will be given five working days from the date of mailing. If you can provide to this office
the requested information, DCM staff will continue processing of the permit modification
request and the processing clock will not be suspended. If the required information is not
provided to this office within the specified timeframe, processing of the permit modification
request will be suspended until such time as the requested information is provided. If you have
any questions concerning these matters, please feel free to contact. Steve Sollod by telephone at
(919 733-2293, extension 230, or by email at steve.sollod@Ticmail..net.
[e-mail]:
Sincerely,
Do =9& Major Permits Coordinator
cc: Bill Arrington, DCM
Christina Breen, DWQ
Chris Rivenbark, NCDOT
Steve Sollod, DCM
William Wescott, USACE