19970948 Ver 1_COMPLETE FILE_19971009

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
To: John Parker, DCM
From: John Dorney, DW
Re: Water Quality comments
The Riverfront Company proje
New Hanover County
DWQ Project # 970948
COE #199708715
I L F r^PY
DWQ has no objections to this project plans to remove an existing building on the
Cape Fear River on South Water Street between Market and Dock street in Wilmington.
Please call me at 733-1786 if you have any questions.
cc: Wilmington DWQ Regional Office
Central Files
Wilmington District Corps of Engineers
970948.dcm
Ki I 47L
ID FE F1
December 3, 1997
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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PRINT NAMES:
Revs ewer - S`% L-r-jJ,{
JOWi DORNEY WQ SUPV - : S
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ENVIRONMENTAL SCIENCES BRANCH ,
DATE:
;UBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 97 PERMIT N0: 0000945 COUNTY:-NEW HANOVER
APPLICANT NAME: THE RIVRRFRONT COMPANY
PROJECT TYPE; INDIVIDUAL PERMIT TYPE- CAMA
COE 11: 7-1 D 9 t/ 5GT_I/
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RCD FROM CDA : COE DATE FRM
CDA :
REG OFFICE: WIRO - _,
IVER_AND„SUB_BASIN # : © 3 ©G / 'f
STR-INDEX NO : /0
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STREAM GLASS : S C
WL IMPACT?; Y.0
WL_REQUESTED': /v`fi
WL-S CORE (f/) ; fl) `Pr
MITIGATION?: /N
WL_TYPE; N/q
WL AACR EST? : Y/N IV14
WATER IMPACTED BY FILL?: Y/N PM
MITIGATION' TYPE : IV /,,I
MITIGATION SIZE: DID YOU REQUEST MORE?INFO?: Yn?)
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IS. WETLAND ' RATING SHEET 'ATTAEHEM-D? : Y
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?; Y/N
RECOMMENDATION (Circle One) : S ISSUE/COND.- DE11Y
;OMMENTS : 7241 AS N o G _J ?? ?UYI 70
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Regional Office
Central Files

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199708715 September 11, 1997
PUBLIC NOTICE 970,9,48
THE RIVERFRONT COMPANY, LLC, REPRESENTED BY MR. E. W.
MERRITT, JR.,has applied for a Department of the Army (DA)
Section 10 permit TO RENOVATE AN EXISTING BUILDING ON THE CAPE
FEAR RIVER ON SOUTH WATER STREET BETWEEN MARKET AND DOCK STREETS
IN DOWNTOWN WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA.
The following description of the work is taken from data
provided by the applicant and from observations made during a
site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the renovation of an
abandoned warehouse (the J.W. Brooks Building) into five (5)
commercial retail units and six (6)residential units. A floating
dock and a pile-supported wooden extension of the Wilmington
Riverwalk have been completed on the river side of the building.
These structures were previously authorized by federal and state
permits. The purpose of the work is to renovate an existing
commercial building to further existing revitalization efforts in
downtown Wilmington. Plans showing the work are included with
this public notice.
The proposed work will occur within the Wilmington Historic
District. The City of Wilmington is a certified local government
pursuant to Section 101 of the National Historic Preservation Act
of 1966 as amended through 1992. The applicant has consulted
with the City of Wilmington Historic District Commission and, on
July 10, 1995, received a Certificate of Appropriateness for the
proposed plan. By copy of this Public Notice, the Wilmington
Historic District Commission and State Historic Preservation
officer are being afforded an opportunity to comment on any
changes in the applicant's plan since their 1995 approval.
The applicant has determined that the proposed work is
consistent with the North Carolina Coastal Zone Management Plan
and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for their review and
concurrence. This proposal has been or shall be reviewed for the
applicability of other actions by North Carolina agencies such
as:
a. The issuance of a permit to dredge and/or fill under
North Carolina General Statute 113-229 by the North Carolina
Division of Coastal Management (NCDCM).

b. The issuance of a permit under the North Carolina Coastal
Area Management Act (LAMA) by the North Carolina Division of
Coastal Management (NCDCM) or their delegates.
C. The issuance of an easement to fill or otherwise occupy
State-owned submerged land under North Carolina General Statute
143-341(4), 146-6, 146-11, and 146-12 by the North Carolina
Department of Administration (NCDA) and the North Carolina
Council of State..'
d. The approval of an Erosion and Sedimentation Control Plan
by the Land Quality Section, North Carolina Division of Land
Resources (NCDLR), pursuant to the State Sedimentation Pollution
Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be
denied if any required State or local authorization and/or
certification is denied. No DA permit will be issued until a
State coordinated viewpoint is received and reviewed by this
agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the
Corps of Engineers.
This application is being considered pursuant to Section 10
of the River and Harbor Act of 1899 (33 U.S.C. 403). Anyone may
request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this
application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer, based on available information, is not
aware that the proposed activity will affect species, or their
critical habitat, designated as endangered or threatened pursuant
to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an
evaluation of the probable impacts, including cumulative impacts,
of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts that the proposed
activity may have on the public interest requires a careful
weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue
from the proposal must be balanced against its foreseeable
detriments. The decision whether to authorize a proposal, and if
so the conditions under which it will be allowed to occur, are
therefore decided by the outcome of the general balancing
process. That decision should reflect the national concern for
both protection and use of important resources. All factors that
may be relevant to the proposal must be considered including the
cumulative effects of it. Among those are conservation,
economics, aesthetics, general environmental concerns, wetlands,
s
2

cultural values, fish and wildlife values, flood hazards and
flood plain values (according to Executive Order 11988), land
use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the
people. For activities involving the placement of dredged or
fill materials in waters of the United States, a permit will be
denied if the discharge that would be authorized would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the
District Engineer decides that it would be contrary to the public
interest.
The Corps of Engineers is soliciting comments from the
public; Federal, State and local agencies and officials; Indian
Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to decide whether to issue,
modify, condition or deny a permit for this proposal. To make
this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general
environmental effects and the other public interest factors
listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public
hearing and to decide the public interest of the proposed
activity.
Written comments pertinent to the proposed work, as outlined
above, will be received in this office, Attention: Mr. Michael
Taylor, until 4:15 p.m., September 26, 1997, or telephone (910)
251-4634.
3
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