71-22 City of Wilmington

Permit Class Permit Number
NEW 71-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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 City of Wilmington, PO Box 1810, Wilmington, NC 28402
Authorizing development in New Hanover County at adj. to Bradley Creek, along Hooker Road in
Wilmington , as requested in the permittee’s application dated 1/27/22
(MP-1, MP-3, MP-5), including work plan drawings (2) Sheets 2a and 2b, dated 10/20/21.
This permit, issued on July 1, 2022 , 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.

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, 2025

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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Stormwater Pipe Improvement

1) This permit authorizes the installation of a 36” stormwater pipe located in or over the water as
expressly and specifically set forth in the permit application. Any additional land disturbing activities
and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at [phone] for this determination.

2) All pipe and culvert inverts shall be buried at least one foot below normal bed elevation to allow for
passage of water and aquatic life.

(See attached sheets for Additional Conditions)

City of Wilmington Permit No. 71-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the area indicated on the workplan drawing(s).

4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.

5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

6) In accordance with commitments made by the permittee, any areas impacted within the existing Coastal
Wetlands shall be planted with native Coastal Wetland species, all expressly and specifically detailed in
the attached narrative and workplan drawings.

Upland Development – Bike/Pedestrian Pathway

7) This permit authorizes the proposed upland development as depicted in the attached permit application,
project narrative, and workplan drawings. Any development proposed in an Area of Environmental
Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located
within the applicant’s property, may require additional authorization from the Division of Coastal
Management prior to work commencing.

Easement

8) Any necessary easements or similar legal instruments shall be obtained prior to the initiation of
development.

Sedimentation and Erosion Control

9) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

11) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes.
General

12) 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.

City of Wilmington Permit No. 71-22
Page 3 of 3

ADDITIONAL CONDITIONS

13) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not convey any rights, either in real estate or material.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4243 and assigned the project DWR Project No. 20211256.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project.