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HomeMy WebLinkAbout19910679 Ver 1_COMPLETE FILE_19940714OF 11 6 7f WETLAND MITIGATION PLAN NCDOT Project B-2024, Dare County i Replacement of Bridge 6 over Colington Creek, SR 1217 -- June 1, 1992 1. Type of wetlands impacted: Brackish marsh and aquatic bed (SAV) habitat. 2. Acreage of area impacted: 0.30 acres of brackish marsh and 0.27 acres of aquatic bed habitat will be impacted by bridge construction activities. .03 3. Type of mitigation: Creating on=site, in-kind, -a-W acres of brackish marsh; Debiting remaining 0.26 acres of brackish marsh loss from NCDOT Company Swamp Mitigation Bank, using a 2:1 mitigation ratio; Creating and enhancing, in coordination with NC Division of Marine Fisheries, acres of shellfish bed habitat to mitigate for 0.27 acres SAV impact using a 2:1 ratio. S 4. Erosion control of disturbed soils in the area will be adequately mitigated by strict adherence to NCDOT standard erosion control measures during the construction phase of the project. 5. The existing bridge will be completely removed. Any demolition rubble created by the destruction of this structure will not be deposited in wetlands. Planned replacement of the bridge will be accomplished from portable temporary working platforms placed on temporary piles which will negate the use of barges during construction which would require waterway deepening by hydraulic dredging. 7. Bridge No. 6 impacts 0.57 acres of wetlands by encroachment into areas of marsh and SAV habitat. Mitigation for 0.04 acres of brackish marsh impacted by construction of this bridge will be accomplished on-site and in-kind (see sheet 2 of 12). It is proposed that the remaining 0.26 acres of marsh impact be mitigated by debiting from the NCDOT Company Swamp Mitigation Bank, using a 2:1 mitigation ratio (0.52 acres total). To mitigate for SAV habitat impacts, NCDOT proposes to create r WETLAND MITIGATION PLAN REPLACMENT OF BRIDGE 6 OVER COLINGTON CREEK and enhance, in coordination with NC Division of Marine Fisheries, 0.54 acres of shellfish bed habitat to mitigate for 0.27 acres SAV impact using a 2:1 ratio. 8. Planting for marsh mitigation will consist of sprigging with black needlerush (Juncus roemerianus) on two foot centers over the mitigation areas. Plants will be from nursery stock with some natural revegetation expected to occur. Planting will be carried out between the dates of March 15 and June 15. 9. Fertilization will be in accordance with the project erosion control plan. 10. Mitigation areas of marsh creation will be graded to an approximate elevation of between one and two feet above mean sea level. The final elevation of the mitigation site will correspond to the elevation in the adjacent marsh of the same species as those to be transplanted. The slope used will be equal to or greater than one-half percent. 11. Field measurements and data collection regarding mitigation success will be carried out by the Roadside Environmental Unit of NCDOT. These data will be transmitted to the Planning and Environmental Branch, and after analysis and consultation, the Planning and Environmental Branch will take the necessary action to further coordinate the results with the Division of Coastal Management, the U.S. Army Corps of Engineers, and other appropriate review agencies. If analysis shows that mitigation success criteria are not being met, corrective actions will ensue from these coordination activities. Field evaluations and subsequent coordination will take place in accordance with the time intervals specified in this monitoring plan. The mitigation sites will be inspected prior to planting (PP), at planting time (AP), within 1 month after planting (1 MO), 1 year following planting (1 YR) and 2 years following planting (2 YR). Selected data (listed below) will be collected at specified times. During the monitoring interval, remedial action will be considered if needed. WETLAND MITIGATION PLAN REPLACMENT OF BRIDGE 6 OVER COLINGTON CREEK MONITORING PLAN PP, 1 MO, 1 YR, 2 YR PP quality AP AP 1 MO, 1 YR 1 MO, 1 YR, 2 YR views 1 MO, 1 YR, 2 YR 1 YR, 2 YR .Planted species + natural succession Proper elevation and grade Soil Test Acceptable plant species/plant Proper planting methods/spacing Survival rate (estimated.) Approximate height of plants Site photographs from selected Areal coverage (estimate %) Planted species NCDOT will consider the above plan acceptable if planted species survive at an estimated rate of 50% after two years and the planted stand provides at least 50% areal coverage of salt marsh type and aquatic bed species. (Monitoring data will be available for.all interested agency's review.) In the event that these two conditions are not met and environmental restoration is not considered successful, consultation will be held between the staffs of NCDOT's Planning & Environmental Branch and Roadside Environmental Unit, the Division of Coastal Management, the Corps of Engineers, Wilmington District, and federal review agencies. Participation by other review agencies will be coordinated by the Corps of Engineers, Wilmington District. Monitoring criteria will be evaluated and necessary recourse actions will be considered. WETLAND MITIGATION PLAN NCDOT Project B-2024, Dare County Replacement of Bridge 5 over Colington Cut, SR 1217 June 1, 1992 1. Type of wetlands impacted: Brackish Marsh, Wetland Scrub. 2. Acreage of area impacted: 0.85 acres of brackish marsh, 0.32 acres of wetland scrub. 3. Type of mitigation: Creating on-site, in-kind, 0.54 acres of brackish marsh. Debiting remaining 0.63 acres from NCDOT Company Swamp Mitigation Bank, using a 2:1 mitigation ratio. 4. Erosion control of disturbed soils in the area will be mitigated by strict adherence to NCDOT standard erosion control measures during the construction phase of the project. 5. The existing bridge will be completely removed. Any .demolition rubble created by the destruction of this structure will not be deposited in wetlands. Planned replacement of the bridge will be accomplished from portable temporary working platforms placed on temporary piles which will negate the use of barges during construction which would require waterway deepening by hydraulic dredging. 6. Bridge No. 5 impacts 1.17 acres of wetlands by encroachment into areas of marsh and wetland scrub habitats. The replacement of 0.50 acres of brackish marsh habitat at Bridge No. 5 will be accomplished in-kind and on-site (see permit drawings 2 of 9, 3 of 9 and 4 of 9). It is proposed to debit the remaining 0.35 acres of brackish marsh and 0.32 acres of wetland scrub impacted by construction of this bridge from the NCDOT Company Swamp Mitigation Bank, using a 2:1 mitigation ratio (1.74 acres total) 7. No mitigation of temporary encroachment into sand bottom areas by pile driving activities is proposed, other than reasonable care to minimize disturbance of bottom sediments, and restriction of pile driving to that area required for construction. 8. Planting for brackish marsh mitigation will consist of WETLAND MITIGATION PLAN REPLACEMENT OF BRIDGE 5 OVER COLINGI'ON CUT sprigging with black needlerush (Juncus roemerianus) on two foot centers over the mitigation areas. Plants will be from nursery stock with some natural revegetation expected to occur. Planting will be carried,out between the dates of March 15 and June 15. 9. Fertilization will be in accordance with the project erosion control plan. 10. Mitigation areas of marsh creation will be graded to an approximate elevation of between one and two feet above mean sea level. The final elevation of the mitigation sites will correspond to the elevation in the adjacent marsh. The slope used will be equal to or greater than one-half percent. 11. Field measurements and data collection regarding mitigation success will be carried out by the Roadside Environmental Unit of NCDOT. These data will be transmitted to the Planning and Environmental Branch, and after analysis and consultation, the Planning and Environmental Branch/will take the necessary action to further coordinate the results with the Division of Coastal Management, the U.S. Army Corps of Engineers, and other appropriate review agencies. If analysis shows that mitigation success criteria are not being met, corrective actions will ensue from these coordination activities. Field evaluations and subsequent coordination will take place in accordance with the time intervals specified in this monitoring plan. Monitoring will be conducted over a two year period by NCDOT's Roadside Environmental Unit. The mitigation sites will be inspected prior to planting (PP), at planting time (AP), within 1 month after planting (1 MO), 1 year following planting (1 YR) and 2 years following planting (2 YR). Selected data (listed below) will be collected at specified times. During the monitoring interval, remedial action will be considered if needed. WETLAND MITIGATION PLAN REPLACEMENT OF BRIDGE 5 OVER COLINGTON CUT MONITORING PLAN PP, 1 MO, 1 YR, 2 YR PP quality AP AP 1 MO, 1 YR 1 MO, 1 YR, 2 YR views 1 MO, 1 YR, 2 YR 1 YR, 2 YR Planted species + natural succession Proper elevation and grade Soil Test Acceptable plant species/plant Proper planting methods/spacing Survival rate (estimated %) Approximate height of plants Site photographs from selected Areal coverage (estimate %) Planted species NCDOT will consider the above plan acceptable if planted species survive at an estimated rate of 50% after two years and the planted stand provides at,"least 50% areal coverage of salt marsh species. (Monitoring data will be available for all interested agency's review.) In the event that these two conditions are not met and environmental restoration is not considered successful, consultation will be held between the staffs of NCDOT's Planning & Environmental Branch and Roadside Environmental Unit, the Division of Coastal Management, the Corps of Engineers, Wilmington District, and federal review agencies. Participation by other review agencies will be coordinated by the Corps of Engineers, Wilmington District. Monitoring criteria will be evaluated and necessary recourse actions will be considered. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON September 21, 1992 SECRETARY Department of Environment, Health and Natural resources Division of Marine Fisheries P.O. Box 769 Morehead City, North Carolina 28557-.0769 ATTN: Mr. Mike Marshall Dear Sirs: DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR.. P.E. STATE HIGHWAY ADMINISTRATOR Subject: North Carolina Department of Transportation commitments to mitigate habitat loss thr.u oyster propagation. During the past year, NCDOT has coordinated with your office in an effort to mitigate for unavoidable highway project related habitat losses by creating oyster producing habitat. Your assistance in this matter has been greatly appreciated. To date, environmental permits have been issued for three NCDOT construction projects in which mitigation by oyster propagation has been proposed to offset various environmental impacts. These projects, as well as summaries of our oyster propagation commitments, are summarized below: 1) 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. Commitment : 8.26 acres o sterghahi 2) Dare Co., Replacement of Bridges 5 and 6 over Colingto Cut and Colington Creek on SR 1217, TIP No. B-2024, State Project No. 8.1050301. Commitment : 2.40 acres oyster producing habitat. i V\crea'.eJ. tv2 Z. An C--l llnnnr+??n i+v/Affirm o+ivc Ar+inn 1=mnlnVAr 3) Currituck and Dare Counties,"Bridge across Currituck Sound on US 158, TIP No. R-2418, Project No. 6.041005. Commitment : 5.48 acres oyster producing habitat. The total commitment for these three projects equals 16.14 acres of oyster propagation. NCDOT does not anticipate proposing any additional mitigation by oyster propagation in the immediate future. It is therefore requested that your office supply NCDOT with information on the amount of funds required to meet our environmental commitments. We have been operating under the assumption that the general financial terms set forth in your April 15, 1991 letter to Mr. Jerry McCrain (see attached) are still valid. Please contact us if any significant deviations from these terms are anticipated. As soon as we receive a statement from your office on how the funds should be transferred, NCDOT will begin the process of funding the oyster propagation effort. If you have any questions regarding this subject, or if we may provide any additional information, please feel free to contact me at (919) 733-9770. Sincerely, J , PE Assistant Branch Manager Planning and Environmental Branch cc: Mr. L. J. Ward, PE Mr. J. T. Peacock, PE Mr. Preston Pate, DCM-Morehead City a State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries P.O. Box 769 • Morehead City, Norch Carolina 28557-0769 James G. Iviarcin, Governor William T. Hogarth, Director William W. Cobey, Jr., Secretary (919) 726-7021 MEMORANDUM TO: Jerry McCrain FROM: Mike Marshall (?- DATE: April 15, 1991 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 Ma: 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. -Ilk -2- 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. 1 00 -3- 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 Morehea City office. COST BREAKDOWN Seed oyster harvester $10,000 (harvester head, conveyor, hydraulic system) Seed oyster relaying (12,000 bushels @ $1.00 per bushel) Cultch planting (15,000 bushels @ $.75 per bushel) First Year Cost $27,250 Second Year Cost $ 6,000 TOTAL, $33 25 v^ $12, 000 $11,250 TOTAL $33,250 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 OOV NORTH CAROLINA DARE AND CURRITUCK COUNTIES NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF ENVIRONMENT, HEALTH`AND NATURAL RESOURCES REIMBURSEMENT AGREEMENT PROJECT: B-2301 B-2024 R-2418 R-2304 THIS AGREEMENT, made and entered into this the SOL4 day of. MX14 , 199S , between the DEPARTMENT OF TRANSPORTATION and the DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, both agencies of the State of-'North Carolina, hereinafter referred to as DOT and EHNR respectively; W I T N E S S E T H: WHEREAS, the DOT has three construction projects: in Dare and Currituck Counties which mitigation by oyster propagation has been proposed to offset various environmental impacts caused by unavoidable highway projects by DOT; WHEREAS, at the request of DOT, EHNR has agreed to assume responsibility for this work subject to reimbursement by DOT as hereinafter set out. NOW, THEREFORE, the parties.hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows: - r ,.swcv? ?Y w «• STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT. JR. DIVISION OF HIGHWAYS SAM HUNT GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201 SECRETARY March 19, 1993 MEMORANDUM TO: Mr. John L. Perkinson, Chief Purchase and Contract Section Department of Environment, Health and Natur4l Resources ,CLG?f?Q FROM: Debbie 01 i v e r Program Development Branch SUBJECT: Reimbursement Agreement - B-2301,:6-"202A R-2418 and R-2304 Attached for your file is one fully executed. agreement covering the mitigation by oyster propagation in Dare and Currituck Counties. If I may be of additional assistance, please call me at (919) 733-2039. DO:dk Attachment cc: Mr. C. 0. White Mr. Barney O'Quinn Mr. Doug Huggett Mr. Kelly Barger Mr. Bruce Dillard Mr. Don-Gower i ?I ooppppp? 3. All work shall be done in accordance with state I standards and specifications to meet the conditions set forth in the environmental permits for these projects. 4. DOT shall reimburse EHNR $82,400 for the cost of this work. Reimbursement shall be in two (2) equal payments with the first payment paid within thirty (30) days of the execution of this Agreement and the second payment to be made July 1, 1993. IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of DOT and EHNR by authority duly given. - ATTEST: Jzx DEPARTMENT OF.ENVIRONMENT, HEALTH AND NATURAL RESOURCEES-- BY: TITLE: DEPARTMENT OF TRANSPORTATION BY: G. STATE HIGHWAY ADMI ATOR APPROVED AS TO FORM BY: Z-r af:?? a ATTORNEY GENE AL 00OFF, -2- 1. The following DOT projects require oyster propagation for mitigation purposes: A (A) Dare County - Project B-2301/R-2304; Improvements to US 64/264 from NC 345 to US 158 at Whalebone Junction, including approaches to Roanoke Sound (Washington Baum) Bridge (State Project: 6.059001T) - 8.26 acres (B) Dare County - Project B-2024; Replacement of Bridges #5 and #6 over Colington Cut and Colington Creek on SR 1217 (State Project: 8.1050301) - 2.40 acres (C) Currituck and Dare Counties - Project R-2418; Bridge across Currituck Sound on US 158 (State'Project 6.041.005) - 5.48 acres 2. EHNR shall be responsible for the following activities to meet mitigation requirements: (A) All mitigation shall consist of shell planting for oyster spat attachment. (B) It is anticipated that it will require two (2) summer seasons to establish the required acreage. (C) It is estimated that this work will require 80,000 bushels of cultch material (material for spat attachment)(16 acres x 5,000 bushels/acre). (D) Marl may be used as a substitute due to available supplies of cultch. NC DOT Permit #71-92 Page 2 of 2 ADDITIONAL CONDITIONS 5) A ground cover sufficient to restrain erosion shall be provided within?30-- working days of-completion of any phase of grading on.cut or filled.slopes. 6) The activity will 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 NTUs or less are not considered significant). NOTE: -The Division of Environmental Management approved this project under Section 401 Water Quality Certification No. 2684 issued on January 29, 1992. Mitigation 7) Mitigation-will be carried out in keeping with the attached "Wetland Mitigation Plan" dated 6/1/92, except that, any reference to the Company Swamp Mitigation Bank is hereby deleted. Mitigation.in lieu of that which would have been provided at Company Swamp will be provided in keeping with DOT's July 6, 1992 letter wherein the mitigation is :covered by shellfish bed enhancement.- All enhancement work will.be done in consultation with the .Division of Marine Fisheries and the_Division of Coastal Management. All mitigation must be complete prior to the.expiration of this permit on 12/31/95. _ NOTE: Federal review of this project has not been completed. Therefore, additional approval is necessary.from the Corps of Engineers. Permit Class Permit Number NEW 71-92 STATE OF NORTI CAROLl NA Department of Enyironment;af' Natural Resources Coastal sources Comrss on or' X Major Development man Are 011' ronmental Concern pursuant to N6 JS 113'=;1 & t7?? X Excavation and/or filluig pursuant to NCGS 113-229 Issued to NC Dept. of Transportation, Div. of Hi hwa s P. 0. Box- 25201, Raleigh, NC 27611 authorizing development in Dare County a Col i n ton Creek- at the SR1217 crossi n ? - " Bridge 6 as requested in thepermittee's application date -6/9/92 i ncl udi n attached revised work plan drawings, sheets 1-12 of T2 dated received 6/12/92. This permit, issued on July 29, 1992 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Construction 1) All fill materials will be obtained from a highground source. 2) -The fill material will be clean and free of any pollutants, except in race quantities. 3) All fill and construction materials shall be contained within the approved construction site. 4) Appropriate erosion and sedimentation control devices, measures, or structures shall be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand... fence, etc.). (See attached sheet 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 Departmental approval. All work must cease when the permit expires on December 31,1995 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 X UPLAND DEVELOPMENT an adjoining roadway Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed 4 9 0' bridge over Colington Creek w-/-7-41 wide approach road. b. Number of lots or parcels n / a c. Density (Give the number of residential units and the units per acre.) n / a 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 d. Size of area to be graded or disturbed Approx. 2.7 ac w/in 75' mean water 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?Erosion Control plans to be part of construction pans f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. _AP .QrnX 29% rnariwsy Pavement g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Asphalt h. If applicable, has a stormwarer management plan been submitted to the Division of Environmental Management? n / a h i8h 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) i. Describe proposed sewage disposal and/or waste water treatment facilities. n/a Fill placed in wetland or below MHW Length Width Depth plland fill r / j. Have these facilities received state or local approval? areas k. Describe existing treatment facilities. 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 from hridgp b. Amount of material to be excavated from below water level in cubic yards n / a c. Typeofmaterial muck and organic soils d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 118cv 2 3i91 Permit Number HOED 71-92 STATE OF NORTH CAROLINA t Department of Environment, Oealto Natural Resources CoasfalResources Gom Vision ,p' r J 7 a 7` t ' ;', for lf` X Major Developmentman Area of Enviro lnmental Concern pursuant to NCGS 1113A-11$``; ` ?ZUAJM ? ?t X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Dept of Transportation, Div. of Highways, P.O. Box 25201, Raleigh, NC 27611 authorizing development in Dare County at Col i ngton Creek at the SR1217 crossing - Bri dqe 6 as requested in the permitte 's app lication dated 6/9/92 including revised workplan drawings, sheets 1-12 of 12 dated reed 6?12j?2. i s This permit, issued on December 15, 1992 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit amendment authorizes an adjustment in the Mitigation Plan dated 6/1/92 to substitute the 0.01 acres of on-site marsh planting with 0.01 acres of shellfish bed enhancement. The shellfish bed enhancement is to be carried out in consultation with the Division, of Marine Fisheries and the DCM. 2) This amendment should be attached to the original of permit No. 71-92 issued on 9/29/92. 3) All other conditions and stipulations of the original permit remain in force under this amendment unless altered herein. 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 Departmental approval. All work must cease when the permit expires on In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger W. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO August 14,,1992 Regulatory Branch t) ' °v Action ID. 199103381 and State Permit No. 71-92 Mr. L. J. Ward, Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: cam- 0CEIV? AUG 18 1992 77- DIVISION OF Zv HIGHWAYS.QQ` `? RESEA?? Reference your application for a Department of the Army permit to place fill material in the waters/wetlands of Colington Creek, Kitty Hawk Bay, associated with the replacement of Bridge No. 6 on S.R. 1217, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization, enclosed plans and mitigation proposal. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, e Wrig hie , Regulatory Branch Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 19,-` 1992 Regulatory Branch Action ID. 199103381 and State Permit No. 71-92 Mr. B. J. O'Quinn Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. O'Quinn: Reference your State/Department of the Army permit to place fill material in the waters/wetlands of Colington Creek,'Kitty Hawk Bay, associated with the replacement of;Bridge No. 6 on S.R. 1217, Dare County, North Carolina. Also, reference your letter of October 26, 1992, whereby you requested a permit modification to alter your mitigation plant by reducing onsite marsh planting by 0.01 acre and increasing shellfish bed enhancement by 0.01 acre. This revision has been reviewed and is consistent with the provisions and objectives of our general permit No. CESAW-CO80-N-000-0291. Therefore, you may continue construction activity in strict accordance with modified State authorization. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any additional change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions. or comments may be addressed to Mr. Raleigh Bland, Washington Field office, Regulatory Branch, telephone (919) 975-3694. Sincerely, a ne Wri t hie , Regulatory Branch STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY October 26, 1992 Division of Coastal Management Department of Environment, Health and Natural Resources 225 N. McDowell Street Raleigh, North Carolina 27611 Attention: Mr. John Parker r e V DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR SUBJECT: Dare Co., Replacement of Bridges 5 and 6, SR 1217, TIP No. B-2024, State Project No. 8.1050301. Please reference the CAMA permits (#70-92 and 471-92) for the above referenced projects. Both permits stated, in part, that mitigation will be carried out in keeping with the wetland mitigation plan dated June 1, 1992. This mitigation plan provided for the creation of 0.50 acres of brackish marsh habitat on-site at bridge 5 and 0.04 acres of brackish marsh habitat on-site at bridge 6. After further examination of the drawings for the on-site mitigation at bridge 6, an error was discovered. An area of the proposed mitigation fell outside of the easement obtained by NCDOT (see enclosed sheet 2 of 12). This area is approximately 401x13', or roughly 0.01 acres. Given the difficulties involved with obtaining easements from this property owner, as well as the small amount of acreage involved, NCDOT wishes to modify our mitigation plan to delete this 0.01 acres of on-site planting, and adding 0.01 acres to our shellfish bed enhancement mitigation agreement with the N.C. Division of Marine Fisheries. We have included a drawing showing the subject area. A $50 modification processing fee will be forwarded to your office within the next week. If you have any questions concerning A f0.0..794 )?nZKI/ t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 14,-'1993 Regulatory Branch Action ID. 199102165 and State Permit No. 70-92 Mr. B. J. O'Quinn Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. O'Quinn: Reference your State/Department of the Army permit to place fill material in the waters/wetlands of Colington Cut, Blount Bay, associated with the replacement of Bridge No. 5 on S.R. 1217, Dare County, North Carolina. Also, reference your letter of October 26, 1992, whereby you requested a permit modification to alter your mitigation plan by reducing onsite marsh planting by 0.01 acre and increasing shellfish bed enhancement by 0.01 acre. This revision has been reviewed and is consistent with the provisions and objectives of our general permit No. CESAW-CO80-N-000-0291. Therefore, you may continue construction activity in strict accordance with modified State authorization. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any additional change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, ne Wri hie , Regulatory Branch SS AMENDED STATE FOF NORI Department of Env > ohment t. _tIV r ( , r v3 1 for Major Developmernin?an Area of-nisi Concern pursuant to X NCGS 11fA ng R118`'I ?Cavation and/or filli pursuant to NCGS 113-229 IssuedtQ NC Dept. of Transportation, Div. of Highways, P.O. Box, authorizing development. in Dare County at Col i ngton Creek a• Bridge 6 as requested in the permitt 's app revised workolan drawings, sheets 1-12 of 12 dated recd/012T_ Permit Number -7 11 .,^ ?01, Raleigh, NC 27611 he SR1217 crossing - This permit, issued on December 15, 1992 ,is subject compliance with the application (where consistent with the permit), all applicable regulations, special conditions and not set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the pe it to be null and void. 1) This permit amendment authorize an adjustment in the Mitigation Plan dated 6/1/92 to substitute t e 0.01 acres of on-site marsh planting with 0.01 acres of shellfish bed enhancement. The shellfish bed enhancement is to be carried out in consultation with the Division of Marine Fisheries and the D 2) This amendment should be •ttached to the original of permit No. 71-92 issued on 9/29/92. 3) All other conditions nd stipulations of a original permit remain in force under this atg?ndment unless altered h pin. This permit action maybe ap aled by the permittee or other qualified persons wi - twenty (20) days of the issuing date. An appeal req res resolution prior to work initiation or continuance, the case may be. This permit must be ccessible on-site to Department personnel when the pr ect is inspected for compliance. Any maintenance work or project modification not covered hereunder r quires further Departmental approval. All work must ease when the permit expires on In issuing this permit, the State of North Carolina agrees that your p oject is consistent with the North Carolina Coastal Management Program. LIMA atural Resources Signed by the authority of tl , Secretary of DEHNR and the Chairman of the Coastal Resources Commission. cav , . Roger : Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ) 11> M J?1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO August 14 , .,19 9 2 Regulatory Branch Action ID. 199102165 and State Permit No. 70-92 Mr. L. J. Ward, Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: 4c, E I V? Q ? AUG 18 1992 U 9piViSiON OF Z HIGHWAYS ? RESEA?'? Reference your application for a Department of the Army permit to place fill material in the waters/wetlands of Colington Cut, Blount Bay, associated with the replacement of Bridge No. 5 on S.R. 1217, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization, enclosed plans and mitigation proposal. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, T Wrig egulatory Branch Enclosure JJ ' T Y NQL t... Y 2 g t , "y >- d ?llrtµ i M? O U X U ?- z w co N O s Z ? ? ' '• ' ., o O c9 z ?aa w a loc- a? m ! a < F- N m CL J 0 1 z' .r , i a. mz ? O . , a .. d G v , m .. N U aft Q Z - z O I.- o O U LL 1--w O z ml z 0 LL LL o E (9 O G c m' _ 7 \ W o s 'Y?o ?ao N LU G m a _ Z O .O CO F- 0.5 w > O • UO 41V .? XM r j AIYNI +? 3 4111Y o . / 42 At Q c y. 0 Q W a Y' N o rr a :- `o`?? ?a`? Z ~ N i ?e yp o O .A F- U z m ? m ?0 1 O? V ?/ ? ?/ u o l3 3 ' ? ?? s M-.- J Z JhIW-- Z V T 1? !ri _ 1 ?? J? I c1 G V ,N W T O N w pCEAN y -13 -.moor 0 CPNW vi ? > jQ = ?l+onv 1? a I H ' e•+? a AlbO 'E L H O I Z C ./ R0 ?{ ? (? M M V 2 /vR V/ Cl) /L ^/?a G e d ^r Ls Ry w f? ?,•? ? .e a i$> ? 3 ` 3 L O v +, X71 l C Z o O y x-v ?L43E v? ?a [ p ?.? 46 4w ?? ? /?• .. ?? ws =(%7 s Q a?j O O /1 h F + ?' IL I` o Xr? d 7 IlIr l O g SHEET I OF 9 Permit Number )IFICATION/ AMOR STATE OF=NC Department of EFirorimei AROLINA ?& Natural Resources aV II i Coastal esoiu'ces s mifif 'i n l - t`' for rz`i x Major Development, an Area 6 Environmental Concern pursuant to NCGS.11113.I X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Dept. of Transportation, Div. of Highways, P.O. Box 25241, Raleigh, NC 27611 authorizing development in Dare County at Colington Cut and Blounts Bay at the SR1217 crossing-Bridge 5 as requested in the permittee's application gl including attached revised workplan drawings, sheet 1 & 2 of 2 dated received 3/4/94.' This permit, issued on APRIL 26. 1994 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit modification authorizes the use of riprap in place of sheet pile to stabilize the bridge abutment. 2) Wetlands impacted by the riprap placement must be mitigated in keeping with the application letter dated 3/11/94. 3) This modification must be attached to the original of Permit No. 70-92 and the amendment of 12/15/92 and all documents must be readily available on site when a Division representative inspects the project for compliance. 4) All conditions and stipulations of the original and the amendment remain in force under this modification. (See attached sheet 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 Departmental approval. All work must cease when the permit expires on December 31. 1995 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Sche er, Director Division of Coastal Management This permit and its conditions are hereby accepted. . Signature of Permittee State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 18, 1994 Mr. Barney O'Quinn Planning and Environmental Branch NC DOT P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn; Re: Modification of 401 Certification' Colington Creek Bridge 5, SR 1211 TIP B-2024, State #8.1050301 Dare County ATI.IWA4"V ?EHNF? In response to your request of 11 March 1994, DEM hereby modifies our earlier 401 Water Quality Certification to allow an additional fill approzimately 600 square feet of coastal wetlands for this bridge replacement. If you have any questions please call John Dorney at 919-733-1786. colington.dot cc: John Parker, DCM Washington DEM Regional Wilmington District COE Central Files Sincerely, P.rLestBon- Howard, Jr. P . E Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DIVISION OF ENVIRONMENTAL MANAGEMENT November 15, 1991 MEMORANDUM TO: John Parker FROM: John Dorne RE: N.C. DOT bridges at Colington Creek and Colington Cut Dare County DEM # 91679 and 19680 -----DEM believes'that DOT should be encouraged to locate a Juncus mitigation bank to replace the unavoidable loss from these two bridges as well as other unavoidable DOT bridge-related losses in Dare County. From our meeting with DOT on 5 November, they are having considerable difficulty locating suitable on-site mitigation. Their plans to create wetlands out of maritime forest in this case or replace marsh with oyster beds would only be acceptable if no other alternative was feasible. Given their difficulties, I suggest that an off-site location (which is still in the Albemarle/Croatan/Pamlico Sounds area) should be pursued. I suggest that David Foster would be the appropriate contact for this purpose since I am sure many EHNR agencies (as well as Federal) will have problems with these activities. In addition, we do not believe a new canal is needed for Bridge 6 at Colington Creek. DOT should document the need for this canal to demonstrate that it is a requirement for this bridge. Please call me if you have any questions. .Until the mitigation plans are suitable to DCM (acting in lieu of the COE in this case), I will not be able to issue the 401 Certifications. Until then we must object to DCM Permit issuance. JD/kls Parker.mem/D-2 cc: Deborah Sawyer, WaRO David Foster Central Files DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW PROJECT NA ?E : Q?/? D Q?: COUNTY : .0--t-e STREAM OR ADJACENT WATER BODY: BASIN: &S OPEN OR CLOSED: STORMWATER PLAN REQ'b:_J(Y`OR N IF YES, DATE PROVED DESCRIPON: PLY., 19 PROJECT # c (Xf j-. /3/. L? CLASS: ^S C, (FOR SHELLFISHING) ASSIGNED/TO: 1 /d-? DATE APP. RECD.: j> Zd (YY/MM/DD) T;NIC JAI (Y/N) INITIAL REPORT: (YY/MM/D "`RECOMM NDAT. FINAL REPORT: 0 (YY/MM/ 'S/DE?tY/OTHER) WATER QUALITY CERT. (401) b ?,a CERT. REQ' D: (Y OR N) IF YES: IGE AL CER T: Y N TYPE GEN: IV CERT`: (BUL, BO T P, ETC. ) ~'lhra ?N+(ii'a` SEWAGE DISPOSAL TER WETLAND FILL AREA OF FILL: WATER: Q WETLAND: 7-' IS FILL ELIMINATING A SIGNIFIC T USE. (Y OR N) TYPE OF DISPOSAL PROPOSED: ,? (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) WA / DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? (Y OR N) AREA TO BE DREDGED (? Z IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (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.) Washington,, Elizabeth City N.C. DOT Bridge Bio Report Page Three 6/Colington Creek To mitigate for the filling of the existing canal, N.C. DOT proposes to excavate a new canal from the coastal marsh just north of the proposed new roadway approach. The canal is to be 580 ft. long, 20 ft. wide, and 2.5 ft. deep. The purpose of the new canal is unclear. Approximately 0.3 acre of coastal marsh will be lost be the excavation of the canal. In a letter from DOT, they stated that the new canal is needed to satisfy the adjoining property owner. The old bridge will be removed, but the old portion of Colington Road will remain as a service road. --- N.C. DOT proposes to mitigate for the loss of 0.52 acre of emergent wetlands and 0.45 acre of SAV habitat on. a 1:1 basis. The emergent wetlands are to be mitigated for at a site off School House Road in Swan View Shores Subdivision. This site will also serve as mitigation for the loss of 0.77 acre of emergent wetlands at Bridge #5. It is located at the end of a "finger" of maritime forest that extends between two large areas of coastal marsh out to Buzzards Bay. The finger of uplands varies in width from 100 - 300 ft. with elevations up to 15- 20 ft. The upland forest ends in a 6 ft. high eroding bluff at Buzzards Bay. The upland vegetation is dominated by large loblolly pines (Pinus taeda), scrub oaks, and scattered live oaks (Quercus virQiniana). The upland grades into a coastal marsh dominated by giant cordgrass on both sides. Black needlerush becomes the dominant marsh species as one moves inland from Buzzards Bay. N.C. DOT proposes to remove thi vegetation adjacent to Buzzards Bay elevation. The proposed mitigation black needlerush on 2 ft. centers. monitored for success over a period of upland must be purchased by N.C. wetland losses at both bridges. a existing maritime forest and grade the area down to marsh site will then be sprigged with The mitigation site will of 2 years. A total of 1.29 acres DOT to mitigate for emergent The SAV mitigation site is located on the south side of a marsh island in Colington Creek near. Bridge #6. A field investigation on June 6, 1991 revealed a large area of milfoil in this area although the 1989 aerial photo shows a considerable open area near the island. N.C. DOT proposes to plant widgeon grass (Ruppia maritima) in the SAV mitigation site and monitor it for success. Anticipated Impacts The construction of the new bridge and the roadway approaches in the proposed alignment will fill 0.22 acre of coastal marsh and 0.45 acre of shallow water bottom and SAV habitat. Another 0.3 acre of coastal marsh will be excavated for the proposed new canal. The applicant proposes to mitigate for the wetlands loss on a 1:1 basis. Flowever the estuarine system in this area will suffer a net loss in productivity even if the mitigation planting is successful. Therefore, every effort should be made to minimize the initial wetland impacts. STAIZ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR TItOMAS J. HARRELSON SECRETARY WETLAND MITIGATION PLAN DIVISION OF HIGHWAYS WILLIAM G. MARLEY. JR., P.E. STATE HIGHWAY ADMINISTRATOR NCDOT Project B-2024, Dare County Replacement of Bridge 6 over Colington Creek, SR 1217 August 23, 1991 1. Type of wetlands impacted: Marsh, brackish water, and aquatic bed. 2. Acreage of area impacted: 0.22 acres of brackish marsh and 0.45 acres of aquatic bed habitat will be filled by bridge construction activities. 0.30 acres of brackish marsh habitat will be destroyed due to canal realignment. 3. Type.of mitigation: Creating off-site, in-kind, 0.52 acres.of brackish marsh; creating a new site near the project area, in- kind, of 0.45 acres of aquatic bed habitat to mitigate for aquatic bed or submerged aquatic vegetation loss. 4. Location of mitigation site(s): See enclosed maps. 5. Plan of action: This plan is a result of coordination between the staff of NCDOT's Planning and Environmental Branch and Roadside Environmental Unit, the U.S. Army COE Waterways Experiment Station (WES), the National Marine Fisheries Service (NMFS) the North Carolina Division of Coastal Management (DCM), and various universities and other concerned agencies throughout the country. 6. Erosion control of disturbed soils in the area will be adequately mitigated by strict adherence to NCDOT standard erosion control measures during the construction phase of the project. An Equal Opportunity/Affir maliva Action Employer WETLAND MITIGATION PLAN REPLACMENT OF BRIDGE 6 OVER COLINGTON CREEK 7. The existing bridge will be completely removed. Any demolition rubble created by the destruction of this structure will not be deposited in wetlands. Planned replacement of the bridge will be accomplished from portable temporary working platforms placed on temporary piles which will negate the use of barges during construction which would require waterway deepening by hydraulic dredging. 8. This mitigation plan provides for replacement of brackish marsh and aquatic bed impacts at off-site locations. Bridge No. 6 impacts 0.97 acres of wetlands by encroachment into areas of marsh and estuarine water bottom. Mitigation for 0.52 acres of brackish marsh impacted by construction of this bridge will be in the form of creation of additional marsh acreage on an area adjacent to estuarine waters in the project area. A location for this effort has been selected 0.94 miles from the road junction of SR 1217 and SR 1219 (Schoolhouse Road) on Colington Island (See Figure 1). If acquisition of this area by NCDOT is economically feasible, excavation to proper elevation will provide the site with the necessary wetlands hydrology required to support brackish marsh species. If acquisition of this site is not feasible, additional suitable acreage for mitigation purposes will be obtained in the project area. This proposed creation site will also be used to mitigate 0.77 acres of marsh habitat lost as a result of the replacement of a nearby bridge on SR 1217 (Bridge 5 over Colington Cut), bringing the total proposed off-site brackish marsh creation effort to 1.29 acres. Aquatic bed impacts (0.45 acres) at this bridge location will be mitigated by planting 0.45 acres of Ruppia maritima (Widgeon grass) at a selected site near the project location (see Figure 1). This aquatic bed creation site-will also be used to mitigate for 0.02 acres of aquatic bed loss due to the construction of a nearby bridge on SR 1217 (Bridge 5 over Colington Cut), bringing the total acreage of the created aquatic bed site to 0.47 acres. No mitigation of temporary encroachment into sand bottom areas by pile driving activities is proposed, other than reasonable care to minimize disturbance of bottom sediments, and restriction of pile driving to that area required for construction. 9. Planting for marsh mitigation will, consist of sprigging with black needlerush (Juncus roemerianus) on two foot centers over the mitigation areas. Plants will be from nursery stock with some natural revegetation expected to occur. Planting will be carried out between the dates of March 15 and June 15. Fertilization will be in accordance with the project erosion WETLAND MITIGATION PLAN REPLACMENT OF BRIDGE 6 OVER COLINGTON CREEK control plan. The soils at this location are the Fripp fine sand association which will retain tidal moisture and provide the potential growth base for brackish marsh species. Mitigation areas of marsh creation will be graded to an approximate elevation of between one and two feet above mean sea level. The final elevation of the mitigation site will correspond to the elevation in the adjacent marsh of the same species as those to be transplanted. The slope used will be equal to or greater than one-half percent. 10. Planting of new aquatic bed habitat will be accomplished in the vicinity of Bridge 6, leeward of a small island somewhat removed from extreme channel influence (see Figure 1). The two major SAV species which grow in this project area are Ruppia maritima (widgeon grass) and various species of Myriophvllum (water Milfoil). Ruppia has been selected for planting because of its status as a preferred food for waterfowl, and the existing type of habitat at the mitigation site. The species and planting site selections were made after coordination with the National Marine Fisheries Service, Beaufort, NC. The sediments in the proposed aquatic bed mitigation area are Currituck soils consisting of a shallow layer of muck over a deep layer (28-60") of greenish gray sand. This appears to be the preferred type of habitat for Ruppia maritima, which is adaptable in regards to growing on various bottoms, but is more common on sandy substrates. Plants will come from existing beds of Ruppia in the surrounding locale. The method of planting will involve placing the plugs to be transplanted into peat pots which are then placed into the sediment at 0.5 m intervals along a planting line. This method was suggested by NMFS scientists. who specialize in seagrass restoration. NCDOT will closely coordinate planting activities with NMFS personnel to ensure that proper methods are being adhered to. 11. Field measurements and data collection regarding mitigation success will be carried out by the Roadside Environmental Unit of NCDOT. These data will be transmitted to the Planning and Environmental Branch, and after analysis and consultation, the Planning and Environmental Branch will take the necessary action to further coordinate the results with the Division of Coastal Management, the U.S. Army Corps of Engineers, and other appropriate review agencies. If analysis shows that mitigation success criteria are not being met, corrective actions will ensue from these coordination activities. Field e•:7.zluations and subsequent coordination will take place in. accordance with the time intervals specified in this WETLAND MITIGATION PLAN REPLACMENT OF BRIDGE 6 OVER COLINGTON CREEK monitoring plan. The mitigation sites will be inspected prior to planting (PP), at planting time (AP), within 1 month after planting (1 MO), 1 year following planting (1 YR) and 2 years following planting (2 YR). Selected data (listed below) will be collected at specified Black needlerush (Juncus roemerianus) will be planted on the marsh sites while Rutppia maritima will be planted at the aquatic bed location. During the monitoring interval, remedial action will be considered if needed. MONITORING PLAN Proper elevation and grade PP, 1 MO, 1 YR, 2 YR Soil Test PP Acceptable plant species/plant 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 from selected views 1 MO, 1 YR, 2 YR Areal coverage (estimate %) 1 YR, 2 YR Planted species Planted species + natural succession NCDOT will consider the above plan acceptable if planted species survive at an estimated rate of 50% after two years and the planted stand provides at least 50% areal coverage of salt marsh type and aquatic bed species. (Monitoring data will be available for all interested agency's review.) --In the event that these two conditions are not met and environmental restoration is not considered successful, consultation will be held between the staffs of NCDOT's Planning & Environmental- Branch and Roadside Environmental Unit, the Div-ision of Coastal Management, the Corps of Engineers, Wilmington District, and federal review agencies. Participation by other review agencies will be coordinated by the Corps of Engineers, Wilmington District. Monitoring criteria will be evaluated and necessary recourse actions will be-considered. a r' S ?'yt cyi ? = n M m ro 0) 1- Z 'o Q JD ... y ^ O d cn N F-• (n •,) 'Y r " N M '-• JO 'i 1 O rt y no . I'D N ID tt M d ~ 0 y Y rt n 3 tY !p C r. f r ti7 rD rt 7 ? !D p M. /-r (D ct a 5 b 0 C) o na y r- M raj to rd 0 a ?z z "S O b r* F.. A tn 07 In b T '1 IN ? m- m z O `-? ? o - rn z? A m 0 b x 0 X -4 rn a rn y 0 m I I I,y? 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IIAN SIN ?e = H1H?t?,r. c •[1 rln.vnr v, ?jl :S ((I Crt C, IS .'_ i l; _, ??f rn ,v X41 _ _ ; _ II•ryr ?- Y)'nia,?M? r rr L n. ?;'V:?I •.llr -._'?_ )!._I}?•?9)w6ri Al ¦ ? - ?? _.'l 17 r0 V K L ?^. t ? • ? I ? )L/vl: ?J11111I111r: Rl illw„1.51P_?• IAA .. tll p{: n 11 II Q la ice'( 6 ``:, i -np f ? i ? y... _ 7 ? ?i 1? ? ? Rin r?r, •1 ?"+II. ..v 1r 1Yf1J i -`?P. .?J _r ?CS d?6+rII N I. !_ ? ? '\ _ _.•L I,, •t -. n_1,n ISp IS l+ll•n.y + 1' ? a n1O f `?? ??? ttt?ll•??(?. II.c ??;a ??????:IIi ?`• ??? •'1,.:I1I«JY r+Yi? -•v, I' 17!4 ill wl trrlllj? 1A??Sl I? yTN_ b KItR'Y :tl' .?-_.+I? ?j '_'?I II'I' ;'N •_?. Jr. 'Ir.?1:iS: ??rj7p l II , ?, 7 a •t'.•r ! N.,1r! ' 2: I,f• , .?'.. y; :1., 't rtl . ?r .1+ ? ..+? , ? • ,ti?.Sr. , . I? it BRIDGE NO. 5 BRIDGE NO. 6 i= iS?.;c'i? •t 6: ? N .? ? ? 15 ? :' -,x.13, 4' v :r t. r?.' t, ,,,r!)* it•? X2.6<'_ 0 ?.' .t!'? .`?1 •' '??1 ~.?, r'. ?' ? ?.,{;? _ S.A.V. MITIGATION S ?•,: .zc?....,: ti •`r--;: Y ?' 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'y ty? .? ,,?'o _ ? ,"' :i "-'?- 1 I .'?r-\ '"r?'T •' ? `..•? y'-? . ?;='?jit . 4?'? ? :?'a?'., T•'J ? .'i,'. '<'!`:6•rc' •-i? ' c.L?f?J?'`? ft : •Y'!?`'• '•rCt ';3',,i`?.y it?'• ( •a?'fl".,,•7' Y1':?:'y,?FiY.d'.j; ,. .?"-'' ,?\_ ..z? ..j•; , a ;Zu r????: •!'n_'6•_'t::a3:?'iC,: r iE .i????-Za.Y~ ? •_ ??i'?' t??)l? w?? kx?- l? ???? „/ r'.i•? F-SITE MITIGATION `''j r??"''` '• 7 "?'". AREA' ?.7?.?;? •'` y'?! { .•:,*.. BRIDGE NOS. 5 & 6 v NC DEPT. OF TRANSPORTATIC orl 00' p DIVISION OF HIGHWAYS 1000, ,??ti<!: ;;• ?;',?_ ?>x DARE COUNTY I? ,r w }•7 scale feet "P; 8.20503()1 (0-2024) ??"???•'.;`.?:" y ,_t::., - ?S:•J!,?. i:?"c'L'?'*'yM +t1 ?:$? ? ?? :y; '? „f, ? 3 n : ? ?r''?i'S,';Y?: •-? - x ,kt -tom;- , ? r=•s!.,. m. .,r F' C,. ,f..,f '?.f... ?7?r K•-.?F?-t1 ..?4`. ,_; ?•'iy!?r i. ? rh-.?- :r::!-, f. ,=Y' .?.:.: .t) s:.F":'?•?''-c "i`' ?7 -?? ,Pv : 5 FIGURE ' y v. ;:;y?: ?,{?''??)? %>?V;', ?\?: rat ;??:?"?s??-+{y"?; ? 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'? ;*?12••`?-•.:,rri•f?vsi ?ZC,.;?•r, .?(J7???.4!n ,,:.? ri,'`•f?r{y.' *" ` ?' t '?. f3'wy.??,:,-'-?:•,i d.lt??: p4 -::r?•: {:?r?"r ` .xr^. ?`•?'.Sy.4'. +?, ?', S l; '^, :?ySi ?'!' .:i:+-{^ A,J. ?, ??. ? ??, . l x? ,F?. ?.+'?.??'? tr.? vr, .?N l _ - 9.> J`A .. ;,:.tr; : xr.?. f ? j'C ?K r ?°-v!• ?T""r{{?? ..t- '?qq-,,f•'> ?p ,..,il'.,, _ >.- -•a° .a? .7 ? %?\:.t ....`, ?„ r, > :"4 ?'',?`,t, ?? Ltt ? - y: ? `fit a. ?.G?+n?...lj;:t;vS?" y4. , w ?e' ,?''?':. ,. Y.:;:? dT.'t'L _:?? S?F::./? ;??a.: ?''y':.:kt,t;'?' ?r :>. • J .'S ,-v: •'4•^..?. . tc?..... _Y. , ['.i .?J.;1,. + ?,f,-..t;< Z t{?Fr ?!.•C ?,.•C'4 •! •?j, *:?;.: •iv?-?,: •?:il ?''? r? ki ., 'F, , ? ?..}'y ... .. ., •?Y'1 .>r ,. .N :.p.?3?. t?G? ?i:? i ? _ - ? ; ?• . } X tir ?4: ?.< !'; 3 : t y+ ,i ? r'k_- 1(>,••'.3'?r.. ???.'..?/. f,: t. 7? , , y?.' ' G y.'? r?•r'•trr y',`:ti,=_ ,_., .):?r..?It3?=i :. _.Y£,'r'Y,`•:r:-.'F_'' ;?Cp?•::,+c. :,.?rr,?,i?.!, ;:??+7 Fd<\\V?i. 'K _,?{;t<'?•t,[°r,:Y::.•':?''{?"•,;r_.,?,'L ..//",. 4_,{?E,t?:ti' _fr?" - L 1 ?J- • • .? y t 1 y ./ • ? J FRIPP FINE SAND > • .: ' : ``? ,??' ??'rte H CURRITUCK SOILS "40 T' VAP > 40 •t : T ?,r CURRITUCK SOI LS r.« ',. •%.. ;, I le i-_ a, e. * IL J • •.* 'OPEN WATER, Y ::??t?J ?••? • ASt s . . N? MITIGATION AREA r.¦?????..i 0.75 ACRE 0 125 feet OFF-SITE MITIGATION AREA BRIDGE NOS. 5 & 6 r FIGURE 8 a ?,` srntg o-? VJe have commented on this project through a separate review process. Attached is -a copy of our previous comments. If you have questions, please call. 9z STATE OF NORTH CAROLI?Adh Carolina DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY July 6, 1992 Division of Coastal Management Department of Environment, Health and Natural Resources 225 N. McDowell Street Raleigh, North Carolina 27611 Resources Comtrtission DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR Attention: Mr. John Parker SUBJECT: Dare Co., Replacement of Bridges 5 and 6, SR 1217, TIP No. B-2024, State_Project No. 8.1050301. 1 . Please reference NCDOT's June 9, 1992 letter, in which we outlined the steps taken to minimize and mitigate fo,r wetland impacts associated with the above referenced brYdge replacement projects. In this letter., we outlined the difficulties encountered in trying to find suitable mitigation for impacts to 0.93 acres of wetland habitat. With all practicable on-site and near-site mitigation options exhausted, NCDOT proposed mitigating for the 0.93 acres by debiting the Company Swamp Mitigation Bank using a 2:1 mitigation ratio. After discussion with Division of Coastal Management (DCM) personnel, it has been concluded that debiting coastal marsh impacts from Company Swamp Bank is prohibited under provisions of the banking agreement. NCDOT thereby withdraws our proposal to debit Company Swamp Bank. In.a final attempt to provide mitigation for the 0.93 acre impact, NCDOT proposes to coordinate with the N.C. Division of Marine Fisheries to provide for the creation and enhancement of shellfish bed habitat using a 2:1 ratio (0.93 acres x 2.= 1.86 acres shellfish bed creation). This effort will be in addition to the shellfish bed enhancement measures proposed for submerged aquatic vegetation impacts. This letter, in. association with our June 9, 1992 correspondence, represents our final revised permit An Equal Opportunity/ Affirmative Action Employer r MEMORANDUM TO: David Griffin -- NC DCM *NTER„?,;:::?" ?.fohn Dorney -- NC DEM Dennis Stewart -- NC WRC Harrel Johnson -- NC DMF Mike Gantt -- US FWS Cliff Winefordner -- US COE FROM: Pres Pate SUBJECT: Mitigation for NCDOT Bridges 5 & 6, Colington Creek, Dare County The attached letter from DOT is their latest effort to develop a successful mitigation plan for the wetland loss associated with replacing bridges #5 & 6 over Colington Creek in Dare County. They have determined that. on-site wetland creation is not feasible, and, we have advised them that debiting the Company Swamp Mitigation Bank is not acceptable. They now propose the shellfish planting plan as they describe in their letter. We have a very short time left to make a permit decision and it sounds as if DOT intends to hold us to the deadline. Therefore, we need a quick response from you on the suitability of their proposal. Please respond to John Parker no later than July 17, 1992. Also, please give John a call if you have any questions. cc John Parker Zu.l ?# vwt Attachment d??4 L 4y tcilv ka 199, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR July 6, 1992 Division of Coastal Management Department of Environment, Health and Natural Resources 225 N. McDowell Street Raleigh, North Carolina 27611 Attention: Mr. John Parker SUBJECT: Dare Co., Replacement of Bridges 5 and 6, SR 1217, TIP No. B-2024, State Project No. 8.1050301. Please reference NCDOT's June 9, 1992 letter, in which we outlined the steps taken to minimize and mitigate for wetland impacts associated with the above referenced bridge replacement projects. In this letter, we outlined the difficulties encountered in trying to find suitable mitigation for impacts to 0.93 acres of wetland habitat. With all practicable on-site and near-site mitigation options exhausted, NCDOT proposed mitigating for the 0.93 acres by debiting the Company Swamp Mitigation Bank using a 2:1 mitigation ratio. After discussion with Division of Coastal Management (DCM) personnel, it has been concluded that debiting coastal marsh impacts from Company Swamp Bank is prohibited under provisions of the banking agreement. NCDOT thereby withdraws our proposal to debit Company Swamp Bank. In a final attempt to provide mitigation for the 0.93 acre impact, NCDOT proposes to coordinate with the N.C. Division of Marine Fisheries to provide for the creation and enhancement of shellfish bed habitat using a 2:1 ratio (0.93 acres x 2 = 1.86 acres shellfish bed creation). This effort will be in addition to the shellfish bed enhancement measures proposed for submerged aquatic vegetation impacts. This letter, in association with our June 9, 1992 correspondence, represents our final revised permit application package. NCDOT thereby requests that processing of our application resume. When the Department stopped processing of our application on January 31, 1992, approximately 25 days were left until the processing deadline was reached. Therefore, unless we here otherwise, it is expected that a decision be reached within 25 days of receipt of this letter. Please contact Mr. Doug Huggett of NCDOT's Environmental Unit if we may be of any further assistance. Sincerely,. B. O'Quin , PE Ass' an ranch Manager .Planning and Environmental Branch cc: Mr. David Griffen, DCM-Elizabeth City Mr. Preston Pate, DCM-Morehead City District Engineer, COE Mr. John Dorney, DEM Mr. C.O. White, P.E., Division 1 Engineer Mr. Kelly Barger, PE, Project Management Unit Mr. Don Morton, PE, Highway Design Branch Mr. A.L. Hankins, PE, Hydraulics Unit Mr. John Smith, PE, Structure Design Mr. W.D..Johnson, Roadside Environmental Unit Mr. J.T. Peacock, Jr., PE • APPLICANT/PROJECT NAME : NC DOT Colington Cut Bridge • DEM #: WQC#: MAP #: 91236, 91679, 91680 2685 33 • COUNTY: Dare • LOCATION OF MITIGATION SITE (LAT. AND LONG.) • DIRECTIONS TO MITIGATION SITE: Hwy 64 East to Manteo. Take Hwy 12, or Hwy 158 north to Kill Devil Hills. Turn left onto SR 1217. One site is before you cross the bridge over Colington Creek. To reach the other, take a left after the bridge over Colington Cut and head south. • ACERAGE AND TYPE OF WETLAND IMPACTED: 0.12 acres--brackish marsh 0.55 acres--aquatic bed • ACERAGE AND TYPE OF WETLAND MITIGATED: 0.67 acres 0.12 acres--brackish marsh 0.55 acres-submerged aquatic vegetation(SAV) • DESCRIPTION OF MITIGATION(IN FILE): Not really sure. Done to DCM specifications. • DESCRIPTION OF VEGETATION(IN FILE): • SUCCESS CRITERIA STATED(if any): • WHAT IS THE PROJECT STATIS?(mark one): RESTORATION, ENHANCEMENT, CREATION, PRESERVATION off-site, in-kind • MONITORING PLAN: • WHICH REGULATORY AGENCIES ARE INVOLVED?: DEM, DCM, COE • TYPE OF DEVELOPMENT(mark the ones that apply): RURAL, URBAN, PUBLIC, PRIVATE e DESCRIPTION OF VEGETATION(AT SITE): • SURFACE WATER LEVEL OBSERVATIONS: • SURFACE AND GROUNDWATER RELATIONSHIPS: e HAVE MITIGATION REQUIREMENTS BEEN MET?: 0 DESCRIPTION OF SOIL SAMPLE TAKEN: j j ?- .1 -7f WETLAND MITIGATION SITE SUCCESS FORM • PROJECT NAME AND DEM # IV G 0,c- r 17 • LOCATION (LAT. AND LONG.) Lv Q c -#? Z?BS' • DIRECTIONS TO SITE: • DESCRIPTION OF MITIGATION(FOUND IN FILE): • TYPE OF DEVELOPMENT(RURAL, URBAN, PUBLIC, PRIVATE, ETC): • ARE GOALS STATED IN FILE?:(TYPE OF WETLAND, ACREAGE, SPECIFIC FUNCTIONS-): • WHAT IS THE PROJECT STATIS creation, preservation, restoration enhancement): • TOTAL MITIGATION ACREAGE: O• fv7 . p./2 ?o ?,uF.? .•,.?y Q.rf ?? LM vii s? tee, L., 4 : vs • WHICH REGULATORY AGENCIES ARE INVOLVED?: oe5? , Q cam! • DESCRIPTION OF VEGETATION(IN FILE): • SUCCESS CRITERIA a) Are success criteria stated? b) Have they been met? HAVE MITIGATION REQUIREMENTS BEEN MET?: • DESCRIPTION OF VEGETATION(AT SITE): • SURFACE WATER LEVEL OBSERVATIONS: • SURFACE AND GROUNDWATER RELATIONSHIPS: