20061693 Ver 3_More Info Received_20070312

d~ «~3
-`~~~~
~~~ IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
March 8, 2007
Action ID No. SAW 2006-41559-142
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Thorpe:
~~,f_
~~.
~;;
~.~;
~~
rt`I, ~~
,~~„
' `~"'
Reference the Department of the Army (DA) Nationwide Permit 23, Categorical Exclusion,
issued to you on January 30, 2007, associated with the replacement of Bridge No. 82 on NC
Highway 561 over Marsh Swamp, Federal Aid Project No. BRSTP-561 (1), State Project No.
8.1301901, T.I.P. B-3853, Halifax County, North Carolina. Also reference your subsequent
written request dated March 6, 2007, for a permit modification to impact additional jurisdictional
wetlands associated with the construction of an access driveway.
The proposed modification will require additional fill material which will permanently impact
0.03 acres of jurisdictional wetlands. The additional impacts are needed to construct a driveway
so an adjacent properly owner can access their property in the project area.
This modification request was coordinated with the appropriate State and Federal agencies
and the coordination revealed no objections to this modification request. Therefore, the permit is
hereby modified in accordance with the specific work activities described above and in
accordance with the revised submitted construction plans. It is understood that all conditions of
the original permit remain applicable and that the expiration date is unchanged. In addition,
based on the revised wetland impacts for the project and an error in the title (Marsh, not Morgan)
of the Swamp in special condition b, Special Condition (a) and (b) of the original permit is
hereby modified as follows:
a. Onsite wetland restoration to restore 0.48 acres of riverine swamp wetland will be
undertaken pursuant to NCDOT's July 6, 2006, document titled "Marsh Swamp Wetland
Restoration Plan at Bridge No. 82 on NC 561, Halifax County, TIP # B-3853" which was
included with NCDOT's October 18, 2006, nationwide # 23 and 33 application for the
replacement of Bridge # 82. According to that document, NCDOT is proposing to restore 0.48
acres of riverine swamp wetland by removing an abandoned causeway and connecting road back
to wetland elevations using target elevations of the existing adjacent wetlands. Additionally,

NCDOT will restore 0.304 acres of proposed temporary fill in jurisdictional wetlands needed for
the onsite detour to pre-construction contours. All restoration areas will be planted at a density
of 680 trees/acre on 8 foot centers with the following species: Swamp Chestnut Oak (Quercus
michauxii), Cherry-bark Oak (Quercus falcate), Willow Oak (Quercus phellos), Black Gum
(Nyssa sylvatica), Water Tupelo (Nyssa aquatica), and Bald Cypress (Taxodium distichum). All
species of trees don't need to be utilized but no one species can encompass more than 33% of the
total restoration area. The restoration areas (abandoned causeway and temporary detour road)
will be photo-documented immediately prior to planting, upon completion of the initial planting
and any required replanting operations. NCDOT will provide an as-built plan to USACE,
including corner stake GPS coordinates, documented qualities of plant materials, final elevations,
and photo documentation within 45 days of completion of work. The mitigation will be
commenced within the first growing season immediately after the construction of TIP No. B-
3853 has been completed. NCDOT will be responsible for monitoring the area for a period of 3
years. Site conditions will be assessed at the end of each growing season during the 3-year
monitoring period. NCDOT will provide an annual monitoring report by December 1 of each
year documenting success, including: photo documentation, and problems, if any, encountered
during the monitoring year timeframe. If at the end the third and final year of monitoring, the
success criteria (survival of 320 three year old planted trees per acre and wetland hydrology
present) are not met, a re-evaluation of the site will be made by NCDOT and USACE to
determine a course of action to meet the permit requirements for this permit. The Wilmington
District, U.S. Army Corps of Engineers, Regulatory Division; must approve any deviation from
this schedule. 0.274 acres of the abandoned causeway restoration if successful will be credited
towards the mitigation requirements for this project. The remaining 0.206 acres may be used for
a future project in the same watershed pending U.S. Army Corps of Engineers approval.
b. All temporary fill material placed in wetlands will be placed on soil stabilization cloth to
aid in the removal of temporary fill. All temporary fill material will be stabilized to prevent
temporary fill from entering Marsh Swamp or adjacent wetlands outside the permitted work area.
All temporary fill material in wetlands and waters will be removed to pre-construction contours
within 30 days of completion of the project.
Any questions regarding this correspondence may be directed to Mr. William Wescott,
NCDOT Coordinator/Regulatory Project Manager at the Washington Regulatory Field Office,
telephone [phone], extension 31.
Sincerely,
vy ~ f Br~~~'G~
U
William J. Biddlecome
Regulatory Project Manager
2

Copies Furnished:
Mr. Rob Ridings
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Ms. Kathy Matthews
USEPA-Region 4 Wetlands Section
109 T.W. Alexander Drive
Durham, North Carolina 27711
Mail Code : E143-04
3