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HomeMy WebLinkAbout61-18 Trotman, WilliamPermit Class NEW Permit Number 61-18 STATE OF NORTH 6AROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to William Trotman,121 Point Drive, Wilmington, NC 28411 Authorizing development in New Hanover County at adj. to Pages Creek, at 121 Point Drive, in Wilmington , as requested in the permittee's application dated 4/1/18, including attached workplan drawings (2), both dated 4/1/18. This permit, issued on June 22, 2018 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at any point along its alignment at the time of construction. 2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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 Division approval. All work must cease when the permit expires on December 31, 2021 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 DEQ and the Chairman of the Coastal Resources Commission. of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee lilliam Trotman Permit No. 61-18 Page 2 of 3 ADDITIONAL CONDITIONS < The bulkhead shall be constructed prior to any backfilling activities. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. The fill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted 'bulkhead. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. Aground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately r landward of the bulkhead cap immediately following completion of backfilling activities. USACE Conditions In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. General This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. ,The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3 (Action ID SAW-2018-00906), issued 5/18/18. The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0610, issued 6/8/18. William Trotman ADDITIONAL CONDITIONS Permit No. 61-18 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: ��- v L'� - Permit #: �al'lg c _ --: MAR3NG DLS4REBMON SEM--.r-. v --. - _r Permitee: Wrillow1 I rbTwin„ /%( DCM Field Offices Elizabeth City (with revised work plan drawings) Moreherid City Washington Wilmington er %fir SP•ars S�y� �.wPso, , US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Metier (Bertie, Currituek, Dare, Gates; Pamlico, Pasquotank, Washington) Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washmgton District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair Onslow, (Carteret, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley .Public Water Supply: Heidi Cox (WER.0) / Clif Whitfield (WARO) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris / Shellfish Sanitation: Shannon Jenkins / State Property: Tim Walton " DEMLR/DWR: Karen Higgins . ' Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony scarbraugh401 Roger Thorpe-Stormwater Garey Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs - 401(Carteret, Onslow, Pender, New Hanover) Chad Coburn -401(Brunswick) I Georgette Scott - Stormwater Joanne Steenhuis - 401(NCDOT-)� cly New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WAR ) LPO: Lhnsiwtd Fax Distribution: Petmittee #: A¢ent# DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: William Trotman COUNTY: New Hanover PROJECT NAME: Bulkhead Replacement LOCATION OF PROJECT: 121 Point Dr., adjacent to Pages Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-23-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Courtney Spears n DISTRICT OFFICE: WLLMINGTON DISTRICT MANAGER REVIEW: tr -"e .X, B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #4675 I -A PUBLIC NOTICE REC'D: 4-30-18 END OF NOTICE DATE: 5- -18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: 0 C) 75 DAY DEADLINE:�7// D S L MAIL OUT DATE: 4-26-18 FEDERAL DUE DATE: DEED REC'D: ON: 516 Lb 150 DAY DEADLINE: STATE DUE DATE: 5 18 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO N Division of Community Assistance 30 l$ )r- Division of Coastal Management-LUP Consistency (° t/ 5,` f 5-4 Public Water Section (DWR) //a x Land Quality Section (DEMLR) %7 19, )c Division of Water Resources - 401 Section 'rIM $ W Z D/L3 '0610 Storm Water Management (DEMLR) State Property Office 5' 3 S X Division of Archives & History V �K Division of Marine Fisheries - Shellfish Section 14 $ Division of Highways (NCDOT) s�$ /$ Wildlife Resources Commission S Is -fin Local Permit Officer a;o /to RECEIVED Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM 5 -7 I 0 x MAY 0 12018 Corps of Engineers - Regulatory Branch a S /v /J d: arry�j-G>�jb(o AHD CI � I Via —0tv 41123/0 ;( 51640rd RECOMMENDATIONS FOR William Trotman c/o Trip Pippin 4/23/2018 It is the staffs recommendation that the construction of the new bulkhead 2' waterward of the existing bulkhead, resulting in the fill of 128 ft2 of Coastal Wetlands, is potentially CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures. Replacement of the wall in the same footprint or immediately landward may cause issues given the condition of the currently failing bulkhead wall. While filling of Coastal Wetlands should be avoided, it appears in this case there may be a need to do so to avoid a catastrophic failure. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued, provided that the proposed bulkhead steps out in front of the existing bulkhead only what is necessary for the construction of a new bulkhead and associated tie back system. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for bulkheads. RECEIVED MAY 01 Z018 DCM-MHD CITY 'i4- ROY COOPER 6ovemor �G 4 Coastal Management ENVIRONMENTAL OVAt1TV April 26, 2018 RECEIVED APR 3 0 2018 NEW HANOVER COUNTY PL4,NNNG ^ CONING MICHAEL S. REOAN wormy BRAXTON DAVIS OVecmr TO: Christine Boufford Local Pen -nit Officer County of New Hanover FROM: Heather Coats, Assistant Major -Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats cnncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead Please indicate below your agency's position or viewpoint on the.p ed project and retum this form to Heather Coats at the address above by May , 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed; "*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATED 3d ` RECEIVED MAY 1 2018 state of Norffi Camuaa l F.aviM=CnW Qu ty l CO2"Ma w-m=t /�1(� /'� An�, ����IIuu 127 C,,H dDiwred.,W9VmgtANC28405 Pi'�� SECTI®1Y IYII7® 910.796-7215 ROY COOPER Governor RECEIVED Coastal Management MAY 1 2018 ENVIRONMENTAL QUALITY April26, 2018 MP SECTION MHD TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office MICHAEL S. REGAN Secretary BRAXTON DAVIS Dfrector FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28406 heather. coats(a2ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead Please indicate below your agency's position or viewpoint on the pr sed project and return this form to Heather Coats at the address above by May , 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ! v l wiy � DATED y i d // 8 State of North Carolina I Environmental Qaality I Coastal Management 127 Cardinal Drive Fort., Wilmington, NC 28405 910-796-7215 ►YO Coastal Management ENVIRONMENTAL QUALITY April 26, 2018 TO: ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director APR 2 8 2018po L�ivisio ��RO P bWaKesobrce$ Waters0ppllr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO SUBJECT: CAMA / Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct a new bulkhead 2' waterward of an existing bulkhead Please indicate below your agency's position or viewpoint on the pro d projic and return this form to Heather Coats at the address above by May , 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDjl DATED 5 ha RECEIVED MAY 2 3 Z018 DCM-MHD CITY RECEIVED State of North Carolina I Environmental Quality I, Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910496-7215 MAY 02 ,I`t DCM WILMINGTON, NC Vxv Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Govemor MICHAEL S. REGAN secrermy BRAXTON DAVIS Dv mr April 26, 2018 g, k;kF1'VIe TO: Dan Sams BY 'PR 26 202018 District Manager-DEMLR Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA/Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead Z/ Please indicate below your agency's position or viewpoint on the pro ed project and return this form to Heather Coats at the address above by May A 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED A7 Zor RECEIVED MAY 2 3 2018 RECIVED DCM WILMENGTON, NC DCM-MHD CITY MAY 01 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive EA., Wilmington, NC 28405 910-796-7215 Bodnar, Gregg From: Coats, Heather Sent: Thursday, May 17, 2018 4:53 PM To: Bodnar, Gregg Subject: FW: [External] William Trotman bulkhead 121 Point Dr Here you go! Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, May 17, 2018 4:46 PM To: Coats, Heather <heather.coats@ncdenr.gov> Cc: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: [External] William Trotman bulkhead 121 Point Dr CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:repo rt.spam@nc.gov> Hey ladies: Not sure if we have touched base on this one yet: Project Name: William Trotman/ bulkhead replacement Corps AID: SAW-2018-00906 County: New Hanover We are processing as a NWP 3 for maintenance. Special condition would be Manatee Guidelines. Thanks! Liz Hair U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00906 County: NEW HANOVER U.S.G.S. Quad: SCOTTS HILL GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Applicant: MR. WILLIAM ❑. TROTMAN 121 POINT DRIVE Address: WILMIN(>TON, NORTH CAROLINA 28411 Telephone Number: PH#: 910-686-52.58 Size (acres) 0.003 (acre) Nearest Town Wilmington Nearest Waterway Onslow Bay River Basin Cane Fear River USGS HUC 0302030205 Coordinates Latitude: 34.2806 Longitude:-77.7816 Location description: The project site is located at 121 Point Drive, in the Bayshore Estates subdivision, adjacent to Pages Creek, in Wilmington, New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with construction of a new bulkhead 2' waterward of an existing bulkhead. More specifically, a new approximately 100' wooden bulkhead would be installed alone the southeastern shoreline immediately waterward of an existing failing wooden bulkhead. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP3 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated May 1, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact ML Liz Hair. 910-25 4049 or sarah.e.hair ussee.arm .mil. Corps Regulatory Official: Date: May 18, 2018 Expiration Date of Verifi ion: r 20 2 Action ID#: SAW-2018-00906 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be i cl ied upon for a period not to exceed five years from the date of this notification.hftps://orm.usace.gM.mil/orm2/f'?P=l 0 1:1:6624564087562;:NO::: 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID; SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as Indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address; US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8901 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Action ID#: 3AW-2018-00906 Date, of JD: No JD Required Expiration Date of JD: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://COKpsmaPLI.usace.arLny_mil/eni apex/Pp=136:4i0. Enclosures: NW3 Permit Plans Manatee Guidelines Copy Fumished Pippin Marine Construction, LLC Attn: Mr. Tripp Pippin Post Office Box 11291 Wilmington, North Carolina 28404 e-Copies Famished: Mr. Doug Huggett - NCDEQ/DCM 'Mr. Chad Coburn -NCDEQIDWR Ms. Karen Higgins -,NCDEQIDWR Ms. Heather Coats — NCDEQJDCM Ms. Courtney Spears-NCDEQ/DCM Action ID#: SAW. 2018-00906 Action IIl Number: SAW-2018-00906 County: New Hanover Permittee: Mr. William'H. Trotman 121 Point Drive Wilmington, North Carolina 28411 Project Name: 121 Point Drive, Bayshore Estates subdivision. Wilmington, NC Date Verification Issued: May 18, 2018 Project Manager: Ms. Liz Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return. it to the following address: US ARMY CORPS OF 1! NGINEERS WII,MTNGTON DISTRICT Attn:. Ms. Liz Hair 69 Darlington Avenue Wilmington, North Carolina 18403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revolving the authorization and/or issuing a Class I .administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date � 1 Jn `(vt71€IN(4NI" Wit° -i..- .'ram. .Ji_ -i-. _. ..,.�_ ��.r -! ` ,-.-_..;. _�.-ti—n-�3_��-.TJ _T. _!- F--..Y �f i +-•- 1�--_'�, _-1 K Y ..i y • I --. -.: _,-._.-._--{ice_-•--n�:.-._.+_.-•..--_..._.lar--.l—i,-,-i_..' .r--� w-� .. _i_.....an-.�. w-..--i----,._-:..--T—•1 � �"- i.. '...--v.---+i-.r�.�u.r.1.. _..br.-P- i..u+.v. —�- ': 'u-'u : 1ex-,�� iL'-'r�.Y+.v-.w- ... c.:�-.. '1•--.,..+,u .-....:i.�_..._yr—. o V A i q ~� ,ro r _ �1 J v ^J NATIONWIDE PERMIT 3 DEPARTMENT OF THE ARMY CORPS OF ENGINERS FINAL NOTICE, OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2017 Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided thatthe structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make. the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or dills, Any stream channelmodification is limited to, the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including flee removal of material from the stream.channel, must,be immediatelyadjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events; provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit maybe waived by the district engineer, provided the permittee can demonstrate funding; contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road.crossings, water intake structures,, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with-outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites, Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated„as appropriate, (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authoriwbeach restoration. This NWP does not authorize new stream channelization or stream relocation projects: Notification: For activities autborized. byparagraph (b) of this NWT, the permittee must submit a pre -construction notificationto the district engineer prior to commencing the activity (see general condition 32). The pre-constructioh notification must include information regarding the - original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. ,(Authorities; Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair; rehabilitation, or replacement of any previously authorized structure or fill'tbat does not qualify for the Clean Water Act section 404(f) exemption for maintenance. NATIONWIDE PERMIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed,and maintained at pei7nittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands mid agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers; to remove, relocate, or alter the structural work Or obstructions caused thereby, without expense to the United States, No claim shall be made against.the United States' on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted', bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species, if a bottomless culvert. cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements,. 3. Spawning Areas. Activities in spawning areas during spawning seasons must beavoided to the maximum extent practicable. Activities that result in the physical - destruction.(e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section.307 of the Clean Water Act). 7. Water SMIIv Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic :system due to accelerating the passage of water, and/or restricting.its flow, must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable; the pre - construction course, condition,:capacity, and location of open waters must be'maintained for each activity; including stream channelization, storm water ranagement activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected.high.flows. The activity must not restrict or impede the passage of normal or high flows, unless the. primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic :environment (e.g., stream restoration. or relocation activities). 10. Fills Within 100-Year Floodolains. The activity must comply with applicable FEMA-approved:state or local floodplain management requirements: II.L, Equipment. Heavy equipment.working in wetlands or mndflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary, high water mark or high tide line, must bepermanentlystabilized at the earliest practicable date.. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow, or during low tides. 13, Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must he a single and, complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers, (a)No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official 'study status, 4 unless the appropriate Federal agency with direct management responsibility for such river, .has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a."study river" for possible inclusion in the system while the river 4 in an official studystatus, the, permittee must submit a pre -construction notification (see general condition.32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river: The:permittee shall not -begin the NWP activity until notified by the district engineer that the Federal -agency with direct management responsibility for that river has determined in writing that theproposedNWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers maybe obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g.; National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: httu:l/www_rivers.govt. .17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribalresources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for"such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect a listed species or critical habitat; unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and.critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre -construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate docuinentation has been submitted. If the appropriate documentation has not been .submitted, additional.ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-fedcralpermittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the.activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre - construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect' or will have "no effect" to listedspecies and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non -Federal applicant has identified listed species: or critical habitat that might be affected or is in°the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect' on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps., (d) Asa result .of formal or informal consultation with the FWS or NMFS the district engineer may add species -specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the `take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section: 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take, a.listed species, where "take" means to harass, harm, pursue, hunt, shoot,'wound, kill, trap; capture, for collect, or to Attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant, habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, -including breeding, feeding or sheltering. (f) if the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit -with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required byparagraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section I0(a)(1)(B) permit to determine whether the proposed NWP activity and the -associated incidental take were considered in the internal ESA section 7 consultation conductedfor the ESA section 10(a)(t)(B) permit. If that coordination results in concurrence from the agency thatthe proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate BSA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world Wide web pages athttp://www.fws.pov/ or http://wwxv,fws.gov/ipac and http://wNvw.nmfs.tioaa.gov/bL/§pecies/esa/ respectively. 19. .Migratory Birds and Bald and Golden Eagles. The permince is responsible for ensuring their action complies with the Migratory Bind Treaty Act and the Bald and Golden Eagle Protection Act. The pernritteeis responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory 0 birds or eagles,. including whether "incidental take" permits are necessary and available under the Migratery Bird Treaty Act or Sald.and Golden Eagle Protection Act fora particular activity. 20. Historic Properties. (a) Incases where the district engineer determines that the activity may havetlie,potentialto cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the.activity is not authorized; until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre -construction notification is required for the proposed NWP activity, the Federal perrnittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verily that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section;106 maybe necessary. The respective federal agency is responsible for fulfilling itsobligationto comply with section 106. (c) Non-federal permittees'must submit a pre -construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined'to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties: Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to cant' out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to. cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines' that the activity does not have -the potential to cause effects on historic properties (see 36 CFR 8003(a)). Section 106 consultation is required when'the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historiaproperties affected, no adverse effect, or adverse effect. Where the non -Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NI3PAseotion 106'-consultation has been completed. 7 (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA section 106 consultation is required. ifNIIPA section IM consultation is required, the district engineer will notify the non -Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps:, (e) Prospective permittees should be aware that section I Ok of the (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to.an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This. documentation must include .any views obtained from the _applicant,: SHPOITHPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to. those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that:mayaffaetthe remains and artifacts -until the required coordination has been completed'. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22., Designated Critical Resource Waters. Criticatresource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves: The district engineer may designate, after notice and opporumity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical 'resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United.States are not authorized byNWPs 7, 12, 14, 16,.17, 21,29,31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) ForNWPs 3, 8, 10,13, 15,1'8, 19,22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters, The district engineer may authorize activities under these N WPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitt ag tion. The district'engineer will consider, the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) . Mitigation in all its forms (avoiding„minimizing, rectifying, reducing, or compensating for resource losses) will:be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than, minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will'be required for all wetland losses that exceed 1/10=acre and require pre-consnvction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and proAdes an activity- specific waiver of this ,requirement. For wetland losses of-i/I0-acre or less that requite pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre -construction notification,'the district engineer may require compensatory mitigation to ensure that;the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas maybe the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody, is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (I) The prospective permittee is responsible for proposing an.appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the. activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in- lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation, (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more'thanminimal individual and cumulative adverse environmental effects (see %33 CFR 3310.1(e)(3)). (See also 33 CFR 332.3(b). (3) Since�the likelihood of success is greater and the impacts to potentially valuable uplands are Teduced; aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4),If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a.fmal mitigation plan that addresses the applicable requirements of 33 CFR 332A(c)(2) through (14) must be approvedby the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at"die impact site and the number of credits to be provided., (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of compensatory mitigation plan (see, 33 CFR 332.4(c)(1.)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the,NWPs.For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lostwaters-However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting.the established acreage limits also satisfies the no more than.minimal impact requirement for the NWPs. (h) Permittees may propose ;the use of mitigation banks, in -lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,. permittee-responsible mitigation may beenvironmentallypreferable if there are no mitigation banks, or in-lieu'fee programs in the area that have marine-or,estuarine credits. available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity; such as discharges of dredged or fill WE material into waters of the United States that will convert a.forested or scrub -shrub wetland to a herbaceous Wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of impoundment.Structures. To ensure that allimpoundment-structures are safely designed, the district engineer mayrequire non -Federal applicants to demonstrate, that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district:engineer may'also require documentation that the design has been, independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not;previously certified dompHance 'of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)), The district engineeror State or Tribe may require additional water quality management, measures to ensure, that the,authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a .State may, require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Reeional and Case-Ey-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe; or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP fora single and complete project isProhibited, except when the.acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if road crossing over tidal waters is constructed under, NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters -of the United States for the total project cannot. exceed l/3-acre, 29. Transfer of Nationwide Permit Verifications. If the permittee,sells the. property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and'the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this, nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To 11 validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have The transferee sign and date below," (Transferee) (Date) 30. Compliance Certification. Each.permittee who receives anNWP verification letter from the Corps must provide a signed certification,documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the.district engineer. The Corps will provide the perminee the certification document with the NWP verification letter. The certification documentmill include; (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional; or activity=specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance, with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements,' the certification must include the documentation required by 33 CPR 332.30)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The -signature of the permittee certifying the completion of the activity=and mitigation. The completed certification document must be submitted'to the district engineer within 30 days of completion of the authorized activity or the implementation of'any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE projecVD, the prospective permittee must submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alteri occupy, or use the USACE project, and the district engineer issues a written NWP verification. .32. Pre -Construction Notification. (a) Timin . Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre - construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to "request the additional information necessary to make the PCN complete. The request must.specify the information needed to makethe''PCI4 complete. As a general rule, district engineers will request additional information necessary to make the PCNcomplete only once: However, if the 12 prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that'the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received .by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the'NAT with any special conditions imposed by 'the district or division engineer;. or (2) 45 calendar days havepassed from the district engineer's receipt of the complete PCN and the prospective permittee has not received, written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties; the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential'to cause effects" on historic properties, or that,any consultation required under Section T of the Endangered Species Act (see 33 CFR 330.4(fj) and/or. section ;105 of the National Historic Preservation Act (see 33 CFR'330.4(g)) has been completed. Also, work cannot begin underNWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed,specifred limits of an NWP, the permittee may'not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within-45 calendar days of receipt of a ncomplete PCN, the permittee cannot begin the activity until an individual permit has.been obtained. Subsequently; the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330:5(d)(2) (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity's put -pose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result. from the NWP activity, in acres, linear feet,, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed,project or any related' activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre -construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effectsofthe; activity will be no more Ulan minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. 13 Sketches should be provided when:neeessaiy to show tbat,the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain.sufficient detail to provide an illustrative. description of the proposed activity (e.g., a conceptual plan), but do.not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic,sites, and other.waters, such:as lakes, and ponds, and perennial, intermittent, and ephemeral ,streams, on the project site. Wetland delineations. must be prepared ;in accordance with the current method required by the. Corps. The permitteemay aslethe Corps to delineate the special aquatic sites and other waters on the project'site, but there may be a delay if. the Corps does the delineation, especially if the project site is large or contains many wetlands, other special, aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as. appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must.submit a statement describing how the mitigation requirementwill be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7 For non -Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the. activity is located in designated critical, habitat, the PCN most include the•name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non -Federal permittees, if. the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the NationalRegister of Historic Places, the PCN must state which.historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pie -construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter. or temporarily or permanently occupy or use a US. Army Corps of Engineers federally authorized civil works project, the pre -construction notification must include a statement confirming thatthe,project proponent has submitted a written request for section408 permission from the Corps office'having jurisdiction over that USACE'project. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an .NWP PCN and must include all of the applicable information required in paragraphs (b)(l) through (l0) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and 14 supporting materials if the district engineer has established tools and procedures for electronic submittals: (d) Agency Coordination:-(1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms. and conditions of the N WPs and the need for mitigation to reduce the activity's adverse. environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that requireepre- construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (u) NWP 21, 29, 3.9, 40,-412; 43„44 50, 51, and 52 activities that require pre - construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iir7 NWP 13 activities in excess of 500 linear, feet, fills greater than one cubic yardper running foot, or involve. discharges of dredged. or fill material into special aquatic sites; and (iv), NWP 54,activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the :ordinary high water mark in the Great Lakes. (3) When.agency coordination is required,, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality, agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district; engineer via telephone, facsimile transmission, or e-mail that they;intend to provide substantive, site -specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the lire -construction notification. The district engineer will fully consider agency comments received within the.specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associatedwith each pre -construction notification that the resource agencies' concerns were considered.. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an; unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency; the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act, (3) Applicants are encouraged to provide the Corps with either electronic files' or multiple copies of pre -construction notifications to expedite agency coordination. DISTRICT ENGINEER'S DECISION 1. In reviewing the PCN for the proposed activity; the district engineer will' determine whether the activity authorized by the NWP will result in.more than minimal 15 individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specifie NWP, the district engineer should issue theNWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determinesi after considering mitigation, that. the proposed activity will result in more: than minimal individual and cumulative adverse effects on the aquatic environment: and, other aspects of the public interest and exercises discretionary autbority to require,an'individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfythe-terms and conditions of the N(s), as well as the cumulative effects caused by all. of the crossings authorizedWP by NWP: If an applicant requests a waiver of the 306 linear foot limit on impacts to streams or of an otherwise, applicable limit, asprovided for in NWPs 13, 21, 29, 36, 39, 40 42, 43, 44, 50 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral, stream bed and a 1/2-acre limit (i,e., NWPs 21, 292 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed,;plus any other losses of jurisdictional. waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct' and.indirect effects caused by.the NWP activity. Ile or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects: are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected bythe NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost es a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g.; watershed or ecoregion), and mitigation required by the district engineer, If an appropriate.functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site- specific environmental concerns, 3. If the proposed activity requires a:PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more -than minimal, after considering mitigation, the district engineer will notify the permitt'ee and 16 include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 392.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Ifthe prospective permittee elects.to submit, a compensatory mitigation plan with the PCN; the. district engineer will expeditiously review the proposed compensatory mitigation plan. The district, engineer must review the proposed compensatory mitigation planwithin.45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to`the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant's submission of amitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific; modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or. 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that 'would reduce the adverse'environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that priorr approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. 1. District Engineers have authority to determine. if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required.by law. 3. NWPs do not:grant any property rights or, exclusive privileges. 4. NWPs do not authorize any injury to the propertyor rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). 17 DEFINITIONS Best managementpraoticesfiBMN:'Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BNII's are categorized as structural or non-structural. Compematorvmitlgation;The restoration (re-establishment or rehabilitation), establishment (creation), enhancement; and/or in certain circumstances.preservation of aquatic resources for the purposes of offsetting.unavoidable adverse impacts which remain after all appropriate and practicable avoidance and; minimization has. been achieved. Currently serviceable: Useable as is or with some maintenances but not so degraded as to. essentially require reconstruction, Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term "discharge" means any discharge of dredged or fill material into waters of the United States. Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration,.enhancement, or establishment activity underNWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference maybe based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as:a result of the proposed NW 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region. Enhancement The. manipulation of the physical, chemical, or biological characteristics of, an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s), Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline: in other aquatic resource function(s). Enhancement does not result in again in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area, _High Tide ire; The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may determined, in the absence of actual data, by a lineof oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The lure encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building; structure, or other object includedin, or eligible for inclusion in, the National 18 Register of Historic. Places maintained by the Secretary - of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR. part 60). Independent utility: A test to determine what constitutes a single and complete non- linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built -can be considered as separate single and complete projects with independent.utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable: Intermittent stream: An intermittent stream has flowing water, during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that: are permanently adversely affected by filling, flooding, excavation, or drainage because of theregulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services: The loss of stream bed includes the acres or linear feet of stream bed. that are filled or excavated as a result of thexegulated activity. Waters of the United.States temporarily filled, flooded, excavated, or drained, but restored to pre construction contours and elevations after construction, are not included in the, measurement of loss of waters of the United States. Impacts resulting from activities that. do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United'States. Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899, These waters are defined at 33 CFR part 329. Non -tidal wetland:.A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e, spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples.of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream: has flowing water year-round during a typical year, The water tablets located above the stream bed for most of the year. Groundwater is the 19 primary source of water for -stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification maybe required by the terms and conditions of a nationwide permit, or by regional conditions. A pre - construction notification maybe voluntarily submitted in cases wherepre-construction notification is not°required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance ofaquatic resources through the implementation of appropriate legal and physical'inechanisms, Preservation does not result in a gain of aquatic resource -area onfunetions, Protected tribal "resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natdral/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines: Riffle and pool complexes sometimes characterize steep gradient sections ofstreams. Such stream sections are recognizable by their hydraulic, characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent,surface, and high dissolved oxygen levelsin the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas.provide a variety of ecological functions and services and help improve or maintain local water. quality. (See general condition 23.) 20 Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consistof shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear prolect:' A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to:a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term'"single and complete project' is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a, specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in;a braided stream or river, or individual arms ofa large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. :Single and complete non -linear proiect: For non -linear projects, the term "single and. complete project' is defined at 33 CPR 330.2(i) as the total project proposed orr accomplished by one owner/developer orpartnership or other association of owners/developers, A single and complete.non-linear project must have independent utility (see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,, and flooding and mitigating the adverse effects of changes in land use on the aquatic .environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel,between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed.. Stream channelizatiom The manipulation of a stream's, course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States: Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent,mooring structure, power transmission line, permanently moored floating vessel, piling, aid to,havigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where. the rise and fall of the water 21 surface can no longer be practically:measured'in a.pre4ctable rhythm due to masking by other waters, wind, or other effects. Tidal. wetlands are located channelwardof the high tide line. Tribal lands: Any lands title `to which is either: 1).held' in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Those tights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that aropermanentlyinundated. and under normal circumstances have tooted aquatic vegetation, such as seagrasses: in marine and estuarine Systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is jurisdictional water of the United States. If a wetland is adjacent to, a waterbody determined to be a water of the United States, that waterbody and.any adjacent -wetlands are considered together as a single aquatic unit (see 33 M328.4(c)(2)), Examples of "waterbodies" include streams, riverslakes, ponds, and wetlands. 22 FINAL 2017 REGIONAL CONDITIONS NOTICE ABOUT WEB LINKS IN THIS DOCUMENT.' The web links (bothinternalto our Wilmington District and any external links to collaborating agencies) in this document are validat the time ofpublicatiom, However, the Wilmington District RegulatotyProgram weft page addresses, as with other agency web sites, .may change over the timefrane of the five year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re -direct pages whenever possible; we ask that you report any broken. links to us so we can keep the page information current and usable. We apologize in'advanced for any broken links that you may encounter, and we ask that you navigate from the Regulatory home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District Corps of Engineers; to the "Permits" section of our web site tofind links far pages that cannot befound by clicking directly on;the listed web link in this document. Final 2017 Reeional Conditions for Nationwide Permits {1VWP.1 in the'Wilminatou District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all N.WP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina.Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife. Resources Commission (NCWRC)'as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from the Corps and either NCDMF or NCWRC. 1.2 Trout Waters Moratorium Waters of the United.States in the designated trout watersheds of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC, or from the Eastern Band of Cherokee Indians,(EBCI) Fisheries and Wildlife Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for information on the designated trout watersheds). 1.3 Sturgeon. Spawning Areas as Designated by the.National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 23 2;0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWPs. These waters are: 2A Western NC Counties that Drain. to Designated Critical Habitat For proposed ,activities within waters of the United States. that require a Pre -Construction Notification (PCN) and are located infhe sixteen counties listed below, permittees "must provide a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS),160 Zillicoa Street, . Asheville,.North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and Wildlife, Service and the Corps Asheville Regulatory Field Office. Please see General. Condition 18 for specific notification requirements related to the Endangered Species Act and the below website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical `habitat that require notification to the Asheville U.S. Fish and Wildlife Service; Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes,'Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington Districthas developed the following website for permittees which provides. guidelines on'how to review linked websites and maps in order to fulfill N WP General Condition 18 reauireinents: Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife Service offices listed. below or Corps at (910) 251-4633: Asheville U.S. Fish and Wildlife Service Office counties: All counties, west of and including Anson, Stanly, Davidson, Forsythe and Stokes Counties. U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa.Street Asheville, NC 28801 Telephone: (829) 258-3939 Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery; Randolph, Guilford, and. Rockingham Counties. U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 24 Raleigh,NC 27636-3726 Telephone: (919) 856-4520 2.2 Special Designation' Waters 'Prior to the use of any NWP, except NWP 3, that.involves a discharge of dredged or fill material in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees shall submit a PCN to the District Engineer prior -to commencing the activity (see General Condition 32). The' North Carolinawaters and wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA), including inland PNA, as designated by the North Carolia Marine Fisheries Commission and theNCWRC; or wetlands adjacent to these waters. Definitions of ORW,HQW and PNAwaters can be found in,the North Carolina State Administrative Code, Title 15A, Subchapters 2B and 10C (15A.NCAC,0213, 15A NCAC 10C) and at the following World, Wide Web page: 30Environmental%200u"ality&lookUnError-15A%20NCAC%u20000"/020. Surface water classifications for waters in North Carolina can be viewed at the North Carolina Division of Water Resources website or at the following World Wide Web Page: littos•//decinc sov/about/divisions/water-resources/planiiinT/classifieation- standards/classifications Permittees who do not have internet access may contact the Corps at{919) 251- 4633. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental' Concern Non-federal permittees for any NWP in a designated "Area. of Environmental Concern' (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (LAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is fuinished'to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office— 69 Darlington Avenue; Wilmington, NC 28403, (910) 251-4802 or Washington Field Office-2407 West 5th Street, Washington, NC 27889, (910) 251-4610). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.5 Mountain or Piedmont Bogs Prior to the use of anyNWPin a Bog, as classified by the. North Carolina Wetland Assessment Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). The latest version ofNCWAM can be 25 viewed on the Corps RIBITS (Regulatory In -lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: littps.//ribits.usace.anny.mil/ribits aycx/t o=iI07-27'O"NO::: 2.6 Animal Waste Facilities Prior to use of. any NWP for construction of animal waste facilities in waters of the united States, including wetlands, permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the 294 designated trout watersheds of North. Carolina, the permittee shall submit a PCN{see General Condition 32) to the District Engineerprior to commencing the activity, unless other thresholds are established in the Regional Conditions in Section 4 (Additional, Regional. Conditions for Specific Nationwide `Permits). The.permittee.shall also proyide a copy of the notification to the appropriate NCWRC office, or'to the EBCI'FWM Office (if the project is located, on EBCI trust land), to facilitate the determination of any potential impacts to designated Trout Waters. Notification to the Corps will include a statement with the name of the NCWRC or E13CI FWM biologist contacted, the date of the notification, the location of work, a delineation of wetlands and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives were,not selected, and, if applicable, a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters'. NCWRC and NC Trout Watersheds: NCWRC..Contact** Counties that are entirely within, Trout Watersheds* Counties that are, partially within Trout Watersheds* Mountain Coordinator Alleghany Jackson Burke McDowell Balsam.Depot Ashe Macon Buncombe Mitchell 20830 Great Smoky (Avery Swain Caldwell Poll, Mountain Expressway Graham Transylvania Cherokee Rutherford Waynesville, NC 28786 Haywood Watauga Clay Surry Telephone; (828) 558-6011 Henderson Wilkes Madison Yancey For NCDOT Projects: NCDOT Coordinator 206 Charter. Street Albemarle, NC 28001. Telephone: (704) 982-0i81 26 *NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828).271-7980 or view maps for each County at the following World Wide Web page: **If a project is located on EBCI trust land, submit the PCNin Accordance with Section 3.14. Contact the Gorps Asheville Regulatory Field Office at(828) 271-7980;with questions. 2.8 Western NC Waters and Corridors The permittee shall submit a PCN (see General Condition 32) to -the District Engineer prior to commencing the activity in waters of the United States if the activity will occur within any of the following identified waters in western North Carolina, within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River; as measured from the top of the bank of the respective water (i.e., river, stream, or creek): Biasstown Creek Burningtown Creek Cane River Caney Fork Cartoogechaye Creek Chattooga River Cheoali River Cowee Creek Cullasaja River Deep Creek Ellijay Creek French Broad River Garden Creek Hiwassee River Hominy Creek Iotla Creek Little TennesseeRiver (within the river or within 0.75 mile on. either side of this river) Nantahala River Nolichucky River North Fork French Broad River North Toe River Nottley River Oconaluftee River (portion not located on trust(EBCI land) Peachtree Creels Shooting Creek Snowbird Creek South Toe River Stecoah Creek Swamanoa River Sweetwater Creek 27 Tuckasegee River (also, spelled Tuckaseegee or Tuckaseigee) Valley River Watauga Creek Watauga River Wayah Creek West Fork French Broad River To determine notification requirements, contactthe Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for all corridors at the following World wide Web page: 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide_ Permits in the Wilmington District: 3.1 Limitation of Loss of Stream Bed NWPsmay not be used for activitiesthat may result in the loss or degradation of more than 300 total linear feet of stream. bed, unless the District Engineer has waived the 300 linear foot limit for ephemeral and intermittent streams on a case -by -case basis and has determined. that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented, by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions). *NOTE: Permittees-should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: httnsJ/ribits.usace:annv:mil/ribits apex/f?p=107:27:0•:NO::: 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feetof stream, the permittee shall provide amitigation proposal to compensate for more than:minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that require a PCN, the District Engineer may determine, on a case -by -case basis, that.compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre -construction Notification for Loss of 5treambed Exceeding 150 Feet Pilot to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream, intermittent or ephemeral stream; the permittee shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). This applies to 28 NWPs that do.not have specific notification requirements. If a NWP has specific notification requirements, the requirementsof the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow thews of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact the water in or entering into waters ofthe United States. Water inside.coffer dams or casings`that bas been: in contact with wet concrete shall only be returned to waters, of the United States after the concrete is. set and cured and when it no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.51. Whcre banlcstabilization is conducted as part of an activity, natural design, bioengineering and/or geoengineering methods thatincorporate natural durable materials, native seed.mixes, and native plants and shrubs are to be utilized to the maximum extent practicable. 3.5.2. Filter cloth must be placed_ underneath the riprap as an additional requirement of its use in North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the`Impacts of complyingwith this.Regional Condition would result in greater adverse impacts to the aquatic environment. 3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.5. It shall be of size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.6. The riprap material shall consist of clean rook or masonry material such as, but not limited to, granite, marl, or broken concrete. 3:6 Requirements for Culvert Placement 3.6.1 For all NWPs that involve the-constructionlinstallation of culverts, measures will be included in the construetion/installation that will promote the'safe passage -of fish and' other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by altering the width or depth of the stream profile in connection with the construction activity. The width, height, and gradient of a proposed culvert should be RM sufficientao pass: the average historical low flow and spring flow without adversely altering flow velocity. Spring flow is the seasonal sustained high -flow that typically occurs in the spring. Spring flows should -be determined from.gage data, if available. In the absence of such data, bank -full flow can be used as a comparable indicator. In Public Trust Areas. of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial. of the bottom of the cuNcrt-at least one foot below normal bed elevation. Circular Culvert } l Rise Streambed� (Diameter) ®ice M� T: i �• �q. In all other,areas: Culverts;greater than 48 inches in diameter will be buried at least one foot below the bedof the stream. Culverts 48 inches in.diameter or less shall be buried to maintain aquatic passage and to maintain passage during drought or low flow conditions, and every effort shall be made to maintain the existing channel slope. Culverts must be designed and constructed in a manner that minimizes destabilisation and head cutting. Destabilizing -the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A. waiver from the depth "specifications in this condition may be requested, in writing, by the permittee and issued by the Corp; this request must be specific as to the reasons(s) for. the request. The waiver will be issued if it can be demonstrated that the proposed design would result in less impacts to the aquatic environment. All counties: Culverts placed within riparian and/or iiveiine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. 30 Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. 3.6.2 Bank -full flows (or less) shall be. accommodated through maintenance of the existing bank - full channel cross sectional area. Additional culverts or culvertbarrels at such crossings shall be allowed 'only -to receive bank -full flows. ,Reproach All Roadway Culvertburied Banl;full belowstreambed tpappmpriate depth(ifrequi ed). Bat M/ Stream Blockage Bottom 3.6.3 Where adjacent floodplain.is available,flows exceeding bank -full should be accommodated by installing culverts at the'floodpl'ain elevation. Additional culverts or culvert barrels at such crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only receive flows exceeding bank -full: 3.6.4.Excavation of existing stream channels shall be limited to the minimum necessary to construct or installlhe proposed culvert. The final width of the impacted stream at the culvert inlet and outlet should be no greater than the original stream width. A waiver from this condition may requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if the proposed design would result in less impacts to the aquatic environment and/or if it can be demonstrated. that it is not practicable to restore the final width of the impacted stream at the culvert inlet and outlet to the width of the original stream channel. 3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the width of the culvert is wider. than the stream channel, the culvert shall include baffles, benches and/or sills to maintain the width of the stream channel. A waiver from this condition may requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if it can be demonstrated that it is not practicable or necessary to include baffles, benches or sills and the design would result in.less impacts to the aquatic environment. 3.7 Notification to NCDEQ Shellfish Sanitation Section Permittees shall notify the NCDEQ Shellfish'Sanitation Section prior- to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shellftshing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made.. Such notification shallalsobe provided to the appropriate Cotes Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November I and April 30 when recreational usage is low. Only clean sand 31 should be used and no dredged sand from closedshell fishing areas may be used,. if beach disposal were to occur at times other than stated above or if sand from aclosed shell' fishing area, is to be used, a swimming advisory shall be posted, and a:press release shall be issuedbythe permittee, 3.8 Submerged Aquatic Vegetation Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, exceptNWP 48, unless EFH Consultafion,has been completed pursuantio the Magnuson,Stevens Fisheries Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN (See NWP General Condition 32) to (lie Dist ict.P.ngineer prior to commencing the activity if the project would affect SAV. The permittee may not begin work until notified by the Corps that the requirements of the Magnuson -Stevens Act have been,satisfied and that the activity is authorized. 3.9 Sedimentation and Erosion Control Structures and Measures All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the United States. The structures and measures should be depicted on maps, surveys or drawings • showing location and impacts to jurisdictional wetlands and streams. 3.10 Restoration of Temporary Impacts to Stream Beds Upon completion of work that involves temporary stream impacts, streambeds are to be restored to pre -project elevations and widths using natural streambed material such that the impacted stream reach mimics the adjacent.upstream and downstream reach. The impacted area shall be b'ackfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted area, if shallower than 12 inches. An engineered in -stream structure or material can be used to provide protection of a buried structure if it provides benefits to the aquatic environment and can beaccomplished by a natural streambed design. A permittee may request a waiver of this condition if it is determined a buried structure needs significant physical protection beyond those provided in this condition. This condition does, not apply to NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.11 Restoration of Temporary Impacts to Stream'Banks Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre -project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials, native seed mixes; and native plants and shrubs are to be utilized !tithe restoration. Natural designs which use broengineeredandlor geo- engineered methods are to be. applied. An engineered structure ormaterial can be used to provide protection of a buried structure if it provides benefits to the stream bank environment, provided it is not in excess of the minimum amount needed for protection and, does not exceed an average of one cubic yard per runnhig.foot placed along the bank below the plane of the ordinary high water mark. A permittee may request awaiver of this condition if it is determined a buried structure 32 needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP V — Aquatic Habitat Restoration, "Enhancement, and Establishment .Activities. 3.12 Federal Navigation Channel Setbacks and Corps Easements 3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways will be constructed in accordance.with the latest setback criter'iaestablished by the Wilmington District Engineer: You may review the setback policy at .tittp://www.saw.usace.armv.mil/Missions/Navieation/Setbacks.asnx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee: shall submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any structures or fills within the Federally Authorized Channel Setback. 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a.federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAW Web-NAVRmusace.army.mil 3.13 Northern Long-eared Bat —Endangered Species Act Compliance The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat (NLEB) (Mybtis seotenfrionalis) and Standard Local Operating Procedures for, Endangered Species (SLOPES) have been approved by the Corps and the'USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or federally designated critical habitat, A. Procedures when the Corps is the lead federal* agency for a project: The permittee must comply with (1) and (2) below when: • the project is located in the western 41 counties of North Carolina, to include non- federal aid North Carolina. Department of Transportation (NCDOT) projects, OR; • the project is located in the 59 eastern counties of North Carolina, and is a non- NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the, Corps will be the lead federal agency due to the requirement to obtain Department.of the Army authorization to impact waters of the United States, If the project is located onfederal land, contact the Corps to determine the lead federal agency. 33 (1) A permittee using a N WP must check to see "if their project is located in the range of the NLEB by using the followingwebsite: http /Avtivw fivs gov/midwest/endangered/mammals7nleb/odf/WNSZone pd£ If the project is within, the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the permittee is then.reyuired to check the appropriate website in the paragraph below to discover if their project: is located in a 12-digit Hydrologic Unit Code=area ("red HUC'- shown as red areas on the map), AND/OR; involves percussive activities within 0.25 mile of red HOC. Red HUC maps - for the western 41 counties in,NC (covered by the Asheville Ecological Services Field Office), check the -project location against the electronic maps found at: httpJ/www.fws.gov/asheville/htmis/proiect review/NLEB in WNC.htinl. For, the eastern 59 counties in NC (covered by the Raleigh'Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws:gov/raleiefi/NLEB RFO.html. (2) A p'efmittee miist submit a PCN to'the;Distriet Engineer, and receive written authorization from theDistrict Engineer, prior to commencing the activity, if the activity will involve any of the following: tree clearinglremoval, construction/installation of wind turbines in aired HUC, AND/OR; bridge removal or maintenance, unless the bridge has been inspected and there is - no evidence of bat: use, (applies anywhere in the range of the NLEB), AND/OR: percussive activities in a red HUC;, or within 0,25 mile of a red F1UC. The permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS, provided the activity complies with all applicable NWP terms and general and regional conditions;, if the permittee's review under A:(l) and A,(2) above shows that the project is: located outside of a red HUC (and there are no percussive activities), and the activity will NOT:include bridge removal or maintenance, unless the bridge has been inspected. and there is no evidence of bat use, OR; located outside of a led HOC and there are percussive activities, but the percussive activities will not occur within 0.25-mile:of aired fRJq boundary; and the activity will NOT include bridge removal or maintenance, utiless the bridge has been inspected and there is no evidence of bat use, OR; 34 located in a red HUC, but the activity will NOT includei tree clearing/removal; construction/installation of wind turbines; bridge removal or.maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; any percussive activities. B. Procedures when the USACE is not the lead federal agency: For projects where another federal agency is the lead federal agency- if that other federal agency has completed 'project -specific ESA,Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB;, and (2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS office's website), that project may proceed without notification to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met. The NLEB SLOPEScan viewed on the USACE website at the following World Wide Web Page: http://uvvw.saw.usace.atmy.mil/Missions/Re ug latory-Permit-Program/Anenev- Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910) 251- 4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land); must comply with the; requirements -of'the latest.MOU between the Wilmington District and the Eastern Band of Cherokee' Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #3 — Maintenance 4.1.1 In designated trout watersheds, a PCN is not required for impacts to a maximum of 75 linear feet (150 linear feet.for temporary dewatering) of streams and waterbodies when conducting maintenance activities. Minor deviations in an existing structure's configuration, temporary structures and temporary fills are authorized as part of the maintenance activity. In designated trout watersheds, the permittee shall submit a PCN (see"Regional Condition 23 and, General'Condition 32) to the District Engineer prior to commencing the activity if; 1) impacts (other than temporary dewatering to work in dry conditions) to streams or waterbodies exceed 75 linear feet; 2) temporary impacts to streams or waterbodies associated with dewatering to Work in dry conditions exceeds.150 linearfeet;:3) the project will involve impacts to wetlands; 4) the project involves the replacement of a bridge or spanning structure with a culvert or non - spanning structure in waters of the United States; or 5) the activity will be constructed during the trout waters moratorium (October 15 through April 15). 4.1.2 The permittee shall submit a PCN. (see NWP General Condition 32) to the District Engineer prior to commencing the activity if the activity involves repair, rehabilitation or replacement of impounding structures or parts of impounding structures or fills. 35 .4.1.3 The permittee shall submit a:PCN to tile District,Engineer prior to commencing the activity if the activity will involve the discharge of dredged or fill material into more than 1/10-acre of wetlands or 150linear feet of stream channel for the construction.oftemporary access fills,and/or temporary road crossings. The'PCN must include a restoration plan that thoroughly describes how all temporary fills will be. how pre -project conditions will be restored, and include a.timetable for all restoration activities. 36 Unfitted Sta tes.De pa ttmentt of the ffiat lrnor FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North.Carolina 27636-3726 G>< EDB LINES FOR AVOIDING IMPACTS TO TTIM' WEST MDIAN MANATEE Trecautionarq Measures for Construction Activities in North Carolina Waters The West Indian manatee (ZYichechus manatus), also.known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973; as amended (16 U.S.C. 1531 e'tseq.) and.the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 at seq.). The manatee is also listed as endangered unddr'the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The T7.$: Fish and 'Wildlife Service (Service) is the lead Federal agency responsible .for the protection and recovery of the West Indian manatee 'under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have. been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, braeldsh, or marine waterhabitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or .partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in -water projects which do not require blastingto proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as,conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. Time measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any hann to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees_ 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming; harassing; or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation. or vessel movement, all appropriate precautions will be. implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee:has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph, 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph: 252-448-1546). S. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel' operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily Brow June .throughOctober. Idle speed' is required if operating this vessel in shallow water during these months. All equipment -must be shut down if a manatee comes within 50 feet. of the vessel or operating equipment. A collision with and/or -injury to the manatee must be reported immediately to the US.. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252428-8762), and the North Carolina Wildlife Resources Commission (252- 448 1546). 6. The contractor will maintain a.log detailing sightings, collisions, and/or injuries .to manatees during project. activities. Upon completion of Ahe action, the project manager will prepare a report which summarizes all information on manatees encountered, and submit the reportto the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "ho wakerdle' speeds at all times while in water wherethedraft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water; these barriers will be: (a) made of material in which manatees cannot. become entangled; (6) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not. become entangled. Barriers will be placed in a manner to allow manatees entry to or eidt from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 2�6363726 919856-4520 Figure 1. The whole body of the Vest Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small, part of the head when the manatee raises its nose to breathe. 0 Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark M. K. 1997. Endangered, Threatened,.and Bare Fauna of North Carolina: Part I: A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3, North. Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. 3 Coastal Management ENVIRONMENTAL QUALITY April 26, 2018 TO: Tim Walton Dept of Administration State Property Office ROY COOPER Govemor RECEIVED MICHAEL S. RE Secretary MAY 01 2018 DOA STATE PROPERTY OFFICE BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coats()ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead YI , Please indicate below your agency's position or viewpoint on the pr sed project and return this form to Heather Coats at the address above by May , 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. RTY: This agency has no objection to the project as proposed. A la **Additio mments may be attached** his agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATED V �CEIVED Mqy 23 . MM�w State of North Carolina I EnvironmD�Qu ty�T�i�r pm, 127 Cardinal Drive Ext., Wilmington, NC 29405 1 r 910-796-7215 RECEIVED DCM WILMINGTON, NC w Bodnar, Gregg From: Coburn, Chad Sent: Tuesday, May 29, 2018 11:03 AM To: Bodnar, Gregg Subject: RE: comment check in Carolina Beach Boatyard and Marina is 2018-0540 Trotman is 2018-0610 Furr is 2018-0608 More to come..... From: Bodnar, Gregg Sent: Tuesday, May 29, 2018 10:35 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: comment check in Morning Chad, You might have already sent them in to Heather or DCM in Wilmington, if so please disregard, they should be making their way up to Morehead City soon. Carolina Beach Boatyard and Marina Williams, Mary and Reynolds Furr, Olin Trotman, William Thanks for everything, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(o ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 -'i Nothing Compares..-., MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —William Troutman, New Hanover County Date: June 4, 2018 This project is consistent and not in conflict with the 2016 New Hanover County Comprehensive Land Use Plan Update. The'applicant is proposing to construct a new bulkhead 2' waterward of an existing bulkhead. The project is located at 121 Point Drive, adjacent to Pages Creek in New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are CW, ES, PTA and EW. Waters at the project site are classified as SA and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The 2016 New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Cc: File WOkApv�r NO Coastal Management ,ENVIRONMENTAL QUALITY Received: 05/11/2018 State Historic Preservation Office RECEIVED JUN 5 2018 April26, 2018 MP SECTION MHD TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History ER 18-1112 Due -- 5/21/18 ROY COOPER Gawmor MICHAEL S. REGAN s,mtaq 6RAXTON DAVIS Doren., Y w A- S_25-Ig --FROM;---- - -Heather Goats; Assistant-MajorPermits-CoordinatorLL NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats cDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead vl Please indicate below your agency's position or viewpoint on the pr sed project and return this form to Heather Coats at the address above by May , 2018. if you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ala DATED !o ' y' 18 Slaw of Nonit Caroliaa I Emimnmcmul Qaality I Coastal hWagcmcnt MAY 1 4 2019 127 Cardinal DnV4 EzL. Wilmington NC 28403 910-796.7215 b':b 2ECIIOH WHO 'ISM @ 504 Coastal Management ENVIRONMENTAL QUALITY April 26, 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Govemor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director RECEIVED MAY 0 3 2018 NC DOT DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats�ncderr�ov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead Please indicate below your agency's position or viewpoint on the pr sed protec t and return this form to Heather Coats at the address above by May , 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Z1 J 404lLC✓ DATED_DT RECEIVED /�//�� MAY 2 3 2018 State of North Carolina [ Environmental QiAyR{/,'1Y,.t �9` y 127 Cardinal Driw Ext., Wilmington, NC 28405-- y/7Y 910-796-7215 RECEIVED DCM WILMINGTON, NC MAY 16 2018 Coastal Management 'ENVIRONMENTAL QUALITY April 26; 201.8 TO: Maria Durfn NC:Wildlife Resources,Commissioh FoeWiR0 ROY COOPER doyemor MJQP,AEL S.. REGAIN SeC-il-7 BRAXTON DAVIS .mrxoar ti FROW Heather Coats,Assistant Major Permits 'Coordinator .,>, NCDEQ - Division of Coastal Management SIM 1 , 27 Cardinal 'Wive Ext.,,,Wilm.-,.NC 28405 heath6r.'coats(5)ncdenr.qo Fax�5 - 5-39IQ4, (Qoufierr0+16-3;) SUBJECT: CAMA i Dredge & Fill Application Review Applicant: William Trotman Pr9j9ct Location: 121 Point Dr.,, adjacent to Pdges, Creek, in, Wilmington,,,New Hanover Co. Proposed Project. tpvonstructa new bulkhead 2'wat6rwafd of an ig)(19iing bulkhead yf Please indicate below your agency' . s position or viewpoint ,on the r , sed project: and r return this form to Heather Coats at the address above by May3;, 2018. If you have any questions, regarding the proposed project, contact Courtney Spears At (010) 796-7428 when appropriate in-depth cpmmentqwith supporti.ng data is, requested. ,REPLY: This agency ' -has no objection to the projectas proposed. **Additional comments May be attached' This agency has no comment on the. proposed project. This agency approves iof the project only if the recommended changes ,are, incorporated. See atta.ched�, This agency objects to the project for reasons described in the attached comments. SIGNED. mun 1. DATED RECEIVE® MAY 1 7 2018 State of Nordt Carolina I Environmental;Quality I Coastal Mamagcmmn 127 Cmilirial Drive Ext., Wilmington, NC 28405 MP SECTION MHD 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY April 26, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS DoY, , FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsanncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead Please indicate below your agency's position or viewpoint on the pr sed project and return this form to Heather Coats at the address above by May , 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `*Additional comments may be attached"" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED JS" /- I RECEIVED MAY 0 7 2018 State of North Carolina I Environmental Quality' Coastal Management 127 Cardinal Dnve Ext, Wilmington, NC 28405 pCM-M H D CITY 910-796-7215 Coastal Managemenj ENVIRONMENTAL OUAUTY April 26, 21018 ROY COOPER GovomroIr MICHAEL S. REGAN seem'-7 BRAXTON DAVIS Director TO: Curt Weydhert, Fisheries, Resource, Specialist MHC-DCM'- FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management .127 Cardinal Drive., Ext.,-Wilm., NC 28406 heath&cbatsCo)ncdenrqo Fix: 395-3964 (Cobdet,,6446-33) '8UBJEQT: CAMA /Dredge & Fill Application Review Applicant: pt Project1ocation: 121,Point Dr.,, adjapentto Pages Creek, in Wilmington, New Hanover Co, Proposed Project., to construct anew bulkhead 2'wateiwatid of an existing bulkhead Please indicate below- your agency's position or viewpoint on the pc dled*p or ject'and 018. 2018 return this form to Heather Coats at the. address above. byMdJ_'_ V-,'2 - If you have, any questions regarding the proposed project, contaci.Courrtney Spears—Q 0) 796-7423 When appropriate in-depth comments with supporting dataisrequested. REPLY: _7This ,:agency has n6,objection,t6 the project'als proposed: "'Additional comments may, be attached*'*, This•agericy has no comment on the proposed project. This agency approves of the pro"ectonly 'if the'recommendecl changes are incorporate& See, attached,. This agency objects16 the project for reasons-dpscribed inthe, attached comments: SIGNED "YtMa V V� RECEIVED MAY' 8 2018 DATED � L16 11me of North Carolina I Environmental Qrmlity I Coastal Management MP SECTION MHD 127 Cardinal Drive Ext.,*Wittinngton. NC.2,8465 916,7964215, gECEIVED .MAY 01 Zola I)CM-Wo CITY i DocuSign Envelope ID: 3C87DOD9-2A70-3700A3FD-0DA68OC15DO8 � R M Coastal Management ENVIRONMENTAL QUALITY April 26, 2018 TO: Chad Coburn 401 Wetlands DWR - WIRO RECEIVE® JUN 1 1 2018 MP SECTION MH® ROY COOPER Governor MIC14AEL S. REGAN secmraq BRAXTON DAVIS Dune,., FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsna-ncdenr.gov Fax: 395-3964 (Courier r 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: William Trotman Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilm., New Hanover Co. Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return his form to Heather Coats at the address above by May 21, 2016. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Docuftned by: ,'.. • C S 64 06/08/2018 SIGNED E3A9"'°Ac7DW33... DATED State ofNoith Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 919 7967215 DocAign EnvelopeSD: OA2A28E5-87704285-8E7A-E3F473072A22 Water Resources Environmental Quality Mr. William H. Trotman 121 Point Drive Wilmington, NC 28411 Subject Property: 121 Point Drive June 8, 2018 RECEIVED JUN 1 1 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary MP SECTION MHDNDACULPEPPER Interim Director New Hanover County DWR Project: 2018-0610 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Trotman, You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 0.003 acres (128 square feet) of 404 wetlands to construct a new bulkhead as described in your application received by the N.C. Division of Water Resources (DWR) on May 2, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://Portal.ncdenr.org/web/wq/smT/ws/40 I/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (I5A NCAC 02H .0501 and .0502). "Nothing Cornpares" State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 DocuSign Envelope ID: OA2A28E6-87704285-8E7A-E3F473072A22 121 Point Drive-Trotman New Hanover County 2018-0610 Page 2 of 4 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] RECEIVED JUN 1 1 2018 MP SECTION II HD D61ouiijrn EnvelopoID: OA2A28E6-8770-4285-BE7A-E3F473072A22 121 Point Drive-Trotman New Hanover County 2018-0610 Page 3 of 4 All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and,after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 021-1.0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [ 15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: . http://portal.nedenr.ore/web/wq/swp/ws/401/certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are fmal and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at hLp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). RECEIVED JUN 1 1- 2010 DocuSign Envelope ID: OA2A28E5-8770-4285-8E7A-E3F473072A22 121 Point Drive-Trotman New Hanover County 2018-0610 Page 4 of 4 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.CoburnAncdenr.gov. Sincerely, DocuBIBneC by: Ste, 6" E3ABA14AC70C434... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Trip Pippin — Pippin Marine Construction, Inc. (via email) Liz Hair - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) WiRO/LF Permit Class NEW Permit Number 61-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrmft for X Major Development in an Area of Environmental Concern . pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to William Trotman. 121 Point Drive. Wilmington. NC 28411 Authorizing development in New Hanover County at adj. to Pages Creek, at 121 Point Drive, in Wilmington as requested in the permittee's application dated 4/1/18, including attached workplan drawings (2), both dated 4/1/18. This permit, issued on June 22, 2018 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at any point along its alignment at the time of construction. 2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the petmittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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 Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton 015avis, Director on of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Trg41nan ADDITIONAL CONDITIONS 11 The bulkhead shall be constructed prior to any backfilling activities. Permit No. 61-18 Page 2 of 3 The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. The fill material shall be clean and free of any pollutants except in trace quantities. backfill material shall be obtained from a high ground source and confined behind the permitted No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of sding on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately tdward of the bulkhead cap immediately following completion of backfilling activities. USACE Conditions n order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must mplement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. [he guidelines can be found at http://www.fws.gov/nc-es/MammaVmanatee_guidelines.pdf. General This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. ,.,The permittee shall maintain the authorized work in good condition and in conformance with the terms "and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. The permittee and/or his or her contractor shall meet with a representative of the Division prior to This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3 (Action ID SAW-2018-00906), issued 5/18/18. E: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0610, issued 6/8/18. William Trotman 'I-,. . 0 ADDITIONAL CONDITIONS Permit No. 61-18 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $250 was received by DCM for this project. OCN NP4 APPLICATION for :dolor Development Permit (fast revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name h. ro mar+ Applicant 2: First Name Ml Last Name #additional applicants, please attach an additional Page(s) with names listed. Mailing Address f ,ire PO Box city ldlmm ion State ti,C, ZIP Q // Country Phone p�N// (/ � � 7 U No. pJ p FAX No. -4Ob SZSIJ ext. - - Street Address (Adifferent from above) City State ZIP Email e6r N 2. AgenNContractor Information Business Nam _ ha Lt 6 14 s o� Agent/ Contractor 1: First Name MI LastName Agent/ Contractor 2: First Neine MI Last Avire Melling Address PO Box City wf A�,,.t Q� State A e. 112- 9t I ZIP Phone No. 1 Phone o. 2 ext. - - ext. FAX No. Contractor# v/! Street Address id different from above) City State ZIP ,;257/ Email /y Orr'RECEIVED�encnfcn <Form continues on bac MAY 01 2018 APR 0 6 2018 252-608-2808 .. 1 8bv- s: a -:: .. www.ncCOas1( ILMINGTON,NC Form DCM MP,-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can e) _. -. — Street Address State Rd. # ��tdpl AIM ver 21 Subdivision Name City State Zip Phone No. Lot No. s) fdmany, attach additional page with list) 9/6 -JX -S20 ed. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project �k s a Ids. the water b identified in (b) above, natural or manmade? d. Name the closest jor water body to the proposed project site. puNatural ❑Manmade ❑Unimown G� e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed L��lll ❑Yes �IN a work falls within. A Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.tL) It 33 ? 3'+" 179A am n. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL)(normal water level) "/ / I (Nmany lot sizes, plea a attach additional page with a list) S NHW or ❑NWL a. vegetation an tract n Z� �S`'�eCK L f. Man-made features and uses now on tract 2esr��c�tc� g. Identify and describetheexisting land uses adiscent to the proposed project site. C h. How does local government zone the tract! i. Is the proposed project consistent with the applicable zoning? (Attach zoning nce certifip[e, if applicable) iJ�`•/ ( ❑Yes ❑No NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes AND k. Hasa professional archaeological assessment been time for the tract? If yes, attach a copy. ❑Yes o ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does It involve a by"o ❑NA National Register listed or eligible property? . .ter. KtGtIVr-u RECEIVED <Form continues on next page> MAY 01 2018 APR 0 6 2018 •,•••• niFijB�^ITY r 4-$66^4RCOAST .. www.neconstalmonagement.net Form DCM MP,-1 (Page 3 of 4) APPLICATION for Major Development Permit m. Q) Are there wetlands on the site? []Yes (,i) Are there coastal wetlands on the site? Ales ,t❑.,,N'o (tot) a yes to either (i) or (it) above, has a delineation been conducted? []YesInto (Attach documentation, if available) (` n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing star water management 5. Activities and Impacts a. Will the project be for commercial, public, vate use? ❑Commercial ❑PubliclGovemment ❑PrivatelCommunity b. Give a brief descriprim err p1uPa5A, USA and daily oper0hons of the Przyecl when complete. a Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. d. List all development activities you propose. /Uecv bUmAt a a. Are the activities mairitAnancaofanawsWV b ? t What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or ❑Arxes g. Will the proposed project encroach on any public easement, public accessway or other area []Yes o ❑NA that the public has established use of? er h. Describe location and type of existing and proposed discharges to waters of the state. /6, /) I. Will wastewater or stormwater be discharged Into a wetland? ❑Yes Vo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? OYes o ❑NA If yes, attach a mitigation proposal. <Form continues an bates APR 0 6 2018 MAY 012018 152-$U8-2$iJ fi .. `i-u Bt1.4 iZCOAST .. dr�}/iI!'NN tM6 ?t9111han a9 einr'en{: ne r C .. -: (,Faye 4 of 4) APPLICATION for -•• •• ::�.,ainoment Permit 6. AdditionalInfo►rr.2ri^^ 1 In addition to this completed application form. (MP-11 the following items below. ifannlcable. must be submltted:m-- I oackaoe to be comolele. Items tai— (B ere ahvays apdicable to anv maiar development applcation. Pleasa consuif &— ---"---- urct^tuvan a. A proles narrative. An accurate. dated work olat fardudino den view and crass -sectional drawinos) drawn to scale. Please aive the present status of the F�w�dr cx :^s, tsastasot 13•:.as}atroe;� .r�n�wro�q�auhsrs:a^NIS&,, Nee„asst:a+L�a.rwps, ants, 6% nungstodistinguish between work completed and proposed. c, A site or location map that is sufficiently detailed to auide agency personnel unfamiliar with the area to the Alto a. A copy of me aeeo twmh stave appumtmn amyl or Omer tnsaumem under wmcn me appacam aaans due m me anectea properties. -. appropriate appliraden fee. Cheat or matey order made payable to DENR. ^°^•� e•� ��m^< end complete addresses of the adjacent waterfront fripadan) landowners and sinned returnreceipts as proof that such ` owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name / Qt Lt AsA a et 9 ) / ,�•�� Phone Na. Address / L— f /�,,.r I%'� k/L �/-' �'l C-• '2-er Name �J Phone No. Address Name rk e e Ot/f N'I'n4 Phone No. Address l�zQ� 5T llLnkf LJii[�/ �O T�8 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary- j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) IL A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A 1-14 if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance Witt the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land 1 understand that any permit issued in response to this application wilt allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further ce at the information provided in this application is truthful to the best of my knowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed project. XCM MP-2 Excavation and Fill Information ❑DCM MPS Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP4 Structures Information RECEIVED MAY 012018 APR 0 6 2018 nw-AAwn 6;'^' n!+t,� ut���ru1 INGTO 262.80a-b"a0a :: 1-aIIa-4RCOAST :: www.nccoastalmanag P)PK :11'�t Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other el Channel Cne Chan(KLW Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline or stabilization NWL Length Width Avg. Existing NA NA Depth Final Project NA NA Depth It. EXCAVATION �IThis 'section not applicable a- Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. {k cubic yards. c. (i) Does the area to be excavated include coastal wetlandstmarsh it. High -ground excavation in cubic yards- (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ []SAV []SB ❑WL _ []None (ii) Describe the purpose of the excavation in these areas: Z.DISPOSAL OF EXCAVATED MATERIAL TftiS section not applicable a. Location of disposal area. b. Dimensions of disposal area. it. (i) Will a disposal area be available for future maintenance? c. (i) Do you claim title to disposal area? ❑Yes []No DNA []Yes []NO []NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ []SAV ❑SB ❑WL _ []None (ii) Describe the purpose of disposal in these areas: f. (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED RECEIVED MAY 01 2018 APR 0 6 2018 DCM-MHD CITY DCM WILMINGTON, NC 52,-800-2Gt'p8 :: '!-8t?S-4RCOAST -- www.nccoastalmanaaementrret revised: 12-2E; G5 Form OGM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4— Structures/ a. TYPe of shoreline stabilization: b. Length: . P Bulkhead ❑Riprap ❑Breakwater/Sill LlVmer C. Average distance waterward of NHW or NWL: ep Width: Of d. Maximum distance waterward of NHW or NWL: e. Type of stabilize n material: f_ (i) Has there been shoreline erosion during preceding 12 months? ILA� XYes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. j P! g. Number of square feet of fill to be placed below water level. Bulkhead backfif( � Riprap Breakwater/Sill Other i. Source of fill material. 546 6nfEYtrt P /nffl/Q G h. Type of fill matlTedal. 4. OTHER'EILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) WAI fill material be brought to the site? Xyes UN, ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), auhmemed anuatic veaetation (SAV), shell bottom (SB), or If yes, other wetlands (W L)? If any boxes are checked, provide me (n) Amount of material to be pl�acIed in the water number of square feet affected. (III) Dimensions of fill area ,yL'�' 109 i XCW ± 1b* ❑SAV _ ❑SB (iv) Purpose of fill ❑WL _ ❑None Ztk ' � (ii) D The purpose of the IV] in these areas: s �� n 5 GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., draglme controlled? backhoe, or hydraulic dredge)? :a &'rie �r►�hi exEet � � ,, C. (i) Will na, ayonal aids be required as a result of the project? Oyes Ppo ❑NA (ii) if yes, explain what type and how they will be implemented. d. (I) Will wetlands by classed in transporting equipment to project site? []Yes o ❑NA (ii) If yes, explain st s that will be taken to avoid or minimize environmental impacts. RECEIVE DCM-MHD CITY Date .I' Applicant Name RECEIVED 14 Project Name Applicant Signature APR 0 6 2018 �DCM WILMINGTON, NC 252-808.2808 : 9-$83-4RCOAST :: wWw rtccoastaimanaaement.aet revised; 112126f66 ueriyl ui , Z^ (ma's ri )s?4 piv jb�svoa si �►?�yM y � q sr wintry llIlat; \,/11/17 t!-,� -v 'VQ MY �. (w(vSvlWf�� w,7 off .J a � a h Coastal Management ENVIRONMENTAL QUALITY William Trotman 121 Point Drive Wilmington, NC 28411 Dear Mr. Trotman: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS June 22, 2018 °'"et0 �r�) The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William Trotman 2. LOCATION OF PROJECT SITE: 121 Point Drive, adjacent to Pages Creek, near Wilmington, New Hanover County Photo Index — 2006: 22-7428 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/212017, 4/20/18 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 4/6/18 (initial) 4/23/18 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington- New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Individual septic tank system Planned - None (F) Type of Structures: Existing — Residence and docking facility Planned — New bulkhead (G) Estimated Annual Rate of Erosion: approx. <1 foot/yr. Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 128 ftz (B) Non -Vegetated Wetlands (Open water) (C) Other (Highground disturbance) 2,000 ftz (D) Total Area Disturbed: 2,128 ftz (<0.01 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead 2' waterward of an existing bulkhead. RECEIVED MAY 01 2018 DCM-MHD CITY William Trotman Page 2 , 9. PROJECT DESCRIPTION The project site is located at 121 Point Drive, adjacent to Pages Creek, near Wilmington, New Hanover County. To locate the project site from the Wilmington Regional Office, head northwest on Cardinal Drive and turn right onto US Hwy 17/Market Street. Travel 3.4 miles and turn right onto Bayshore Drive. Travel 0.8 miles, turn left to stay on Bayshore Drive, and travel an additional 1.2 miles. Turn right onto Point Drive and the property of interest will be at the terminus of a gravel road that extends from the end of Point Drive. The applicant maintains a single-family residence on the property, which includes an existing uncovered platform, floating dock and boatlift along the waterfront. The lot is approximately 0.78 acres and averages 5' above normal high water. The approximately 250' of shoreline is stabilized by vegetation, except the easternmost approximately 86' which is stabilized by a failing wooden bulkhead. The upland vegetation consists of maintained lawn grass and ornamental landscaping. There is a fringe of Coastal Wetlands primarily consisting of Smooth Cordgrass (Spartina alterniflora) and Black Needlerush (Juncus roemerianus) that varies in width from 15' to 50'. The existing docking facility originates from the center of the lot and extends in a southwesterly direction into Pages Creek. The facility consists of a 122' by 6' fixed pier, a 17' by 17' fixed "L- head" uncovered platform, and a 20' by 8' floating dock that runs parallel to the channel. The existing docking facility currently accommodates up to two (2) vessels. The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. There are no known archaeological sites located within the immediate vicinity of the proposed project. The waters of Pages Creek are classified as SA, by the NC Division of Water Resources. The waters adjacent to the project area ARE designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries, and they are CLOSED for the harvesting of shellfish. 10. PROPOSED PROJECT The applicant proposes to construct a new bulkhead 2' waterward of an existing bulkhead. The application states that a new approximately 1 00'wooden bulkhead would be installed along the southeastern shoreline immediately waterward of an existing failing wooden bulkhead. The new wall would average approximately 15' landward of Normal Low Water (NLW), and just landward of Normal High Water (NHW). The wall would be approximately 5' in height to match the existing elevation of the lot and would be backfilled using clean fill material. The application states that there are approximately 20 ftz of Coastal Wetlands along the existing wall that would be filled during the construction of the new wall (see Sheet 1 of 2), however during a site visit conducted 4/20/18, it appears there are Coastal Wetlands along approximately 64' of the existing wall which would result in the fill of approximately 128 ftz of Coastal Wetlands. 11. ANTICIPATED IMPACTS The proposed new bulkhead would fill approximately 128 ftz of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora). The bulkhead would disturb approximately 2,000 ftz of highground for the associated backfill and tie -back anchor system. Minor increases in turbidity should be expected during construction. RECEIVED Submitted by: Courtney Spears Date: April 23, 2018 Office: Wilmington MAY 01 2018 DCM-MHD CITY P.O. Box 11291 Wilmington, NC 28404 w .pippinmarinexom April 4, 2018 NCDEQ 127 N. Cardinal Drive Wilmington, NC 28405 Office/Fax: 910-270-1290 Mobile: 910-471-2034 tdp@pippinmarine.com The enclosed CAMA major permit application for William Trotman, 121 Point Drive, Wilmington, NC 28411 is to have a bulkhead installed along approx. 95' of shoreline. There is an area of coastal wetlands (+1- 20 s.f.) that has grown in the washed out area that will need to be covered with fill once the wall is installed. This area used to be part of the Trotman's yard before storm erosion washed it away. Silt fencing will be installed to minimize any impacts to the coastal marsh. Trip Pippin Pippin Marine Construction, LLC RECEIVED APR 0 6 2018 RECEIVED DCM WILMINGTON, NC MAY 012018 DCM-MHD CITY Piers • Pilings • Boat Lifts • Bulkheads • Floating Docks • Residential & Commercial Marine Construction Since 1984 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date �y YZ Name of Property Owner Applying for Permit: LrJiLL/¢10 /✓6<r T1<+M4"_1 �J/c1 j1_U.�Ff,1f %hP%! r4/J Mailing Address: I certify that I have authorized (agent) IR/ to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) F U[%,C/t q /) f £/,//,, Cz: AE ✓T at (my property located at) / ;2,/ Ix-;Z• :— ,);` LL;'%L/,S n_E; so p✓ ,/l/ c_ This certification is valid thru (date) Z. 1) .3///9 Property Owner Signature RECEIVED MAY 012018 DCM-MHD CITY .% e Date RECEIVED APR 16 618 DCM WILMINGTON, NC Ln DomesticLn S .a Wi q- I A L Ir CertiRaO Mall Fee $3.45 0443 ,a $ v 08 9 Extra$enices Fees fceeckaaK a rU 0 laRen.n ReceiI woN a ) O Ra Wpt (electrcnk) a to _ 00 POStraark p ❑C fiw Mall Rennctee oe y S��/V�IjO�(y�� Here O ❑Muh SlgnaWre RpulrtJ aJp_ V VV E]MuS Slgne .Rwtrdw DWKM a Q m e $1.42 r ,a $ 04/05/2018 Total Po.ra9e and � s f7 62 a Sent o �e M1Sfreei enifAp[ lla.,i __ _______ _ _ _ _.....________________ on C "09 Postal CERTIFIED MAILO RECEIPT rru Domestic Mail Only -n Q--Lf I A L o Gen ea Mail Fee $3,45 044 -a $ 08 ra 9 rvices& Fees knedaac tle/asa �letum ReceiPt MaNcoPf1 S—M--nR— a •V V1! C3 ER—Rw6 lelec�mnk) 0c DN1 a a -" \P09II11BR! m Q ❑certlfiad Mail Rea, 0multSgnatu RequhaG s an_nn� _ 1 t� ;I QPAua S'g"U. Re dw owl y a o Postage $1.42 M1 $ 04/05/2018 � Tofal Postage and FAN bn •� t s Senf To''^ I vpa� ------------- in a U Q Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Southeastern Coastal Construction c% Stephen Conway 6252 Towles Road Wilmington, NC 28409 r ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits, 1 1. Article Addressed to: - D. IS deny 6-ID�C„f�,el if YES. FWiJ�l�1_A��-1 �J�' SL\ SurSe+ C'a� log ❑ Agent delivery address below ❑ No eResskcad 0 Priority Mar ap�* IIIIIIIIIIIIIIIIIIIIIIIIII III III IIIIIIIIIIIII o AtluRSBnawrece 0Regg Mall Deri"ry rd Reatrkted 9590 9402 2145 6193 4399 66 D Certified Mail® ❑ CgVikrl Mall Reesbted Dermuy De ivery ❑ RMum Receipt for O COW on Delivery Meresmitllae 2 Artlele Number. Mws nm"I Restrict D "l w OSignerure ConHrmallone• 7015 1730 0002 1609 6'41-4' ''35DeaiReaid Dellvery.':,'..`A 4neev i ry °° kw .. I q Ps Form 3811, July 2015 PSN 7630-02 000-OM Domestic Return Receipt RECEIVED MAY 01 2018 DCM-MHD CITY RECEIVED APR'162018 DCM WILMINGTON, NC CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: i -ifAo i Address of Property: 12-/ ✓gyp/A/r 194- ;• Ale- ;i�y4l It (Lot or Street #, Street or Road, City & County) Agent's Name #: Mailing Address: ffC ���q� Agent's phone 7� �D3'f LGl�ls� lr�G� �7 Oft p-rhlAI/ I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing_the development they are proposing. A descrintion or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at hffp://www.nccoastalmanagementnet/web/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) AI do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Own rInformation) Signature r' /,I 7Rr, Print or Type Name Mailing Address C8y/Stata0p Telephone Number / Email Address �'/z Y iig Owner Information) or t**?- -6AY Sr Mai ing Address `J�.t�S�T��h� � ,•fie. Z84�% City/StateMp LQ10�3$�-q1'x� �ncRV�We�a�e Telephone Number/Email Address A 111 I ZoI6 RECEIVED FWCEIVE (Revij14y-.,29141 MAY 01 2018 DCM-MHD CITY DCM WILMINGTON, NC Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. X Print your name and address on the reverse so that we can return the card to you. D 1 Attach this card to the back of the mallpiece, or on the front if space permits. Article Addressed to: Gc,,-14m k, jULlnre 117 Pof,-1 J)r- W r /Y✓i//vC�1'I� /J� Q a�N�l ❑ Agent C. Date of Delivery D. Is delivery address different from ftem 1? ❑ Yes If YES, enter delivery address below: ❑ No III II III IIIIII IIII IIIII II IIIIII I'llll l'I'I[ \ 3. Ice Type - Cedtged Mall° ❑ Priority Mall Express" '-- ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes Aran fer froNumber 7015 1730 0002 1609 6455 (Transferm senAcs IS Form 3811, July 2013 Domestic Return Recelpt c RECEIVED MAY 01 2018 DCM-MHD CITY RECEIVED APR 232018 DCM WILMINGTON, NC Add a tracking number 0 70151730000216096455 Delivered: WILMINGTON, NC 28411 on April 12, 2018 at 3:09 pm g2 M 0 UPDATED 5/4/2818 2:28 PM H � i9tiS 09'18 • .a AND YE0IFIED .._...1, iir sut OOTS ]P Mail after recording to: Mr. and Mrs. William Holt Tro man, 121 Point I&We D" gF18P&EDS M` NC 28405 aNEnW HHANOVEA Cd. NC This instrument was prepared by: Billy H Mason, Attorney at Law. P.dN124 PPI 2 n Wilmington, NC 28402 Brief desenplion for the Index: .78 acre Donald B. Koonce Tract Parcel No: R03717-003 005-003 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER GENERAL WARRANTY DEED THIS DEED made an entered into this eQDkh day of October, 1995 by and between DAVID W. WILSON and wife, DOLORES W. WHSON, hereinafter GRANTOR, and WILLIAM HOLT TROTMAN and wife, JUL IL TROTMAN, hereafter GRANTEE. The designation Grantor and Gram" as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. ;Noo=4 WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain kx or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: Beginning at a point on the Western side of a turning circle at the Southern end of Point Drive, said circle loving a radius of 50.0 feet, said point being Sarah 3 degrees 40 112 minutes West 46.47 feet from a point where said line of said circle intersects the western line of Point Drive as extended Soahwardly, mid imersection point being South 23 degrees 58 minutes East along the Western line of Point Drive 58.80 fed from the Southeastem comer of Lot 192 as shown on the reap of Bayshore Estates, Section 5, dated July, 1965. recorded in Map Book 9, at Page 14 of the New Hanover County Registry; owning thence from mid beginning point Southeasrwardly along the line of said turning circle to a point that is South 51 degrees 00 1/2 minutes Fast 41.93 feet from the preceding point; thence South 14 degrees 12 minutes West 240.55 feet to an iron pipe at or near the high water fine of Bridgers (reek thence South 14 degrees 12 minutes Wes to the center of the channel of Bridgers Cteek Canal; thence Nonhwestwardly along the center of mid chamtel 10 a point that bears South 63 degrees 47 minttes West from said beginning point; thence Noah 63 degrees 47 minutes East to an iron pipe at or MIT mid high water lime; thence Noah 63 degrees 47 minutes East 210.0 feet to the point of beginning; merit containing 0.78 acre, more or less, and being a portion of the Datald B. Koonce Iran as shown on the aForemenlioned map - Together with a rightof-way or casement for ingress and egress over and across the extension of Point Drive to serve the above described tract. Subject to a right-of-way or casement 100 fed in width centered on the channel of Bridgers Creek Canal to be used for the maintenance of mid canal. RECEIVED Subject also to remuklieos Jim Bayshore Estates, Section 5, recorded in Book 774. at Page 699 of the New Hanover County Registry, provided that no MAY 01 2018 residence shall be corestnwW of located on the above described plopeny smaller than 1650 square feet of floor space on the main Floor, exclusive of porches, steps, walks, breezeway, carports, garages, etc. DCM—MHD CITY RECEIVED 394624 APR 0 6 2018 �•rE ;94c 0979 The property hereinabove described was acquired by in stmmcnt recorded in Book 1175, at page 1392 in the New Hanover County Registry, TO HAVE AND TO HOLD the aforesaid Im or parcel of land and all privileges and appwtenw s themo belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right 10 convey the same in fce simpk, that title is marketable and fiee and clear of all encutnbancm and that Crantm will warrant and defend the title against the lawful claims of all pemits whonrmever except: 1. All restrictive covenants of record; 2. Ad valorem taxes for the year 1995. not yet due and payable; 3. All utility easements, permits and rights of way of record; 3_ All inning, land use and planning ndm regulations, ordinances and gatutm IN WITNESS WHEREOF, the Gramm have hereunto set then lards and orals all the day and year fast above wrinen. J�t''Lc-{SEAL) DAM W. WU-i (SEAL) DOL40RES W. WIISON STATE OF NORTH CAROLINA COUNTY OF NEW HANOVE.R I. Cat..... 5- 14.1 _. Notary Public of the County and Sate aforesaid, OW4 that DAVIO W. WIISON and wife, DOLORES W. WILSON, personally came before me this day and acknowledged the due execution of the foregoing instrument. W-itrim my hand and official seal tltisGA'Jp day of October. 1995_ (20n.. , v0 . O NOTARY PUBLIC 7 5•-, My Commission Expires: STATE Of NORTH CAiOLINA Ne.. ffano9er Comely 1a[ I gVl,y�/ Asr�a (gyniplKriyr M1P')1-95 01V ,Y„pVrP (P 91 ea.,.zv+m.twnaari.i..Pvaar ;600.80 eR aewti p�- t11A1.' fR�S{_ty-7A �� T67c Atli RECEIVED RECEIVED MAY 01 2018 APR 0 6 2018 DCM-MHD CITY DCM WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY April 26, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo in New Hanover County: • Olin Furr • William Trotman Hello Angie: Please publish the attached Notice in the Monday, April 30, 2018 issue. ROY COOPER Govemor MICHAEL. S. REGAN Secretary BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett - MHC Liz Hair - USACE Sarah Young- DCM Sincerely, ' Shaun Permitting Support & Customer Assistance (RECEIVED MAY 01 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-M H D CITY 910-7%-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in New Hanover County Areas of Environmental Concern as designated under the CAMA: On April 19, 2018, Olin Furr proposed to reconfigure and expand an existing docking facility at 440 Oceana Way, adjacent to Myrtle Grove Sound, in Carolina Beach; and on April 23, 2018, William Trotman proposed to construct a bulkhead at 121 Point Dr., adjacent to Pages Creek in Wilmington. Copies of these applications can be examined or copied at the office of Courtney Spears, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 21, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAY 01 2018 Stele of North Carolina I Environmental Quality I Coastal Management M I"I D CITY 127 CerNnal Dnve Ext., Wilmington, NC 28405 DCM- 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY April 23, 2018 Pippin Marine Construction, LLC c/o Trip Pippin PO Box 11291 Wilmington, NC 28404 Dear Mr. Pippin: ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for William Trotman, for State approval for development of the subject property located at 121 Point Drive, adjacent to Pages Creek, near Wilmington, New Hanover County. It was received as complete on April 23, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is July 7, 2018. An additional 75- day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 23, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si jftnrtative� Courtney Fie cc: Heather Coats, DCM MHC Files Christine Bouffard, LPO Tyler Crumbley, COE Chad Coburn, DWR William Trotman, Applicant RECEIVED MAY 01 2018 DCM-MHD CITY State of North CmItm I Enwroomental Quality I Coastal Management 127 Cardinal Driw Ext., Wilmington, NC 29405 910-796-7215 N0T1(0'$17j W a� LAMA PERM11 "� APPLIED FOR To construct a new bulkhead 2' wa Dr. Ne 11 COMMENTS ACCEPTED THROUGH _ 21, 2018-- APPLICANT: William H. Trotman 121 Point Drive Wilmington, NC 28411 Agent: Trip Pippin (910) 471.2034 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 NC Div. of Coastal Management 127 Cardinal Dr ExtPncipn Wilmington, NC 28405 Courtney Spears, Held Rem c n a ivP 910-796-7423 NC Division of Coastal Management AEC: Pages Creek Fee: $250 #4675 ✓ Major Permit Application Computer Sheet CDAITS _ MHC cc _ Applicant: William H. Trotman Agent/Contractor: Tripp Pippin Project Site County: New Hanover Staff: Courtney Spears District: Wilmington Project Name: Troman Bulkhead Rover File: r✓a River Basin: Cape Fear Initial date of application submittal: 4-6-18 Date application "received as complete" in the Field office: Permit Authorization: CAMA Dredge & Fill oth SITE DESCRIPTION/PERMIT INFORMATION ORW: Fes No PNA: Yes NO Photos Taken: Yes No❑ Setback Required (riparian): Yes No Critical Habitat —MY —es LjNo Not Sure 15 foot waiver obtained: ❑Yes No Hazard Notification Retumed: ❑Yes XNo SAV: ❑Yes No ❑Not Sure Shell Bottom: Yes ❑No ❑Not Temporary Impacts: Yes []NoSure Sandbags: []Yes No ❑ Not Sure Did the land use of sification come Mitigation Required (optional): from county LUP. Yes []No ❑Yes []No Moratorium Conditions: Environments essment Done: Length of Shoreline: ❑Yes ❑No PA • E FT ❑Yes ❑No NA Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- osed P c:L0.01 SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I [:]Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED Ll (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) El (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus 0 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 ca be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - 11. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs MAY 012018 DWQ agreement - $400 UGM-Mnv l,rl 1 1 William H. Trotman Date: 4-6-18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace Maint ❑ Y ❑ N U New Work ❑ aplace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace - Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other ❑ D Dredge ❑ Fill ❑ Both ❑ Other ❑ Z J Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1.888-4RCOAST :: w .nccoastatmanaaement.net revised: 10/12/06 Major Permit Fee Schedule Project Name: County: �4V Check No & Amount 4Z_ DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas. $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filing and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality d$25O Certification No. 4144 (See attached) canbe applied: 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied. but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life- $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied- $400 60% ($240) 40% ($160) V. Development that involves the filling and/or excavation of more than one acre f wetlands and/or open water areas: $475 60% ($285) 40% ($190) 'IF CEIVED MAY 01 2018 DCM-MHD city Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 4/6/2018 Pippin Marine Holt Troutman Wells Fargo 4675 $250.00 major fee/121 Point Road, CS rct. 6146 Construction, LLC Bank Wilmington, NHC NO split > V W o = LU � � U ❑