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HomeMy WebLinkAbout20140196 Ver 1_Mitigation Information_20140318e�� � � _� � � � ,� - -- � ���� STATE OF NORTH CAROLINA DEPARTIV�NT OF TRANSPORTATION PAT MCCRORY GOVERNOR February 11, 2014 Beth Harmon NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 SUBJECT: Pender County Bridge 144 Replacement Project Mitigation Request WBS # 17BP.3.R.26 Dear Ms. Harmon: ANTHONY 7. TATA SECRETARY NCDOT is requesting an acceptance letter to authorize mitigation payment for impacts for the Pender County Bridge 144 Replacement Project. The site is located on SR 1102 Morgan Road in Pender County over Colly Creek in the Cape Fear River Basin near the Pender and Bladen County line. The Cataloging Unit number is 03030006. The DWR ID number is 18-68-17 and the Water Quality classification is C Sw. The project proposes to replace Pender County Bridge 144 with a bridge. There would be permanent stream and wetlands loss as a result of this project. Sufficient onsite mitigation is proposed to address the perxnanent stream impacts. However, the USACE is requiring mitigation for the 0.20 acre loss of wetlands at a 2:1 ratio (0.40 acres total needed). NCDWR is not requiring mitigation. The wetlands proposed to be impacted appear to be Riverine Swamp Forest. Please see the attachments for your review in this regard. Thank you for considering this proposal. If you have any questions or need addirional information please contact me at (910) 341-2036. Attachments Sincerely, Stonewall Mathis Division 3 Environmental Officer SSOI BARBADOS BLVD. CASTLE HAYNE, NC 28429 Phone:(910)341-2000 Fax:(910)675-0143 Mr. Stonewall Mathis NCDOT Division 3 Environmental Officer North Carolina Department of Transportation 5501 Barbados Boulevard Castle Hayne, North Carolina 28429 Dear Mr. Mathis: � Ecos stem y PROGRAM February 11, 2014 Subject: EEP Mitigation Acceptance Letter: Division 3 Project, Replace Bridge 144 over Colly Creek on SR ll 02 (Margan Road), Pender County; WBS Element 17BP.3.R.26 The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory riparian wetland mitigation for the subject project. Based on the information received on February 11, 2014, the impacts are located in CU 03030006 of the Cape Fear River basin in the Southern Outer Coastal Plain (SOCP) Eco-Region, and are as follows: Cape Fear Stream Wetlands Buffer (Sq. Ft.) 03030006 Non- Coastal SOCP Cold Cool Warm Riparian Zone 1 Zone 2 Riparian Marsh Impacts 0 0 0 0.20 0 0 0 0 (feedacres) This impact and associated mitigarion need were under projected by the NCDOT in the 2014 impact data. EEP will commit to inlplement sufficient coinpensatory riparian wetland mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F3.c.iii of the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigarion acceptance letter will be required from EEP. 8420. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707- �cerely, ,-� , ��,,<�, / �- �°,`"` ' _� Jaia�e B. Stanfill ' EEP Asset Management Supervisor cc: Mr. Brad Shaver, USACE — Wilmington Regulatory Field Office Ms. Amy Chapman, Division of Water Quality, Wetlands/401 Unit Mr. Steve Sollod, Division of Coastal Management Ms. Linda Fitzpatrick, NCDOT — PDEA File: SR ll 02 — Bridge 144 — Division 3 R.P.StOV'GGG�... � � ... P�'OtP.GtGI� OGf,f'' .StG{,tP� ��L, NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-707-8976 / http://portal.ncdenr.orgweb/eep Mitigation Plan Pender Bridge 144 Replacement Project Currie, Pender County, NC WBS No. 17BP.3.R.26 February 25, 2014 1.0 Baseline Information The North Carolina Department of Transportation proposes mitigation for the unavoidable impacts to jurisdictional features associated with the Pender Bridge 144 replacement project on SR 1102 Morgan Road approximately 0.1 miles north of NC 210 in the Currie area of Pender County. NCDOT proposes to perform on-site mitigation for unavoidable permanent stream impacts. Also, NCDOT proposes off-site mitigation through the Ecosystem Enhancement Program (EEP) for unavoidable wetland impacts. The onsite mitigation would provide for 202 linear feet of stream relocation at a 1:1(mitigated:impacted) ratio as further described herein. The offsite mitigation would provide for a 2:1(mitigated:impacted) ratio for the 0.20 acres of permanent wetland impact losses associated with the project. The acceptance letter from the EEP for the offsite wetland mitigation is included with the permit application documentation. Please note that most of the discussion of this mitigation plan document is devoted to the proposed onsite stream mitigation although there is more discussion in regard to the offsite mitigation as it pertains to the associated impacts. Please note that references herein to the mitigation site are in reference to the onsite mitigation should it not otherwise be reiterated as onsite mitigation throughout this document. This project is located on Colly Creek, an unnamed tributary to Colly Creek, and abutting riparian wetlands within USGS Hydrologic Cataloging Unit 03030006, and NC Division of Water Resources sub- basin 03-06-20 of the Cape Fear River Basin. The site is located on SR 1102 Morgan Road approximately 0.1 miles north of NC 210 in the Currie area of Pender County. The onsite mitigation area is entirely within the NCDOT right of way. The adjacent land uses to the mitigation site are the roadway of SR 1102 to the east and upland and riparian forest systems otherwise. There is evidence of some past clearing activities to the west of the upper reaches of the mitigation site judging from the lack of mature canopy in that area, however, it is not thought that this would be detrimental to the success of the onsite mitigation proposal. Three jurisdictional features are associated with the roadway project area those being Colly Creek, an unnamed tributary to Colly Creek, and the abutting Cypress-Gum Swamp community located within the floodplain and abutting areas of Colly Creek. Colly Creek has been assigned Stream Index Number 18- 68-17 with classification of C Sw. Colly Creek scored a perennial score of 41.5 on the NCDWQ Stream Identification Form. The unnamed tributary to Colly Creek scored 28 on the NCDWQ Stream Identification Form, however, the unnamed tributary was ultimately rated as perennial based on the best professional judgment of the reviewer; see the NCDWQ Stream Identification Form for more information in this regard. The wetlands associated with this project are classified as riverine swamp forest according to the NC Wetland Assessment Method. 1 2.0 Site Selection The mitigation site is immediately adjacent to the west side of SR 1102 Morgan Road and runs from approximate Station 10+65 LT to 12+67 LT (12+67 LT being the point of discharge to Colly Creek). The mitigation site currently consists of wooded areas part upland and part wetland. The new stream channel would be constructed as shown on the attached plans including a smooth tie in of the constructed channel portion to the down gradient wetlands to ensure a successful transition between the constructed channel and naturally cut channel as further described. Approximately 135 feet of the proposed stream relocation of 202 feet would be constructed while the remaining 67 feet would occur by the forces of nature cutting the new channel through the down gradient wetland area upon turning water into the newly constructed channel portion. The stream relocation would be stabilized by means of appropriate vegetation as described herein. 3.0 Site Protection Instrument The mitigation site would be managed to prohibit all use inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of the site, consistent with the mitigation plan as described herein. Please note that the road fill side of the mitigation effort would be routinely mowed to near water's edge much as the existing situation and as conceptually depicted on Permit Drawing SRF-1. The side of the stream opposite the road fill, however, would be planted as further described herein and allowed to grow to maturity. Also, the site would be signed appropriately near the road side edge of water of the UT to indicate the mitigation site to help deter inadvertent impacts. The site is designated on the plan sheets as a mitigation area and will be placed on the Natural Environment Section's Mitigation GeoDatabase. This database is provided to all NCDOT personnel as a record of mitigation sites and their attributes, including prohibited activities. NCDOT is held by virtue of the permits associated with this mitigation site and the associated roadway impacts to protect the site in perpetuity. 4.0 Obiectives The goal of the proposed mitigation is to offset permanent impacts due to construction of the Pender Bridge 144 replacement project. The Pender Bridge 144 replacement project proposes to permanently impact 0.21 acres of wetlands by filling of 0.14 acres, mechanized clearing of 0.06 acres, and excavation of 0.01 acres. It should be noted that the 0.01 acres of excavation is for making a smooth transition of the constructed portion of the stream relocation to the down gradient wetlands to facilitate the natural stream channel cutting through said wetlands. Thereby, the referenced 0.01 acres of excavation, while a permanent impact, should not be considered a loss of wetlands but rather an enhancement to the successful mitigation effort as described. So, the remaining 0.20 acres (0.14 acres of fill and 0.06 acres of inechanized clearing) have been accepted by EEP to be mitigated offsite at a 2:1 ratio. 2 The Pender Bridge 144 replacement project proposes to permanently impact 213 linear feet of the unnamed tributary to Colly Creek. This impact is due to the necessity of creating a safer standard road fill section. Options were investigated to avoid said stream impacts. Piping the UT under the road was investigated but was determined to not be practical due to resultant impacts and economics as such considered pipe would likely have to be bored and jacked. Also, the use of 1.5:1 roadway fill slopes was investigated but the toe of the fill would still intercept the middle of the existing stream resulting in permanent impacts to the stream. So, it was determined to relocate the stream and provide a natural design to hopefully achieve the safer standard roadway section and attain a stream that will ultimately be as good as that being impacted. Please note that the first 10 feet of the proposed 213 feet of permanent stream impacts should not be considered a loss of waters but rather are for dewatering measures as well as tie in of the new stream channel portion to the existing channel portion at around station 10+55 to 10+65. The referenced 10 feet is shown as permanent impact on the plan sheets and impact table (the 10 feet is included as part of the 213 feet) due to the potential nature of this area to be permanently changed with the tie in, but again this section should not be considered permanent loss of stream as that same channel bottom section would more or less be retained. So we have 203 feet (213 feet permanently impacted minus the 10 feet not a permanent loss) of permanent stream loss resultant. The mitigation effort proposes to relocate the stream and provide 202 feet of stream in return. As previously discussed,135 feet of the relocated stream would be constructed while the remaining 67 feet would be cut out by the forces of nature upon turning the water into the newly constructed channel portion. Please note that the first 30 feet (approximate station 10+65 to 10+95) of the relocated stream portion would have rip rap toe protection/bank stabilization to protect that bend area and likely sensitive area considering the historic flow in that location. So, the mitigation effort proposes to relocate 202 feet of stream to offset the 203 feet of permanent stream loss. NCDOT proposes that this onsite mitigation serve as full and complete mitigation for the unavoidable permanent stream impacts associated with the Pender 144 Bridge replacement project. 5.0 Miti�ation Work Plan The mitigation site would be constructed in conjunction with the construction of the Pender Bridge 144 replacement project. The stream relocation would be accomplished by excavating the existing uplands as well as the wetland tie in area both as previously described and also depicted on the attached permit drawings. Target channel bottom elevations, channel bottom widths, and floodplain widths for the constructed stream relocation portion have been established based on field observations and survey information. There is a document entitled Stream Relocation Information Sheet included in the permit application package which provides information in regard to the referenced targets. Also, this target information can be seen on the permit drawings; please see detail B on Permit Drawings 2, 3, and EC-4A as well as the cross section permit drawings for more info. These targets would be achieved as part of the construction process of the Pender 144 Bridge replacement project. The 135 foot long constructed stream section as previously described would be matted with coir fiber matting and seeded with a native riparian seed mixture to provide short term as well as long term stabilization of the constructed stream section. Also the disturbed wetland area in the near vicinity of the down gradient tie in point would also be seeded with this native riparian seed mixture. Seed of a temporary nature such as rye 3 grain or millet may be incorporated into the seed mixture to help ensure quick stabilization of the area. Please note that the road fill area even in the vicinity of this relocated stream section would be seeded with a typical road shoulder mixture to near the water's edge on the road side of the unnamed tributary. Upon achievement of stabilization via the coir fiber matting and successful vegetative cover, and with agency approval, the stream would be turned into the newly constructed channel portion. The anticipation is that the water would naturally cut through the wetlands area from approximately station 12+00 LT to Station 12+67 LT to the discharge point with Colly Creek thereby creating the final 67 feet of the relocated stream. At the appropriate planting season, the stream bank opposite the road fill as well as the floodplain bench area would be stabilized by use of live staking depicted as TYPE 1 on the Permit Drawing SRF-1; this would consist of live stakes of black willow (Salix nigra) and silky dogwood (Cornus amomum). The remaining slope from the floodplain bench up to the slope stake line and far top of bank area would be planted with the TYPE 2 planting as shown on Permit Drawing SRF-1; this planting would consist of a near equal mix of laurel oak (Quercus laurifolia), bald cypress (Taxodium distichum), and tulip poplar (Liriodendron tulipifera). Please note that the Permit Drawing SRF-1 does not show a floodplain bench area, however, the floodplain bench area would be treated with the TYPE 1 planting while the slope from flood plain bench to slope stake line and beyond would be treated with TYPE 2 planting as described above. The NCDOT Division 3 Environmental Office shall be contacted to provide construction assistance to ensure that the mitigation areas are constructed appropriately. An as-built report will be submitted within 60 days of completion of the project. 6.0 Performance Standards The NCDOT Division 3 Environmental Office shall be contacted prior to and during construction to provide oversight and ensure that the site is graded to match the target channel bottom elevations, channel bottom widths, and floodplain widths. Be that as it may, considerable design effort supported by field observations and surveyed data has already been invested in said targets as shown on the permit drawings. Achievement of these targets shall suffice for success for the structure of the stream channel and floodplain areas. Also, the NCDOT Division 3 Environmental Office shall ensure that the site is planted as per the plan discussed herein. Success for vegetation monitoring within the stream relocation area is based on the survival of planted woody vegetation and coverage of seeded herbaceous vegetation. Upon successful completion of construction, the following monitoring strategies are proposed for the mitigation site. NCDOT will document monitoring activities on the site in an annual report distributed to the regulatory agencies. � �� 7.0 Monitorin� Requirements The target elevations, channel widths, and floodplain widths will be verified as part of the construction process. The vegetation shall be planted as proposed. NCDOT shall monitor the relocation area by visual observation and photo points for vegetation survival. NCDOT shall monitor the site for a minimum of three years or until the site is deemed successful. Monitoring will be initiated upon completion of the site planting. 8.0 Other Information None 9.0 Determination of Credits Based on discussions with the agencies and per the NCDOT plans and per the NCDCM and 401/404 permit applications for the Pender Bridge 144 replacement project, NCDOT proposes to relocate on site 202 linear feet of the unnamed tributary to Colly Creek. This represents an onsite ratio of 1:1 (mitigated:impacted) for the perennial UT. NCDOT proposes that this onsite mitigation serve as full and complete mitigation for the unavoidable permanent stream impacts of 213 linear feet (of which 203 feet are permanent stream loss as previously described). An as-built report would be submitted within 60 days of completion of the mitigation site to verify actual mitigation areas constructed and planted. The success of the mitigation areas and determination of final credits would be based upon successful completion and closeout of the monitoring period. 9.1 Credit Release Schedule NCDOT proposes immediate, full release of the proposed mitigation as on-site mitigation for unavoidable permanent stream impacts associated with the Pender Bridge 144 replacement project. 10.0 Geographic Service Area The proposed Geographic Service Area (GSA) for the mitigation area is composed of the 8-digit Hydrologic Cataloging Unit (HUC) 03030006. 11.0 Maintenance Plan The site as described herein will be held by NCDOT and placed on the NES mitigation geodatabase. Once monitoring is completed and the site is closed out, it would be placed in the NCDOT Stewardship Program for long term maintenance and protection. If an appropriate third party recipient is identified in the future, then the transfer of the property will include a conservation easement or other measure to protect the natural features and mitigation value of the site in perpetuity. S 12.0 Lon�Term Adaptive Mana�ement Plan The site will be managed by the NCDOT according to the mitigation plan. Encroachments into the area will be investigated and appropriate measures taken to minimize any negative effects. In the event that unforeseen issues arise that affect the management of the site, any remediation will be addressed by NCDOT in coordination with the appropriate regulatory agencies. 13.0 Financial Assurances NCDOT is held by permit conditions associated with the Pender 144 Bridge Replacement Project to preserve the mitigation site. NCDOT has established funds for each project and within each Division to monitor the mitigation site and to protect it in perpetuity. �