20081177 All Versions_Meeting with property owner at U-3462 Mitigation Site_20150114

Baker, Virginia
From:Herndon, Mason
Sent:Friday, March 20, 2015 10:01 AM
To:Baker, Virginia
Subject:FW: Meeting with property owner at U-3462 Mitigation Site
Attachments:U-3462 Mitigation Site Photos 021015.pdf
Good Morning Ginny,
Please see the e-mail below that Randy Griffin sent this morning regarding the Smith Ave Mitigation site in Brunswick
County. This is an issue that we’ve known about for quite some time (that is why the site was proposed as a herbaceous
site). Given that fact that we knew that this site was proposed as a herbaceous site and none of the planted species
require pruning, I don’t have a problem with DOT developing a pruning plan that could be reviewed and commented on
by the agencies. Most of the woody species in question appear to be on the slopes anyway. Hopefully the pruning plan
would be conservative and not jeopardize the survival of the plants, stability of the slopes, still provide some shading of
the stream system (although I’m not sure if they currently provide any shading of the system) and still provide some
habitat benefits. In regards to the reed species along the guardrail, Randy is correct that these, mainly ornamental
species, have always been on the site and pruned by the property owner, so I definitely don’t see an issue with that
practice continuing. To the best of my memory they have to be pruned occasionally because they interfere with the line
of sight of people pulling out of the parking lot onto US 17 Bus.

What are your thoughts on this request?

MH

Mason Herndon
NCDENR, Division of Water Resources
Transportation Permitting Unit
Fayetteville/Wilmington Region
[e-mail]
Phone: [phone]

E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Griffin, Randy W
Sent: Friday, March 20, 2015 9:06 AM
To: Herndon, Mason; [e-mail]; Lane, Stephen
Cc: Law, Anthony W; Hughes, Benjamin T; Mathis, Stonewall D; Westphal, Anneliese
Subject: FW: Meeting with property owner at U-3462 Mitigation Site

Mason/Brad/Stephen
Hope you guys are doing well. Please see the e-mail below. This is in regards the situation along UT to Charles Branch,
where DOT removed the culvert at the old entrance. As you know, we have had an issue with the planted buffer being
mowed along the right bank, just at the culvert removal site. I have been in contact with the Division and we have
added more signs in this area. DOT planted larger tree stock in this area in January, 2015 (I think) and we had been in
discussion with Anthony Law and Anneliese about contacting the owner of the property to make them aware of the
mitigation site and the encroachment on the R/W.

The Division met with Mr. White in Feb. to review and several questions arose. I was called during the meeting to clarify
some of the specifics about the site. I explained the permit requirements for the area along the UT b/w Smith Ave & the
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parking lot. The planted buffer cut not be maintained. Mr. White was not concerned with this area, but did express
concerns that are depicted in the attached photo, that is b/w 17 Bus & parking lot. This portion of the site is more a
herbaceous wetland and his concerns appear to be at the toe of the slope with woody stems. That being said, what are
your thoughts about pruning/maintaining of woody species only along toe of slope just inside R/W. Obviously if
allowable, DOT would have to determine a process with specifications and locations to closely monitor any
pruning. Remember we just had an issue last fall where a couple of willow were cut on US 17 Bus side at toe, which REU
removed debris from site and stump treated.

As far as the reed species growing immediately behind the guardrail around the parking lot. I believe some of this is on
the R/W slope and some is off the R/W and has been mowed in the past possibly by the property owner.

Anyway, DOT has made Mr. White fully aware that the site was used for compensatory mitigation and that we would
have to coordinate with you guys prior to making any decisions. Mr. White is also going to discuss the mowing issue at
the old entrance with the landscaping company that performs that work. Hopefully that issue will be resolved now.

Anneliese/Anthony/Ben,
If I left anything out regarding the situation, please add.

Thanks for all.

From: Westphal, Anneliese
Sent: Monday, February 16, 2015 11:35 AM
To: Griffin, Randy W
Cc: Law, Anthony W; Hughes, Benjamin T; Mathis, Stonewall D
Subject: Meeting with property owner at U-3462 Mitigation Site

Randy,
On February 10, 2015, I met with Mr. Robby White (property owner), Anthony Law (District Engineer), and Ben Hughes
(Senior Assistant District Engineer)at the Smith Avenue Project’s (U-3462) Charles Branch Mitigation Site in Brunswick
County. Anthony had requested the meeting so that we could discuss mowing and vegetation removal within the
NCDOT R/W at the mitigation site. We discussed the importance of a vegetated buffer to the tributary which was
restored as a part of the project and gave Mr. White an aerial image with the R/W indicated. He agreed to ask the lease
holders of the businesses to stop mowing within the R/W. We also pointed out the trees that were planted recently and
asked that they not be disturbed.

Also discussed was a request that Mr. White had of NCDOT. He inquired about the possibility of yearly maintenance of
woody species at the toe of the slope and within the marsh (which are both within the R/W). He is also requesting
maintenance of the (non-woody) Phragmites or Phragmites-like reed near the guardrail section at the US 17 business
(Main Street) entrance to the parking lot. The reason for his request is for visibility of his property from US 17 business
(Main Street). I understand his request to be regarding the area between the parking lot and US 17 business (Main
Street). Specifically he would like the taller species cut to the approximate height of the marsh vegetation. The woody
species at the toe of slope and within the marsh which seemed higher than the surrounding vegetation appeared to be
willow trees, wax myrtle, and groundsel tree (Baccharis spp.). It is not his intention to cut any of the vegetation within
the R/W between the parking lot and Smith Ave. I have attached images of the vegetation that we discussed with him.

I understand that this request will need to be evaluated in consideration of the existing mitigation plan and the
monitoring of this area and in coordination with the appropriate regulatory agencies.

Please let me know if I can provide any further information.

Thank you,
Anneliese

2

Anneliese Westphal
Environmental Specialist
NCDOT - Division 3
5501 Barbados Blvd
Castle Hayne, NC 28429
Phone: [phone]

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
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