Loading...
HomeMy WebLinkAbout131-22 City of WilmingtonPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 131-22 Issued to City of Wilmington, 212 Operations Center Drive, Wilmington, NC 28412 Authorizing development in New Hanover County ado. to the Cie Fear River along Greenville Loop Rd btw Pine Grove Drive and Old Military Rd, in Wilmington, as requested in the permittee's application dated 6/13/22 (MP-1, MP-2, MP-3) and 6/27/22 (MP-5), incl. work plan drawings (11) Sheets 1-11 of 11, dtd 6/20/22. This permit, issued on December 8, 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 A these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be nun ana voia. Stormwater Improvements 1) This permit authorizes the improvement or replacement of all stormwater infrastructure, including the proposed pipes, collar, and drainage ditch 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 (910) 796-7215 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) 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 8, 2027 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 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 City of Wilmington Permit No. 131-22 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 areas indicated on the workplan drawing(s). 4) No excavated or fill material shall be placed within 30 feet of the normal high-water line, except that which will be used to backfill the areas associated with the permitted stormwater structures. 5) All excavated or fill materials shall be confined outside of regularly or irregularly flooded marsh behind an adequate silt fence or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 6) 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. 7) 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 (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Rip Rap Placement 8) The alignment of the rip rap shall not exceed the alignment as depicted in the attached permit application and workplan drawings. 9) The rip rap and offshore sill material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. Upland Development — Bike/Pedestrian Pathway 10) This permit authorizes the proposed upland development as depicted in the attached permit application, project narrative, and workplan drawings. Any new 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 11) Any necessary easements or similar legal instruments shall be obtained prior to the initiation of development. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. City of Wilmington ADDITIONAL CONDITIONS Permit No. 131-22 Page 3 of 3 13) 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. 14) 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 15) 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. 16) 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. 17) 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 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: This permit does not convey any rights, either in real estate or material. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5240 and assigned the project DWR Project No. 20221089. 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 high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: Lt c W Permit #: 131 — Z7 MAILING DISTRIBUTION SHEET Permittee: Llo 1W ` Agents: 1 ; 11,4 DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington '` (OBJECTIONS ) Vf_ US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover), Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Robert Tankard — 401 Glenn Stewart - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: I:iolley Snider-401 (Pender, Brunswick, New Hanover) , John Perry-401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) I Rodney Butler (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: City of Wilmington - Greenville Loop COUNTY: New Hanover PROJECT NAME: Greenville Loop Road Multi -use Path LOCATION OF PROJECT: Greenville Loop between Pine Grove Dr. & Old Military, adj to Hewlefts Creek, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-2-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: RECEIVED B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40)#27680 APPLICATION ASSIGNED TO: Luck AUG 12 2022 PUBLIC NOTICE REC'D: 8-17-22 END OF NOTICE DATE: 9-7-22 ADJ. RIP. PROP NOTICES REC'D: _ DEED REC'D: Yes DCM-MHD CITY C) 75 DAY DEADLINE: 10-16-22 150 DAY DEADLINE: uni nc• MAIL OUT DATE: 8-12-22 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED DCM - Field Rep DCM - LUP Consistency Determination / Local Permit Officer I b Corps of Engineers - Regulatory Branch DWR-401 Section DWR - Public Water Supply DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission 8 DMF - Shellfish Section DMF - Habitat & Enhancement DNCR - Archives & History DNCR - Natural Heritage Program NCDOT STATE DUE DATE: 9-7-22 OBJECTIONS: YES NO X M1 X NOTES Covv. r"e—> - NC Dept of Commerce I $/ 1 I I )` I Vl0 Co M DCM Coordinator Cameron Luck County: Permit #: t ' w r WIRO E-//MAIL \ DISTRIBUTION SHEET 1� Circle onL:Bio Repo Permit for. vt 1 y �t,yyltyl�'1 w h Oversize JCLl /G(�fCiV1V1 ��� w�� DCM Offices: ¢� ' zx Morehead City: PT (if oversize) via Courier r= 111 'cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet `MHC documents (Cam & Amanda) Wilmington: Original hard -copy ---------- — ONLY USACE & DWR (ww) Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: use both Div of Water Resources: Div of Water Resources: Marine Fisheries: DCM PlannerlWiRO: Cultural Resources: Natural Heritage Prog. DCA-Rural Eco. Dev: nder & Carteret Cc): PN, CL, Reports, Split Sheet — FVeg ingtonNCREG@usace.army.mil (NHBR): PN, CL, Reports, Split Sheet Currey (NH/BR: PN, CL, Reports, Split Sheet ,Holley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet -}lgMS¢6"4 'er - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet _ vhed Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ ,'Kim Harding _ .illiike Christenbury _ /nee Gledhill -Earley Environmental ReviewOncdenr.aov_ vRoddney Butler _ Liiark Ziegler _ NC DOT: Wildlife Resources: State Property Office: Shellfish Sanitation: \/David Harris _ v/iAaria Dunn w/Reports "fart Walton: DEED _ e Moser _ WRnda Hilliard, Real Property Agent (Bio Reports only) Je�r@� my Humphrey (Bio) / — %Aaaron Gupton, Admin. _ DEMLR: leDrlstine Hall - Stormwater Section _ v6an Sams - Land Quality Section _ Public Water Supply: 4eidiCox_ City of Wilmington: _ f ✓Kathryn Thurstonom ate`` Enforcement: Co. LPO J/Fleld Rep: ✓ G . �� a� Agent: DISTRIBUTED: Updated 2125122 RECEIVED AUG 12 2022 DCM-MHD CITY CAMA/Shaun majors docsre'Agency List Recommendations for State Permit— Citv of Wilmineton 8/Il The proposed multi use path within the 75' Coastal Shoreline AEC appears to be CONSISTENT with the use standards set forth in 15A NCAC 07H .0209(a-d) for Coastal Shorelines. It is the staffs recommendation that the proposed development is CONSISTENT with the Rules of 15A NCAC 07H.0205 (d) use standards for Coastal Wetlands which states, "Secondary priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere... Acceptable land uses include utility easements" It is staffs recommendation that coastal wetland mats be used during equipment work within coastal wetlands to minimize adverse effects to the resource. This office has NO OBJECTION to the proposed work provided it is consistent with all other state and federal permitting requirements and the applicant has obtained the necessary right-of-way and easement agreements. RECEIVED AUG 12 2022 DCM-MHD CITY DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 ROY COOPER Govemor . ELIZABETH S. BISER Secretary RICHARD E. ROGERS, jR. Director NORTH CAROLINA Environmental Quality October 10, 2022 DWR #20221089 New Hanover County City of Wilmington Attn: Chad Eichelberger 212 Operations Center Drive Wilmington, NC 28412 Subject: Approval of Individual 401 Water Quality Certification Greenville Loop Road Multi -Use Path Dear Mr. Eichelberger: Attached hereto is a copy of Certification No. WQC005240 issued to Chad Eichelberger and the City of Wilmington, dated October 10, 2022. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. N, ,� �..®-E�� uwmmaw..nmimo� /`� Nonh Carolina DeparlmentofEnvimnmental Quality I Division of Water Resources 127 Cardinal Drive Ext. I Wilmington, North Carolinh 28405 910.796.7215 DocuSign Envelope ID: 810037EE-96E6499F-A294-BD6E30E631 E1 City of Wilmington D W R# 20221089 Individual Certification #WQC005240 Page 2 of 14 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 1508 of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http:/Iwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 1506-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSignedby: C°" _Um E3ADA1CAC70CA34... Morella Sanchez -King - Regional Operations Supervisor Electronic cc: David Moose, consultant Greg Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file �A Noah Carolina Department ofEnvimmnental Quality I Division of Water Resources ®E QJ> 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 o�roirmna.;...mamm,� 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 3 of 14 Filename: 20221089_Greenville Loop Multi -Use Path_IWQC_NHCo._Oct.22 I. ®��North Carolina DepartmentofEnvironmental Quality l Division of Water Resources > 512 North Salisbury Street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919.707.9000 uwa�mnr�+. �mm DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 4 of 14 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005240 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Chad Eichelberger and the City of Wilmington, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 12, 2022, and by Public Notice issued by the Division of Coastal Management on August 17, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Plan Location or (units) Permanent (units) Temporary Reference 404/401 Wetlands Excavation for 0.06 acres N/A Project narrative drainage And drawings sheets Wetland fill 0.015 acres N/A 1 thru 11 Open Waters Dated received Drainage Pipe 0.01 acres N/A On (52 Sq. Ft.) June 29, 2022 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .O506(b), 15A NCAC 02H .05O7(c); 15A NCAC 04B .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and North Carolina Department of Environmental Quality I Division of Water Resources ®E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 a. ^'r 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 City of Wilmington DWRtt 20221089 Individual Certification #WQC005240 Page 5 of 14 that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All wetlands impacted by the placement of temporary construction equipment, materials and/or clearing activities shall be restored to the preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species including woody species. Citation: 15A NCAC 02H .0506(b)(2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will ®� �l� North Carolina Department of Environmental Quality I Division of Waua Resources 612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 mmm,r Na 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 City of Wilmington DWR# 20221089 Individual Certification #WQ0005240 Page 6 of 14 comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 6. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 026 .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC O2H .0502(a);15A NCAC 02H .0506(b),, 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 7. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 021-1.O506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .O507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 9. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .O506(b); 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources ®� :> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 o,mmmnu.n�umq� /'� DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 City of Wilmington DWR# 20221089 Individual Certification #WQ0005240 Page 7 of 14 Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 10. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); I5A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. �� North Carolina Department of Environmental Quality I Division of Water Resources DEQ 612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 awaeanrm....miw,m DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E36E631 E1 City of Wilmington D W R# 20221089 Individual Certification #WQC005240 Page 8 of 14 11. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B. .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC' 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 13. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 North Carolina Department of Environmental Quality I Division of Water Resources K 512 Noah Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 oew�.maww....mimm� 919.707.9000 DocuSign Envelope ID: 610037EE-96E6-499F-A294-BD6E30E631E1 City of Wilmington D W R# 20221089 Individual Certification #WQC005240 Page 9 of 14 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 0214.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 026.0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due -to natural background conditions, the existing turbidity level shall not be increased. 15. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC O2H .0505(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. ,00 ®� 0 _ Noah Carolina Department ofEnvimnmental Quality I Division of Water Resources '�i6}"JrJt 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 91%7079000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 10 of 14 16. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the stream bed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed North Carolina Depa"mentofEnvimnmental Quality I Division of Water Resoumes D Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Rnn.n,anrl...®auamm� DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E63l E1 City of Wilmington D W R# 20221089 Individual Certification #WQ0005240 Page 11 of 14 properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H.O506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200; 15A NCAC O2B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 18. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .O5O6(b); 15A NCAC 02H .0507(c); 15A NCAC O2B .0200; 15A NCAC O2B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 19. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.05O6(b); 15A NCAC 02H .05O7(c) Justification: A project that affects waters shall notbe permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any ®rk W%l North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 g ^'4 919.707.9000 oiwm.a un�.wi�m DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 City of Wilmington DWR! 20221089 Individual Certification NWQC005240 Page 12 of 14 remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 20. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 21. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 22. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 23. All mechanized equipment operated nearsurface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or RENorth Carolina Department of Environmental Quality I Division of Water Resonmes 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 nPMno�r�.ne.ewm� /'� 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 13 of 14 other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .O5O6(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,,15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 24. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .05O6(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, • populations of wetland flora and fauna are maintained to protect biological integrity of the wetland,• and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 25. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15ANCACO2H.0507(c); N.C.G.5143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, • wildlife, secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 26. The 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 North Carolina Department of Environmental Quality I Division of Water Resources ®E �2p 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 le,.r.oarnVga mp� " � 919.707.9000 oww nn DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 Et City of Wilmington D W Rt120221089 Individual Certification #WQC005240 Page 14 of 14 §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15ANCACO2H.0506(b); 15ANCACO2H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 27. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification 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 with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC O2H .O506(b); 15A NCAC 02H.05O7(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 10th day of October 2022 Docu3lgned br. Cl dV�a SaWLX,j—UVJ E3A8A14AC7DD434... Morelia Sanchez -King Regional Operations Supervisor MSK/hs ®� � 1. Noah Carolina Deparonent of Enviromnental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 uwMemorn.n.iemimonr MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —City of Wilmington -Greenville Loop Rd., Wilmington Date: November 28, 2022 This project is consistent and not in conflict with the Wilmington - New Hanover County Joint Land Use Plan Update. The applicant is proposing to install a multi -use path along Greenville Loop Road and upgrade stormwater infrastructure resulting in the filling of wetlands. The project is located on the south side of Greenville Loop Road between Pine Grove Drive and Old Military Road in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW, PTA and CW. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Residential and Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Joint 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 RECEIVED NOV 2 82022 MP SECTION DCM MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 12, 2022 MEMORANDUM. NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckaNCDEN R.cov SUBJECT: CAMA/D & F Applicant: City of Wilmington Project Location: Greenville Loop Rd. between Pin Grove Dr. & Old Military Rd., adj. to Hewlett's Creek in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a multi -use path along Greenville Loops Rd., install stormwater improvements, add rip -rap resulting in the filling of 184 sq ft. of coastal wetlands and 488 sq ft. of 404-type wetlands and the excavation of 2573 sq ft. of 404-type wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 7, 2022. if you have any questions regarding the proposed project, contact Bryan Hall 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. PRINT NAME 4�f%1/S A � , 4u Ze / AGENCY j1 UJ UPS ( p SIGNATURE _C" �--� / DATE 1. _ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER SC Tetoty BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality August 12, 2022 �, 2z.Ot3.rZ.I MEMORANDUM.' FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ : Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron luck(caNCDENR.00v SUBJECT: CAMA /D & F Applicant: City of Wilmington Project Location: Greenville Loop Rd. between Pin Grove Dr. & Old Military Rd., adj. to Hewlett's Creek in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a multi -use path along Greenville Loops Rd., install stormwater improvements, add rip -rap resulting in the filling of 184 sq ft. of coastal wetlands and 488 sq ft. of 404-type wetlands and the excavation of 2573 sq ft. of 404-type wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 7, 2022. If you have any questions regarding the proposed project, contact Bryan Hall 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' yThis 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. PRINT NAME Mrrlr_T06knn AGENCY 1A (, , 9—C SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management 9)WEQM�s Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 t�.nf x+ 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 12, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron.luck(a_)NC DEN R.gov SUBJECT: CAMA /D & F .Applicant: City of Wilmington Project Location: Greenville Loop Rd. between Pin Grove Dr. & Old Military Rd., adj. to Hewlett's Creek in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a multi -use path along Greenville Loops Rd., install stormwater improvements, add rip -rap resulting in the filling of 184 sq ft. of coastal wetlands and 488 sq ft. of 404-type wetlands and the excavation of 2573 sq ft. of 404-type wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 7, 2022. If you have any questions regarding the proposed project, contact Bryan Hall 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" X 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. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE DATE 09/15/22 North Carolina Department or Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 :KSUV AM ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 12, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck a(,NCDENR.00v SUBJECT: CAMA /D & F Applicant: City of Wilmington Project Location: Greenville Loop Rd. between Pin Grove Dr. & Old Military Rd., adj. to Hewlett's Creek in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a multi -use path along Greenville Loops Rd., install stormwater improvements, add rip -rap resulting in the filling of 184 sq ft. of coastal wetlands and 488 sq ft. of 404-type wetlands and the excavation of 2573 sq ft. of 404-type wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 7, 2022. If you have any questions regarding the proposed project, contact Bryan Hall 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" _X 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. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE /�¢�ri 8aa�+Lesa.L for Shannon Jenkins DATE 08/12/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director August 12, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron IuckANCDENR.gov SUBJECT: CAMA ID & F Applicant: City of Wilmington Project Location: Greenville Loop Rd. between Pin Grove Dr. & Old Military Rd., ad). to Hewlett's Creek in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a multi -use path along Greenville Loops Rd., install stormwater improvements, add rip -rap resulting in the filling of 184 sq ft. of coastal wetlands and 488 sq ft. of 404-type wetlands and the excavation of 2573 sq ft. of 404-type wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 7, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: X 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. PRINT NAME AGENCY SIGNATURE AJC b9'0f. P� 67M/YleYu pvlfA r G, n_ ®�� ��v t �j k✓ DATE North Carolina Department of Environmental Quality I Division of coastal Management Wilmington Orrice 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.7%,n]5 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS DWaor August 12, 2022 MEMORANDUM NORTH CAROLINA Envlronmental Quolity FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(cDNCDENR.gov SUBJECT: CAMA /D & F Applicant: City of Wilmington Project Location: Greenville Loop Rd. between Pin Grove Dr. & Old Military Rd., adj. to Hewlett's Creek in Wilmington, New.HanoverCounty Proposed Project: The applicant proposes to install a multi -use path along Greenville Loops Rd., install stormwater improvements, add rip -rap resulting in the filling of 184 sq ft. of coastal wetlands and 488 sq It. of 404-type wetlands and the excavation of 2573 sq ft. of 404-type wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 7, 2022. If you have any questions regarding the proposed project, contact Bryan Hall 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" X 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. PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE %l 4,^Au M- A L tl tad DATE August 25, 2022 �w� D North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Offlce 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: City of Wilmington c/o SEPI, Inc. 2. LOCATION OF PROJECT SITE: Greenville Loop Road between Pine Grove Drive and Old Military Road, adjacent to Hewletts Creek, in New Hanover County. Latitude: 34°11'51.31"N Longitude:77°51'46.03"W 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-6n122 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 6/13/2022 Complete Date — 8/M022 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington/New Hanover Co. Land Classification From LUP — Conservation (open water) and Residential (upland) (B) AEC(s) Involved: ES, CW, PTA, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — City roadway, stormwater infrastructure Planned — Install multi -use path, shoreline stabilization, upgrade stormwater pipe (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA[ DRY FILLER OTHER (A) Vegetated Wetlands (Coastal) 184 sq. ft. (B) Vegetated Wetlands (Section 404) 2573 sq. ft. 488 sq. ft. C Non -Vegetated Wetlands (Open water 52 sq. ft. (D) Other (highground) 522,720 sq. ft. (disturbed) (D) Total Area Disturbed: 525, 881 (-12 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install multi -use path along Greenville Loop Road, install stormwater improvements, and add rip rap resulting in the filling of 184 sq. ft. of coastal wetlands and 488 sq. ft. of 404-type wetlands and the excavation of 2573 sq. ft. of 404-type wetlands. RECEIVED AUG 12 2022 DCM-MHD CITY City of Wilmington, Page 2 9. PROJECT DESCRIPTION: The project site is located on the south side of Greenville Loop Road, between Pine Grove Drive and Old Military Road in New Hanover County except fora section between Bradley Creek Elementary School and the intersection at Old Military Road which will be located on the north side of the road. The proposed project site is a linear distance of 1.68 miles and would occur within the existing Greenville Loop Road right-of-way and proposed easements. Most of the project site is outside of the 75' CAMA Area of Environmental Concern (AEC). The portion of the project site that falls within the AEC is split between two locations, one located adjacent to 5510 Greenville Loop Road and the second between 5836 and 5842 Greenville Loop Road. Man-made structures along the project site include residential driveways, pavement associated with city roadway, sidewalk, and stormwater infrastructure. Upland vegetation consists of lawn grasses and mixed hardwoods. Coastal wetland species are present within a portion of the project site adjacent to 5510 Greenville Loop Road and species include Smooth Cordgrass (Spartina Alterni,/lora), Black Needle Rush (Juncus roemarianus), Salt grass (Distichlis spicata), and Sea Lavender (Limonium caroliniami). The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. The waters in this location ARE classified as SA by the Division of Water Quality. The area IS designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and is CLOSED to the taking of shellfish. 10. PROPOSED PROJECT: The applicant proposes to install multi -use path along Greenville Loop Road, install stormwater improvements, and add rip rap resulting in the filling of 184 sq, ft. of coastal wetlands and 488 sq. ft. of 404-type wetlands and the excavation of 2573 sq. ft. of 404-type wetlands. The applicant is seeking to construct an eight (8) to ten (10) foot -wide asphalt multi -use path along Greenville Loop Road between Pine Grove Drive and Old Military Road for a total linear distance of 1.68 miles which RECER would result in the total disturbance of approximately 12 acres, and would connect to the continuation of the Greenville Loop Road Trail. AUG 12 The construction of the proposed 1.68-mile trail would result in the disturbance of approximately 12 acres, however only approximately 520' linear feet of the proposed 8'-10' wide path falls within the 75 ft. Estuary; 'l- A H D Shoreline AEC. The portion of the proposed path within the AEC would result in 5,200 sq, ft. of new impervious surface for a total of approximately 0.5% impervious coverage within the AEC and approximately 12.8% of new impervious surface for the entire project. The applicant also proposes to improve the existing stormwater features along the proposed path. The applicant proposes to install 118 LF of 15" reinforced concrete pipe which would run underneath Sand Fiddler Pointe Rd. /I p 16 LF of the proposed pipe would be placed within the AEC and require 20 sq. ft. of high ground excavation 1. within the AEC to lay the pipe and then the pipe would be buried using the excavated material. The proposed pipe would lead to a drainage ditch, which would require 25 sq. ft. of high ground excavation within the AEC. The drainage ditch would lead to a proposed rip rap embankment to slow the velocity of the runoff before it reaches coastal wetlands. The creation of the rip rap embankment would result in the filling of approximately 100 sq. ft. of coastal wetlands (See Sheet 2 of 11). Adjacent to 5510 Greenville Loop Rd., the design includes the filling of approximately 84 sq. ft. of coastal wetlands immediately south of the existing Greenville Loop Rd bridge along the proposed multi -use path. Across a� the street from 5510 Greenville Loop Rd., outside of the AEC, the design also includes the filling of approximately 206 sq. ft. of 404-type wetlands and excavate approximately 624 sq. ft. of 404-type wetlands (See Sheet 4 of 11). II East of 5510 Greenville Loop Rd., also outside the AEC, the applicant proposes to excavate approximately 1949 sq. ft. of 404 type wetlands to a depth of 1' below grade outside of the AEC to improve a stormwatcr feature. The applicant is also proposing to create a stormwater ditch and improve two existing pipes in the area (See Sheet 6 of 11). The applicant also proposes to improve an existing stormwater pipe adjacent to 2501 Royal Palm Ln and fill an additional approximately 282 sq. ft. of 404-type wetlands which would allow for the upgrade of the existing pipe and a rip rap pad (See Sheet 8 of 11). City of Wilmington, Page 3 A tidal stream between 5836 and 5842 Greenville Loop Rd that connects to Hewletts Creek with 60" pipe that runs underneath Greenville Loop Rd. The applicant proposes to extend the 60" pipe and add a collar to stabilize the pipe which would result in approximately 52 sq. ft. of fill below NHW. The applicant also states that an area of approximately 50 sq. ft. would need to be excavated to a depth of -P NLW allow for the placement of the pipe extension and collar. The excavation would create approximately 19 cubic yards of material which would be redistributed the high ground portion of the project, outside the AEC and stabilized by silt fencing. The applicant proposes the placement of rip rap on the eastern and western sides of the stream measuring approximately 24' in length and 12' in length, respectively. On the western side of the stream, the applicant is proposing to install an 18" pipe to allow for stormwater to reach the stream. On the eastern side of the stream the applicant is proposing a 15" pipe which leads to a cut ditch that would allow for stormwater to reach the stream. The creation of the ditch and the pipe placement would require 346 sq. ft. of excavation within the AEC (See Sheet 10 of 11). The applicant states they submitted a plan to the Division of Water Resources on 9/30/21 and received approval of the sedimentation and erosion control plan with the Division of Land Resources on 5/16/22. The applicant attempted to notify 5842 Greenville Loop Rd, but was unsuccessful. The current house at the property recently caught fire and is uninhabitable. The applicant then attempted to contact the adjacent property owner via email as well as contact the adjacent property owner's daughter via email, which was unsuccessful. Final notification was attempted to PO Box 1535 in Lorton, VA 22199 with USPS tracking number 7011 2000 0002 2817 2687. 11. ANTICIPATED IMPACTS: The 8'-10' wide multi -use path and associated improvements would disturb approximately 12 acres of high ground within existing and proposed city right-of-way and easements. The multi -use path would create approximately 89,590 sq. ft. of new impervious surface, most of which is outside the AEC. Approximately 5,200 sq. ft. of new impervious surface would be located on the high ground within the AEC for a total of 0.5% of impervious surfaces within the AEC and a total of 12.8% impervious surfaces for the entire tract. The proposed project would result in the filling of approximately 184 sq. ft. of coastal wetlands, the filling of approximately 488 sq. ft. of 404-type wetlands, and the excavation of approximately 2,573 sq. ft. of 404-type wetlands. The proposed project would require the mowing of coastal and 404-type wetlands in some areas for construction access; however those impacts would be temporary. Submitted by: Bryan Hall Date: 8/11/2022 Office: Wilmington RECEIVED AUG 12 2022 DCM-14AHD CITY SE P I WWW.SEPIINC.COM June 13,2022 To: NCDEQ—DCM Wilmington Office Bryan Hall 127 Cardinal Drive Extension Wilmington, NC 29405 Re: Greenville Loop Rd. Trail, Section 2, City of Wilmington, New I lanover County, NC Introduction This project consists of the installation of a bicycle and pedestrian path along Greenville Loop Road (non -system) from approximately 340 feet from Pine Grove Drive to the Old Military Road intersection for a length of approximately 1.70 miles. Except for the section of path located between Bradley Creek Elementary School and the intersection at Old Military Road, the path is located on the south side of Greenville Loop Road. F.xistine Conditions Improvements associated with this project are either within the right of way for Greenville Loop Road or will he within additional easements that the City of Wilmington is planning to acquire. A delineation and evaluation of jurisdictional features within the study area was conducted by SEPI on May 23-24, 2021. The evaluation identified 7 potential wetland areas and 3 potential waters of the US. USACE verified these wetlands on October 5, 2021. NCDEQ - D W R concurred with the stream calls on February 2, 2022. All three streams were perennial streams. A NCDEQ-DCM field meeting was conducted on June 7, 2022 and normal high water lines and 75' AEC lines were established for the area of the project that crosses Hewletts Creek. Proposed improvements Approximately 1.70 miles of multi -use path is proposed along Greenville Loop Road. The path will be 8-10 feet wide and include an asphalt walking surface. In addition to the multi -use path, drainage improvements are proposed (see attached plans) and ut0ity relocations are anticipated. Shoreline stabilization will be added in certain areas to maintain slopes. We appreciate the opportunity to work with you. Please do not hesitate to contact me if you have any questions regarding this request. Thank you. David Moose, PWS Project Manager/ Environmental Specialist RECEIVED SEPI, Inc. 919-223-0905 RECEIVED SUN 1 3 202' AUG 12 2022 DCM WILMINGTOW NC DCM-MHD CITY 0 S=?I Attachments • NIP Form • MP2 Form • MP3 Form • MPS Form • Impact Maps • Red Line Plans • Erosion Control Plan • Pipe Inventory Sheets • ROW and Easement Acquisitions • Siened PJD • Agent Authorization • Email Correspondence fromNCDEO-DWR RECEIVED JUN 13 2322 DCM WILM INGTON NC z RECEIVED AUG 12 2022 DCM-MHD CITY Wdminglm Project Vicinity r 8^3Agin Mat Banh Rd "o- ,kw cl Figure 1: Project Vicinity Greenville Loop Rd. Wilmington, NC New Hanover North Carolina September 2021 S aopat� ._ JyaetryW f 1�4rk.. kiT ed ,, and ci f � r, tlln lkafl n W aY�en Drdo „c lurl:a 11 U Y yyrw� 1 16 ? Qaro•d 1„ k JUN 3 212, DCM vvii . -TG - o t Miles ?y � 3 ! yt�, rv. d � i� . lc � '�-j-9e +i LIM A 0 V. /t ; rv�rv. 1 inch = 995.61 feet Soils �0 500 1,000 1,500 Greenville Loop Rd. Section 2 I Feet New Hanover County E Wilmington, NC Legend OProject Study Area Potential Wetlands Potential Wetlands / CAMA r � A m Potential Waters of the US -WE ,AS o d c, % F y.*. 5`p+VsJw. «r. � .• � � � •.:... ,. � x „cam p. �. � rr e r x ,,yyam� k• � � i 5� �' ,.ry "^� .•w+ate -. � . fY- a :.�/"' ". r J.S • ,4 n N 1 inch = 200 feet Features 1 0 100 200 300 Greenville Loop Rd. Section 2 I Feet New Hanover County E Wilmington, NC *"^ Legend Project Study Area {� Potential Wetlands r - .} Potential Wetlands / CAMA Potential Waters of the US r 3 r MIr may. Ilk , r n t a "4 F t` s- ��ro " a s .. y _ r _F N 1 inch = 200 feet Features 2 0 100 200 300 Greenville Loop Rd. Section 2 _ S Feet New Hanover County — P I Wilmington, NC UUNI sN:Lr,!.'477 77 aim• zqi 4 N 1 inch = 200 feet �0 100 200 300 Feet Features 3 Greenville Loop Rd. Section 2 New Hanover County Wilmington, NC Legend QProject Study Area Potential Wetlands Potential Wetlands / CAMA Potential Waters of the US S E P GCN NFt APPLICATION for Miler Development Permit (last ravlsed 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name City Of Wilmington Project Name (if applicable) Greenville Loop Rd Muti-use Path Applicant 1: First Name Chad MI Last Name Eichelberger Applicant 2: First Name MI Last Name If additional applicants, please attach an addRlonal page(s) with names listed. Mailing Address 212 Operations Center Drive PO Box City Wilmington State NC ZIP 28412 Country Phone No. 910.765-0619 ext. FAX No. - - Street Address (ddlrferent from above) City State ZIP Email Chad.Eichelberger@wilmingtonnc.gov 2. Agent/Contractor Information Business Name Sepi, Inc Agent/ Contractor 1: First Name David MI E Last Name Moose Agent/ Contractor 2: First Name Jason MI L Last Name Hall Mailing Address 7207 Rabbit Hollow Or PO Box City WImington State NC ZIP 28411 Phone No. 1 919. 223. 0905 ext. Phone No. 2 919.868-6044 ext. FAX No. Contractor 0 Street Address (d different from above) City state ZIP Email <Form continues on back> RECEIVED ,AUG 12 2022 1JECFIVFD JUN 13 t022 262-808-2806 :: 1-888-4ncoAs r :: www.r[��s[����t�r�n glit;{�yyILMIN4�Tt�Pd. Nil' Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. k New Hanover Greenville Loop Rd Subdivision Name City State Zip Wilmington NC - Phone No. Lot No.(s) (d many, attach additional page with list) ext. , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Cape Fear Hewletts Creek C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Hewletts Creek e. Is proposed work within city limits or planning Judsdlctlon? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO - work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +/. 1043 +/- 668,065 sgft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water Ismail (Ii many lot sizes, please attach additional page with a list) 16.12. 5.06 Ft ®NHW or ❑NWL e. Vegetation on tract Residential Landscaping and grasses, Forested areas, CAMA wetlands consisting of typha and black needle rush I. Man-made features and uses now on tract Greenville Loop Rd and its right of way. This contains roads, utilities, a bridge over hewletts creek, residential and business properties and sidewalk in certain areas. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential and business properties h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Right of way (Attach zoning compliance cemificate, if applicable) RE ❑Yes ONO NNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA If yes, by whom? D C M _ I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ONO NNA National Register listed or eligible properly? <Form continues on next page> :EIVED 12 2022 PAD CITY RECEIVF,I) JUN 13 2022 ON, NC 252.806.2808 .. t-ff86-4RCOAST .. www. nccoastalmanagernent. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (i) Are there coastal wetlands on the site? ®Yes ❑No (i) If yes to either () or III) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. County water is supplied by utilities from off site p. Describe existing storm water management or treatment systems. Municipal. 5. Acdvities and Impacts a. Will the project be for commercial, public, or private use? ❑Commerclal ®Publlo/Govemmenl ❑PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. A public mulit-use path will allow access for the public along Greenville Loop Rd. c. 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. Usual normal construction and excavation equipment will be used d. List all development activities you propose. Installation of MultWse path along Greenville Loop Rd. and changes to stromwater drainges and culverts e. Are the proposed activities maintenance of an existing project, new work, or boas? New work I. What is the approximate total disturbed land area resulting bum the proposed project? +1-12 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public aecessway or other area ®Yes ❑ No DNA that the public has established use o% h. Describe location and type of existing and proposed discharges to waters of the state. R EC See attached plans AUG 1 I. Nil wastewater or stormwater be discharged Into a wetland? ®Yes ❑No DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No DNA J. Is there any mitigation proposed? []Yes ®No DNA If yes, attach a mitigation proposal. _ :IVED 2 2022 D CITY <Form continues on back> JUN 13 Z01.2 IN,( 252-808-2808 .. 1-B88-0.61COAST .. www.nccoastalrnanagement.uet Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Penult 6. Additional Information In addition to this completed application form, (MP-1) the followbg items below, rf applicable, must be submitted in order forthe application package to be complete. items (a) — (0 are always applicable to any msVo developmenf application. Please consult the application Instruction booklet on how loproperly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan New and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complele? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacerd waterfront (riparian) landowners and signed return receipts 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 See Attached Phone No. Address Name Phone No. Address Name Phone No. Address g. A Nat of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dales. NA h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. J. A signed AEC In notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will 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 mondonng of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date6/13/22 Print Name Day Moose RECEIVED Signature C - A AUG 12 2022 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts DC NI-,Vi H D CITY ®DCM MP-3 Upland DevelopmentZ�=;(;F=I\1F:Sf.) ❑DCM MP-4 Structures Information JUN 1 3 2011 DC'M 01-M'NGTON W; 252.808.2808 :: 1.888-4RCOAST :: www.nccoastatmanagement.net 9 Property Address Owner Mailing Address 5401 Greenville Loop Rd New Hanover County 230 Government Center Dr, Suite 190 Wilmington, NC 28403 5405 Greenville Loop Rd New Hanover County water/sewer authority 320 Chestnut St. Wilmington, NC 28401 601 Sandfiddler Pointe Rd Sandfiddler Pointe HOA 613 SandFiddler Pt Wilmington, NC 28403 5836 Greenville Loop Rd Jeffery Scott 105 Windlass Dr Wilmington, NC 284D9 5842 Greenville Loop Rd Tressie Massengill PO Box 12925 Wilmington, NC 28405 lei z 1- ^ T. T 1 m Ci w r m v v G o N N < M v J� 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 Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length See Attached Plans Width Avg. Existing Depth PIP` NA Final Project Depth NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or Nv4L in cubic yards. NA C. () Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (VA-)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SS ®WL 2573 soft out side AEC ❑None (ii) Describe the purpose of the excavation in these areas: Excavation vdl be for placement of pipes and grading. 391 sgft of non -wetland excavation will be inside the AEC. ❑This section not applicable b. Type of material to be excavated. Sand d. High -ground excavation in cubic yards. 3000 cubic yards for the enlite project area RECEIVED AUG 12 2022 DCM4vxIHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Disposal area will be determined by the contractor c. (I) Do you claim title to disposal area? Elves ❑No ®NA (it) If no, attach a letter granting permisslon from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom leg), 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 or disposal in these areas: Roughly 1500 cubic yards of waste is expected b. Dimensions of disposal area. NA it. (I) Wit a disposal area be available for future maintenance? ❑Yes [)No ®NA (ii) If yes, where? If. (I) Does the disposal include any area in the water? ❑Yea []No ®NA (ill If yes, how much water area is affected? jim 1 3 I0?/- 252-808.2808 :: 1.888.ORCOAST :: wvvw.nocoastalmangmement.not revised: 12/26/06 Form DCM MP-2 (Excavation and rill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use Ai — Structures) a. Type of shoreline stabilization: b. Lenglh: 1. 25' : 2. 14'. ❑Bulkhead RRiprap ❑BreakwaterlSlll ❑Other: c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Class 1 ripmp g. Number of square feet of fill to be placed below water level. Bulkhead backfill Q Riprap Q Breakwater/Sill Q Other Q 1. Source of RI malarial. NA Width: 1. 10' with an additional 10'x10' up slope 2.10 d. Maximum distance waterward of NHW or NWL: 0 L 0) Has there been shoreline erosion during preceding 12 months? []Yes []NO RNA (ii) If yes. state amount of erosion and source of erosion amount Information. h. Type of fill malarial. NA 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ❑Yes RNo ❑NA b. 0) Will fill material be placed In coastal wellands/marsh (CW). If yes, (il) Amount of material to be placed in the water (III) Dimensions of fill area (Iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? All materials will be placed in upland areas and contained by using sillfences. c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (IQ If yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW loosoftin AEC ❑SAV _ ❑SB RVVL 488 soft outside AEC ❑None FEE C -D (II) Describe the purpose of the fill in Ihese areas: Grading Ell(; 12 ZGZZ DCM4AHD CITY b. Whet type of construction equipment will be used (e.g.. dragllne, backMe, or hydraulic dredge)? Normal construction equipment d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes RNo ❑NA (it) It yes, explain steps that vnll be taken to avoid or minimize environmental Impacts. If any wetlands need to be crossed wetland, mats Will be placed prior to crossing Into wetlands and removed after. 6/13/2022 Dale Greenville Loop Rd Mufti -Use Path Project Name City of Wilmington JUN 13 NZ? WIJAING'(pid Iv(: 252.808.2808 n 1-888.4RCOA3T :: www.necoastalmonaeament.nK revlsoda 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Name Applicant Signature RECEIVED AUG 12 2022 DCM-MHD CITY JUN 1. 3 2022 f)C%4 WILMINGT"ON. NC 252-808-2808:: 1-888-4RCOAST :;! ngmxstalma-agem�nt_not revised: 12/26/06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures to. Number of lots or parcels. proposed. Inside Right of way or easments see atttached ROW One multi -use path and pipes (See attached pipe inventory Summary table) c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads. acre). ditches, etc. NA +/- 12 acres 3000 cubic yards of earth movement and 89.590 sgft of new impervious surface and pipes li installation (See attached pipe inventory) e. If the proposed project will disturb more than one acre of land, the I. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land-msturblng asphalt, pipes, riprap activity begins. (I) If applicable, has a sedimenlaton and erosion control plan been submitted to the Division of Land Resources? ®Yes LINO ❑NA (it) If yes, list the date submitted: Approved May 16, 2022 g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (I) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 0.5% ❑Yes ONO ❑NA L Give the Percentage of the entire tract to be covered by impervious (11) 0 yes. list the date submitted: RECEIVED and/or buik-upon surfaces, such as pavement, building, rooftops. a to be used for vehicular dnveways or parking. 12.8% AUG 12 2022 j. Describe proposed method of sewage disposal. k. Have the facilities described In Item (ireceived state or Iqc@ ? !-ID CITY ��-�•:• NA approval? U [--]Yes ONO RNA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project Include an innovative stormwaler state (e.g., surface mnof(, sanitary wastewater, industriall design? commercial effluent. 'wash down" and residential discharges). ❑Yes ®No ❑NA Stormwater Discharge If yes, attach appropriate documentation. JUN L M.) 252-808-20082 :: 1-868.4RCOAST :: wvvw_nccoastalma"ement. revised: 12/28/06 Furm r)CM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Public system o. When was the lot(s) platted and recorded? NA 6/13/2022 Dste Greenville Loop Rd Multi -Use Path Project Name City of Wilmington Applicant Name Applicant Signature n. () Will water be Impounded? ❑Yes ❑No ®NA (II) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes ❑No ®NA RECE-wED AUG 12 202Z DCM-MHD CITY III"" L ;i 2091, UCill Wlj_ 252.808&2808:: 1•t188.4RCOAS7:: www.nccoastalmanaaement.net revised: 12/26/06 Form OCM MP-5 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. 1, BRIDGES ®This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: []Commercial ❑PublidGovemment ❑Private/Community c. Type of bridge (construction material): d. Water depth at the proposed crossing at NLW or NWL: e. (Q Will proposed bridge replace an existing bridge? ❑Vas ❑No f. (1) Will proposed bridge replace an existing culvert? []Yes []No If yes, If yes. (ip Length of existing bridge: (III Length of existing culvert: (!it) Width of existing bridge: (iii) Width of existing culvert: — (iv) Navigation clearance underneath existing bridge: (lv) Height of the top of the existing culvert above the NNW or (v) WII all, or a part of, the existing bridge be removed? NWL: — (Explain) (v) Will all, or a part of, the existing culvert be removed? (Explain) g Length of proposed bridge. h_ Width of proposed bridge: I. WII the proposed bridge affect existing water flow? ❑Yes ❑No j. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? ❑Yes ❑No If yes, explain: k. Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their approval? []Yes ❑No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands:— RECEIVED waters? []Yes ❑No If yes, explain: AUG 12 2022 DCNI-MI-iD CITY 2. CULVERTS []This section not applicable a. Number of culverts proposed: 4 inside AEC b. Water body in which the culvert Is to be placed: UT to Hewletts Creek ne( F1V@D < Form continues on back> JUN 2 9 2022 ncM WILMINGSON, NC 252.808-2808 :: 1.888.411 T :: www.necoastalmanis ement-not revived: 10126106 Form DCM MP-5 (Bridges and Culverts, Page 2 of 4) c. Type of culvert (construction material): Corrugated metal pipe, Concrete Pipe d. (1) Will proposed culvert replace an existing bridge? ❑Yes ONO If yes, (it) Length of existing bridge: (Ili) Width of existing bridge: IN) Navigation clearance underneath existing bridge: _ (v) Wit all, or a part of, the existing bridge be removed? (Explain) a. (1) Will proposed culvert replace an existing culvert? ®Yes ®No If yes, (it) Length of existing culvert(s): 60 feet (iii) Width of existing culvert(s): 60 inches (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) No, culvert is to be extended 6.5, Maintaince work will be done on the 69 of the pipe and spin casting is to be completed after extention has been installed. See arched documentation for the maintaince to the pipe HL—GEIVED f. Length of proposed culvert: 60" CMP - 6.5 feet extenttion and 9. Width of proposed culvert: 60". 18". 15" 60' of soincasting in existing oioe: 15" RCP-19 feet: A U G 12 ZOZZ 2f18"RCP)-totaling 60 ft inside AEC h. Height of the top of the proposed culvert above the NHW or NWL. i. Depth of culvert to be buried below exlsting bottoEdil tgur. - . D CITY 18" 2.31': 18" 1.41: '60" 1.81'; 15" 5.54' 60" 1.22 bottom contour feet is 2.185' j. Wit the proposed culvert affect navigation by reducing or increasing the existing navigable opening? []Yes ONO If yes, explain: k. Will the proposed culvert affect existing water flow? ®Yes ONO If yes, explain: Spin casting in the W' pioe will require the pipe to be cleaned and dry. Measures for dewatering are included in the attached documentation. 3. EXCAVATION and FILL ❑This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ®Yes ONO If yes, (ii) Avg. length of area to be excavated: 9.7 ft (III) Avg. width of area to be excavated: 5.36 ft (iv) Avg. depth of area to be excavated: 12 (v) Amount of material to be excavated in cubic yards: 199 b. (I) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW L22 ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: To extend existing 60" CMP and add collar. 52 sgft of Stream impacts. Three additional pipes 2 pipes at 18" and one 15" pipe will be placed in the AEC for stormwater drainage. These three pipes will be in the upland area of the AEC 195 sqft of excavation in upland for pipe removal. 37 sgft of upland excavation for a ditch.. RECEIVED —e;t11 w(�na�N, Nc 252-606.2808 :: 1-88BARCOA3T :: www.nccosstalmanaaement.net revised: 10/26/06 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) c. () Will the placement of the proposed bridge or culvert require any high -ground excavation? ®Yes ❑No If yes, III) Avg. length of area to be excavated: 60' (ii) Avg. width of area to be excavated: 18" (iv) Avg. depth of area to be excavated: 2' (v) Amount of material to be excavated in cubic yards: 232cy d. If the placement of the bridge or culvert Involves any excavation, please complete the following: (i) Location of the spoil disposal area: Excavated soil will be reused to cover pipes and excess waste will be disclosed of by the contractor. The contractor will be responsible for the disposal site. (ii) Dimensions of the spoil disposal area: NA (iii) Do you claim title to the disposal area? ❑Yes ®No (If no, attach a letter granting permission from the owner.) IN) Will the disposal area be available for future maintenance? ❑Yes ®No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WII or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ®None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area Include any area below the NHW or NWL? ? ❑Yes ONO If yes, give dimensions if different from (ii) above. NA e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ®Yes ❑No If yes, (II) Avg. length of area to be filled: 9_7 (III) Avg. width of area to be filled: 5.36 IN) Purpose of fill: To extend existing 60" CMP and add collar. g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated materiel described in Item d above) to be placed on high -ground? ®Yes ❑No If yes, (i) Avg. length of area to be filled: 1. 25' : 2. 14' (iii) Avg. width of area to be filled: 1. 19 with an additional 10'x10' : 2. 19 (lv) Purpose of fill: Riprap for shorel0,stabilization see MP 3 form 4. GENERAL (i) WIII the placement of the proposed bridge or culvert result in any fill (other than excavated material described in hem d above) to be placed within coastal wellandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of the excavation in these areas: RECEIVED AUG 12 2022 DCM-MHD CITY RECEIVED JUN 2 9 2022 DCM WILMINGTON. NC a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? ®Yss ONO detour structures? ®Yes ❑No 252-808-2808 r: 1-888-4RCOAST :: vuww.nccoastalmanagement.net revised: 10126106 VOM DCM MP-5 (Bridges and Culverts, Page 4 of A) If yes, explain: utility poles If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. If yes, explain: Please see attached Special Provisions documentation e Form continues on back> c. Will the proposed project require any work channels? d. How will excavated or nil material be kept on site and erosion [JYes ®No controlled? IF yes. complete Form DCM4fP-2. Excavated material will be placed on uplands and contained by silt fences. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Normal Construction equipment g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ®Yes []NO N yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 6/27/2022 Date Greenville Loop Rd Mufti -Use Path Project Name City of Wilmington Applicant Name �A Applicant Signature f. Will wetlands be crossed in transporting equipment to project site? C]Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED AUG 12 ZOZZ F��CE1Vit-p VCM NW M\NGToN' NC 252-888-2868 :: i-8aednr;pAST :: w .neeoaatahrus" igoottillat revised: 10126/06 Contact Name' David E Moose Contact Email Address' dmoose@sepiinc.com Project Owner' City of Wilmington Project Name* Greenville Loop Rd. Project County"` New Hanover Owner Address: ` Street Andress 212 Operations Center Drive Address Line 2 City Wilmington Poste) / Zip Code 28412 Is this a transportation project?* Yes - No Typals) of approval sought from the DWR: 401 Water Quality Certification - 401 Water Quality Certification - Regular Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project IDe? e Yes No Slate I ProNnce / Region NC Country United States Do you know the name of the staff member you would like to request a meeting with? RECEIVED Please give a brief project description below and Include location Information." Project area is a corridor approximately 110 feet wide and 2.08 AUG1 2 2022 miles long on Greenville Loop Road, from the intersection on Greenville Loop Road and Pine Grove Drive to the intersection of D C n,' , a'. FI D CITY Greenville Loop Rd and Old Military Road following the center line of the road. Three potential perennial streams were Identified in the field. PJD request was submitted to USACE on 9/30/2021 By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. �-�(; L t V L i J • I understand by signing this form that I cannot submit my application until 30 calendar days after this preUng meeting request. • I also understand that DWR is not required to respond or grant the meeting request. ii!IJ i ; 7p7'r %i,A vvll.,MlNGV0N. NC Your project's thirty -day dock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature" �6Xe��iillYklo Submittal Date 9/30/2021 RECEIVED AUG 12 2022 DC%1-;,7XD CITY 4ECEIVED IUN 13 20'7 DCM WILMINGTON, NC ROY COOPER Dov or ELIZABETH S. BISER secretory BRAXTON DAVIS Director SEPI, Inc. c/o David Moose 7207 Rabbit Hollow Dr. Wilmington, NC 29411 Dear Mr. Moose, NORTH CAROLINA Environmental Quaary August 11, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the City of Wilmington, for State approval for development of the subject property located along Greenville Loop Road, adjacent to the Hewletts Creek in New Hanover County. It was received as complete on August 2, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 16, 2022. 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 August 2, 2022, 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 I I3A-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. Sincerely, Bryan Hall Field Representative cc: Cameron Luck, DCM Holley Snider, DWR Chad Eichelberger, Applicant >� E USACE Christine Bouffard, LPO Kathryn Thurston, City of Wilmington RECEIVED AUG 12 2022 DW-im ,C C,TY North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1 12" Cardinal Drive Extension I Wemington, North Carolina 28405 910.7%7215 NOTI(40'01,F]: CAMA PERMIT APPLIEr-1 FOR Applicant proposes to install a multi -use path 'R@&6 Greenvine 1100p Kd., install stunllwdtUf inipovements d rip rap resultingJn the filling ot 1U4 sq . of coastal wetlands & 488 sgft. of 404-type wetlands w/ the excavation of lbis sgtt. of 4u4-type wptlanric nn rreenvil_le_Lnon_Rd. between Pine Grove Dr. and Old Military Rd., adjacent to Hewlett's Creek in Wilmington, New Hanover County. COMMENTS ACCEPTED THROUGH September 7, 2022 APPLICANT: City of Wilmington c/o Chad Eichelberger v 212 Operations Center Drive Agent- FPI, Inn - c/o David Moose (919) 223-0905 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: IV. of Coastal 127 ar Ina r. x . Wilmington, ryan Hall (9 10) 7 96- ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 12, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • City of Wilmington N,)kI II CAR01 INA EnOrunrnenrut Quality Hello: Please publish the attached Notice in the Wednesday August 17, 2022 issue. 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 Tanya Pietlla at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. /-N cc: MHC Files Cameron Luck — MHC USACE Support & Customer Assistance RECEIVED AUG 12 2022 DCF�i- „HD CITY North Carolina Department of EnNronmemal Quality I Division of Coastal Management �E �� Wilmington Office 1127 Cardinal Dr We Extension I Wilmington, North Carolina 28405 m ` —' 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 a development permit in Areas of Environmental Concern as designated under the CAMA: On August 11, 2022, the City of Wilmington proposed to install a multi -use path along Greenville Loop Rd., install stormwater improvements & add rip rap resulting in the filling of 184 sgjt. of coastal wetlands & 488 sgjt.of 404-type wetlands w/ the excavation of 2573 sgjt. of 404-type wetlands on Greenville Loop Rd. between Pine Grove Dr. and Old Military Rd., adjacent to Hewlett's Creek in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall 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 September 7, 2022 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 & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AU',12 20 C.. North Carolina Department of Envtronmental Quality I Division of Coastal Management Wil Wilmington Office 1 127 Cardinal Drive Extension I Wllmington. North Carolina 28405 '�' 910.79G7215 AGENT AUTHORIZATION FORM Location: Please print: Property Owner: City of Wilminf ton The undersigned, registered property owners of the above noted property, do hereby authorize Jason Hall . of SEPI. Inc (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Chad Eichelberger Date: 2021.09.17 12:27:20-04'00' Authorized Signature Authorized Signature Date: Date: RF..(;FIA 'CEIVED iUN I AUG 12 2022 GGtd VViLCITY ■ Complete Items 1, 2, and 3. Ufa ■ 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 malipiece, Ned by eni� a Date or Des, very 2 G or on the front If space permits. 6-17" A'W Arebrrato _ D. In tWnddress different Iron flam 1? 0 Ye lellvery address below: ❑ No Cape Fear Public Utility Authority 235 Government Center Drive Wilmington NC 28403 ❑AGWt 3gneWre IIIIIIIIIIIIIINIIIIIIIIIIIIII1IUllllillIII 0R lstamdMaJT s® ❑neelst M Mel"' n AdA[ sytnaauo Rmtrbted Delivery U n MereC Ma'I namletas 9590 9402 1700 6053 5248 12 a cK sea Mare 0o�orr n oehaaa Mon Re tactm Delivery Cl neien, pwapt fw It Calbot on Dal"ery Marchwdea ? Adhk Number IRa/p/B/110r1 i1fYiCB ❑ Coaeat on Oewrynenrictotl ow"ary D Hknelure Conll,nwlbnTM �_.._...y 7011 2000 0002 2817 2649 rlb.e amve,y ❑ Sleneture Conllrmetbn RMnebU Dol"ay P13 Form 3811, Juy 2015 PSN M30.02.000-BOti9 Dom�tlo Ret,m Receipt • 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 mailplece, a Signature r. X C Ct_� " �o e. tad Name) C C� Date of I 'I or on the front If space parm8s. . 1. ArtcleAddressed to: D. Is defuerveddreaedmerent Rem l? ❑Ye! - - - - - IelNsry address below: p No NEW HANOVER COUNTY 230 GOVERNMENT CENTER DR STE 190 WILMINGTON NC 28403-1672 _ ❑Pdodymd Fsprcaa® ' III IIIIII IIII III I I IIII I IIIIIIII IIIII II IIII iI � AaU 9�pwM Reehlo od D Avery U 9211 d Mlnwwaoa 9590 9402 1700 6053 5246 05 13 c1 " °Very O06N MallRwWWdDeev" ❑ Refurn Flm4A for a' alaotmoo" Maroh ]" 2. Arecle Number Il7srW* ft n WvfW SaD o pawem oalirarr R,se,,et«t oowan ❑ sl fta canrmwm^• n ,.�..wwy CJ eieixtve CMmallon 7015 1520 0002 1127 8608 1Ws64ktw UBevary nenldded De°very ;;'Form 3611, July 2016 PON 7630-02-0W9M Domestio Return Recolpt RECLZI U'.;-D AUG 12 2022 RECEIVED JUN 2 9 2022 DCM WILMINGTON, NC DC :D C1TY • Complete time 1. 2, and 3. • Print your name and address on the reverse so that we can return the card to you. Is Attach this cans to the back of the malipleco, or on the front If space permits._ _. Sandfiddler Pointe HOA 613 SandFiddler Pt Wilmington, NC 28403 IIIIIIIII IIII Illill ll till Ill l ill ll lllll III I III 9590 9402 3726 7335 5579 71 7011 2000 0002 2617 2656 P8 FDO 8811, July 2016 PSN 15311- Oee.9= X O Agent ❑Addressee B.P1 Qls 9d b/(RMted Now) C. Dive of Ddlwry idresa amercd i Gem dem t7 ❑ ae '— r delivery addaxes below. ❑ No J, eB uw type o prb M.g E ,ease ❑ Adult ft lure U Rea «.n Me', ,, oCedftd M� Reeldotod DW" D nnglalawl Ma nnll tttl OReetruu'• D comes Mal r Ocled DeINeY ❑ FucntA for 0 Colect on Delivery Mectandbe 0 cos.ctm txs..,y'u"I ed DBlNar ❑eynelui»cunnnuetkvi'w Nag R..bklad O.Iivey %g ru,uumled Dvu . ■ Complete Items 1, 2, and 3. ^• • print your name and address on the reverse X so that we can return the card to you. - ■ Attach this card to the back of the mailplece, B• or on the front If space permits. Jeffery Scott i 105 Windlass Wilmington, NC28 9 I' Illllllllllll�lllllilll �IIIII�IIIIIiIIIIN 9590 9402 3726 7335 5579 88 7011 2000 0002 2817 2663 PS Form $811, July 2016 PSN 76M-02-0oo-9= Nniestle Relurn Rewipl ❑ Agent C. Data of Delivery D. Is tleavory address dimereM front item 17 U YBF If Y58, enter delivery address below. ❑ No Service Type U F' b R' Mee Erpnae® Adult elgn.lure 11 Rxelslred Mehl. Adult StlraW. Reeebted DOWN rl=epto'od Mdi Rmtrbtcd CsiBod MNle D.Ney Cedi6ed Mail Reenkted DeW" U A rt un Rnodpt for Cdi.ct on D.INeY Merchandee cv4Ml on wwY nu.Wctw Degvery 0 el 0wo ConRmMlon" eea,ed Meg ❑ slgnMure Confl m lion d Mal Hmivted DOINNY R.Mw Dd" RECEIVED AUG 12 202� Domestic Return Roccipt RECEIVED JUN 2 9 JOI1 DC1'„' ," C,,.., DCM WILMINGTON, NC Postal Service,, RTIFIFD MAII ... PF(—F—m w (OWR2snc Mal! Only; No Insurance Coverage Prnvided) ffd For tlelivery information vlslt a., bsltew 111w osps.com. 11 ri ctl fL N M Retum HeCelpl Fee RMRet.k p IEMtoreemom Regv4xq "on O RoaYlcye poYwry Fee O (EriOcreement ReeWroo 0 0 ru TESSIE MASSENGILL � c/o Sheila Massengill Baker r- PO BOX 1535 LORTON VA 22199-1535 ��Cv 0 AUG i 2 2022 Ca✓:.:— D CITY Hall, Bryan L From: Goebel, Christine A Sent: Tuesday, July 12, 2022 3:45 PM To: Hall, Bryan L Cc: MacPherson, Tara Subject: RE: 5842 Greenville Loop Rd Notification Help Hope it works! From: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Sent: Tuesday, July 12, 2022 3:45 PM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: 5842 Greenville Loop Rd Notification Help Thanks Christy! Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.l.hall@ncdenr.gov 127 Cardinal Drive Ext 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. From: Goebel, Christine A <Christ!ne.Goebel@NCDENR.GOV> Sent: Tuesday, July 12, 2022 3:42 PM To: Hall, Bryan L <Brvan.L.HallCa@ncdenr.Qov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: 5842 Greenville Loop Rd Notification Help She is older (83) so may have moved after the fire. Try her email address: tmassen#Dgmail.com I'd also have them try her daughter at she!labaker@email.com and also by mail at: Tessie Massengill c/o Sheila Massengill Baker PO Box 1535 Lorton, VA 22199-1535 Christy From: Hall, Bryan L <Brvan.L.Hall@ncdenr.gov> Sent: Tuesday, July 12, 2022 2:39 PM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Cc: MacPherson, Tara <tara.macoherson@ncdenr.Qov> Subject: 5842 Greenville Loop Rd Notification Help Hi Christy, I have a major permit application for a Multi -Use Path which requires the notification of 5842 Greenville Loop Rd due a tidal stream that runs adjacent to their property. The consultant sent them a notification to the attached PO Box address but it was returned to them because it was not picked up. The physical residence at 5842 Greenville Loop Rd is currently not lived in because it caught fire last year. Are there any other addresses the consultant could try to notify these property owners at? Or what are the appropriate steps forward. Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office brvan.l.hall@ncdenr.aov 127 Cardinal Drive Ext 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. To: Hall, Bryan L <Brvan.L.HallPncdenr.gov> Subject: RE: (External) RE: CAMA Major Greenville Loop Rd Multi -use Path Here is the receipt and tracking number DAVID MOOSE, PWS Staff Environmental Specialist S=_?J SEPI, Inc. 910.550.3252 D 919.223.090S M Cefebrating Twenty Years From: Hall, Bryan L [mailto:Bryan.L.Hall@ncdenr.govl Sent: Tuesday, August 2, 2022 10:19 AM To: David Moose <DMoose@seoiinc.com> Subject: RE: (External) RE: CAMA Major Greenville Loop Rd Multi -use Path Hey David, I appreciate your efforts. I spoke with my district manager, she said to send notification via certified mail to the PO Box listed below as it appears to be the property owner's PO Box is now in care of her daughter. Tessie Massengill c/o Sheila Massengill Baker PO Box 1535 Lorton, VA 22199-1535 Once you've sent it certified mail, provide me with the receipt with the tracking number, we do not need to wait for the green card to come back as it is a unique situation and there have been multiple attempts to notify. So once we have proof that it has been sent certified to the PO Box below, my district manager said that is enough to process it and circulate it. Let me know if there are any questions. Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910)796-7423 office bryan.l.hall@ncdenr.gov 127 Cardinal Drive Ext 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. From: David Moose <DMoose@seoiinc.com> Sent: Tuesday, August 2, 2022 9:29 AM AUG 1 2 209,? To: Hall, Bryan L <Bryan.L.HaR@ncdenrgov> Subject: RE: [External] RE: CAMA Major Greenville Loop Rd Multi -use Path External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to I sent the emails to the two addresses no reply has been returned. We are updating the city on Thursday on the status. Where does this stand? DAVID MOOSE, PWS Staff Environmental Specialist SEPI SEPI,Inc. 910.550.3252 D 919.223.D905 M Celebrating Twenty Years From: Hall, Bryan L [maiito:Bryan.L.Hall@ncdenr.aovl Sorg. Tuesday, July 12, 2022 3:48 PM To: David Moose <DMoose@sepiinc.com> Cc: Jason Hall <]hall@sepiinc.com>; Alton Edgerton <AEdaerton@seplinc.com> Subject: RE: [External] RE: CAMA Major Greenville Loop Rd Multi -use Path Our assistant general counsel was able to come up with an email address for the property owner's email address to try and reach out to find a correct address to send her the application: tmassen@gmail.com. She also was able to locate the property owner's daughter (the property owner is 83), the property owner's daughter's email: sheilabaker@gmall.com. She was also able to find another PO box listed below: Tessie Massengili c/o Sheila Massengill Baker PO Box 1535 Lorton, VA 22199-1535 Let me know if that helps. Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.I.hall@ncdenr.gov 127 Cardinal Drive Ext 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. From: Hall, Bryan L Sent: Tuesday, July 12, 2022 2:35 PM To: David Moose <DMoose@sepiinc.com> RECE'V2D AUG 12 2022 DCM-L";:-:D CITY Cc: ihail@seoiinc.com; aedgerton <aedgerton@sepiinc.com> Subject: RE: [External] RE: CAMA Major Greenville Loop Rd Multi -use Path Thanks for the update David. I'm reaching out to DCM's assistant general counsel to see if there's another address to reach the property owner at or what the steps forward should be. I'll let you know as soon as I hear back from her. Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.l.hall@ncdenr.aov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to thins parties. From: David Moose <DMoose@sepiinc.com> Sent: Monday, July 11, 2022 3:02 PM To: Hall, Bryan L <Bryan.L.Hall@ncdenr.eov> Cc: ihall@seoiinc.com: aedgerton <aedRerton@sepiinc.com> Subject: RE: [External] RE: CAMA Major Greenville Loop Rd Multi -use Path CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. It is being sent back because it was unclaimed due to it being a PO BOX DAVID MOOSE, PWS Staff Environmental Specialist 2 S_N SEPI,Inc. 910.550.3252 D 919.223.0905 M Celebrating Twenty Years 17% From: Hall, Bryan L[mailto:Brvan.L.Hall@ncdenr.aovl Sent: Monday, July 11, 2022 11:57 AM ALA,; j 2 'VP To: David Moose <DMoose@sepiinc.com> Cc: Jason Hall <ihall@sepiinc.com>; Alton Edgerton <AEdaerton@sepiinc.com> GC ....... CI'Ty Subject: RE: (External) RE: CAMA Major Greenville Loop Rd Multi -use Path Hey David, Please sign the last page of the updated MP5 form. Any update on that last green card? Do you have a receipt and we can track the USPS tracking number? Thanks, TS-15.26 EROSION AND SEDIMENT CONTROLS: The Contractor shall install the devices as required to comply with the erosion and sedimentation control measures shown on the plans and required by the NC Division of Energy, Mineral and Land Resources representatives. The devices shall be installed prior to any excavation or land disturbing activity and shall meet requirements set out in NCDOT Division 16. All measures shall be properly maintained until such time as they can be removed. In the event that the Engineer or a representative of the NC Division Energy, Mineral and Land Resources determines that adequate measures have not been provided and or maintained, the Engineer shall give a stop work order on the project until protective measures have been taken. No additional time will be given the Contractor when the stop work is a result of his failure to comply with the N.C. Sedimentation Control Act. All work done for erosion and sedimentation shall be considered incidental to the project and no additional payment will be allowed. Said work may include, but not be limited to: tree protection, silt fences; berms; dikes; catch basin protection; seeding; mulching; and all other erosion control devices or methods. T-15.45 BYPASS PUMPING The Contractor will be responsible for all bypass pumping of pipe in preparation for repair methods if needed. The Contractor shall de -water the pipe by diverting, pumping, or bypassing any water flow through an existing pipe or drainage system prior to and during the proposed work. The bypass method must ensure the proposed pipe improvements are performed in a dry condition. If a cofferdam is installed, it is recommended to use items such as sandbags to minimize the temporary impacts. If any clearing is needed, it should be noted that mechanized clearing shall not be allowed. All water shall be turbid free before entering back into the stream. The method of bypass pumping is to be determined by the contractor but must be approved by the Engineer prior to implementing. Bypass Pump will be given as an allowance for all necessary water diversions or Q j ? 2 02? bypasses required to complete Pipe Rehabilitation work. Each instance of bypass pumping paid includes De -Watering for pre -inspection, installation, post inspections, and remediation (if necessary). All materials, equipment, labor, or other resources required to bypass a site shall be included in the unit price costs for bypass pumping. Unit price costs will be applied toward the allowance 81qECEIVED necessary. JUN 2 9 2022 DCM WILMINGTON. NC If de -water is deemed to be excessive the Contractor shall bring the item to the Engineers attention for review and approval prior to installing of additional de - watering equipment. If a well -point system is deemed necessary by the Engineer, it will be considered a changed condition. Vac -trucks used for storm drainpipe cleaning can be decanted at pre -approved City facilities. Contractor shall coordinate with the City for locations and access to said facilities. Contractor shall keep records of all cleaning activities, and quantities dumped at City facilities. T-15.53-B INSTALLATION Equipment The Contractor shall furnish all equipment and hardware necessary for the performance of the work in accordance with these specifications. All machines, tools and equipment used in the performance of work required by these specifications will be subject to the approval of the Engineer and maintained in a safe and satisfactory working condition at all times. Standard mortar mixers, compressors and pumps are required. A spin cast applicator is required. To minimize environmental impacts, the storage and operation of equipment will only be allowed on the outlet end of the 60" CW. Spin Castine It should be noted that the proposed pipe extension and end wall shall be installed prior to the spin casting. Prepare mixer and mortar per manufacturers specifications. Pump and apply immediately after mixing. Position the spin cast applicator within the center of the pipe and commence pumping the mixed mortar into the spin caster. As the mortar begins to be centrifugally cast evenly around the interior, retrieve the spin cast applicator at the best speed for applying the thickness that has been specified. Thickness may be verified at any point. If additional thickness is desired at any location, place the spin cast applicator at that location, once initial placement is set and sufficiently hard, and recommence pumping and centrifugal casting until proper design thickness is achieved. Keep pump lines cool by spraying with cold water when temperatures are 90°F (32°C) or higher. Transfer mixed mortar from mixer to pump and immediately start next mix. Apply in suitable thickness of 1/4 to 1 inch in single pass. Allow material to set and stiffen before applying subsequent pass. Due to the potential corrosion reactivity between cementitious materials and aluminum pipe, all aluminum pipe should be coated with a coal tar type coating (or similar material) prior to application of mortar. RECEIVED AUu , � (-� JUN 2 9 20?2 DCM WII_mM ON, NC ROY COOPER Gorsrna ELIZABETH S. BISER w ,r Serwary BRIAN WRENN NORTH CAROLINA fh, v roe Envfrennlenrol Qeuary May 16, 2022 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS City of Wilmington ATTN: Tony Caudle, City Manager PO Box 1810 Wilmington, NC 28402 RE: Project Name: Greenville Loop Trail, Section 2 Acres Approved: 8 Project ID: NEWHA-2022-020 County: New Hanover City: Wilmington Address: Greenville Loop Road River Basin: Cape Fear Stream Classification: Other Submitted By: Brian Steffen, PE, SEPI, Inc. Date Received by LQS: April 21, 2022 Plan Type: Municipal Dear Mr. Caudle: JCD AUG 12 2022 This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-54.1)(b). As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project, you MUST obtain the CDC prior to commencement of any land disturbing activity. The eNOlform may be accessed atdee .nc.gov/NCGOL Please directquestions about the eNOI form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC. R EC E 1 V E 1) _.;CITY JUN 13 2022 North Carolina DeWavenl of Environmental Qualify l Division of Eneryy. Mineral JWAAdW GTON, NC Wllmitglon Regional Office I IT7 Cardinal Drive ExtenWw I Wilmington, Nonh Carohna 2840$ Yw rru+va 410741,7215 Letter of Approval with Modifications and Performance Reservations City of Wilmington May 16, 2022 Page 2 of 4 Title 15A NCAC 4B .0118(a) and the NCGOI permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCG01 permit and the COC, once it is received. 3. Records of inspections made during.the previous 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land - disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the formr. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstructiop conference. Your cooperation is appreciated. Sincerely, Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Modifications Required for Approval NPDES NCGO1 Fact Sheet cc: Brian Steffen, PE, SEPI, Inc. l Glenwood Avenue, Suite 600, Raleigh, NC 27603 Wilmington Regional Office file AUG 12 2022 CITY JUN 1 3 2022 1)CM VVILfJII '.t, f<>t� NC Letter of Approval with Modifications and Performance Reservations City of Wilmington May 16, 2022 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Greenville Loop Trail, Section 2 Project ID: NEWHA-2022-020 County: New Hanover 1. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .01219. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 1 13A-54. I (e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to I vertical or less steep (I SA NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A- 52(6)). The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS I I 3A-54. I (b)). Rat_ =;'` _D ;1=f;Fll/i 11 1 AUG ] 2 Z022 UN 13 20'i CITY teem v'i'n r l`4" I". Letter of Approval with Modifications and Performance Reservations City of Wilmington May 16, 2022 Page 4 of 4 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 8_0 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and sormwater retention measures (NCGS I I 3A-54. I (b)). 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual 6.63, Rev. 6/06). 9. Sediment storage basins have not been provided on this site. It is proposed that coir fiber wattles and/or silt fencing be used for sediment retention. If this proves to be inadequate, the developer must take those additional steps necessary to stop sediment from leaving this site and a revised Soil and Erosion Control Plan will be required to be submitted (NCGS 113A-57(3)). 10. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical (I 13A-54. I (b)). 11. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGOI Ground Stabilization And Materials Handling requirements that became effective April 1, 2019. The NCGOI Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCGOI website. 12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible parry shall comply with the NCGOI Self -Inspection, Recordkeeping and Reporting requirements that became effective April 1, 2019. The NCGOI Self -Inspection, Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGOI website. 13. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 General Permit NCO 010000 NPDES for Construction Activities ION 13 &V C:\._, V — D I")CtA WILD?d�lC f0!� 'NC AUG 12 2022 DC` . ; '-) CITY Preliminary Quantities - Pipes LF (FOR ALL QUANTITIES) Alternate Pipe Class III Reinforced Concrete Pipe Class IV Reinforced Concrete Pipe ------------ ------------ Class V Reinforced Concrete Pipe ------------ Greenville Loop Road Multiuse Path APW 3/2/2022 Parc Tax Map# Owner Address ROW TCE PDE 1 R06116-004-001-0000 Jewell, Tammy Elizabeth Beck 815 Pine Grove Rd 9 2 R06116-004-002-001 First Union Mortgage Corp 5124 Greenville Loop Rd 13 81 3 R06116-004-003.000 Oakmont Condo HOA 5122 Greenville Loop Rd 182 1362 4 R06116-004-005-000 Tidal Oaks Condo UOA Inc 5128 Greenville Loop Rd 1155 4234 5 R06116-004-005-001 Ward Willard Jerry 5220 Greenville Loop Rd 49 651 6 R06213-006-017-000 Leber, Todd S 5232 Greenville Loop Rd 131 433 186 7 R06213-006-002-000 Paguio, Francis & Christina 5270 Greenville Loop Rd 2536 18 9 R06213-006-001-000 Bridger, Michael W 5290 Greenville Loop Rd 1429 10 R06200-007-028-000 Bryan, Michael 5302 Greenville Loop Rd 17 1027 11 R06213-006-016-000 Nobles, Greg & Juliana 5900 Turnstone Ct 115 347 342 12 R06213-006-015-000 Taylor, Brice & Erin 5901 Turnstone Ct $03 13 R06200-007-040-000 Philipp, Steven & Linda 602 Sandfiddier Pointe Rd 887 502 14 R06200-007-027-005 SandRddler Pointe HOA Inc 601 Sandflddler Pointe Rd 1717 795 15 R06213-010-001-000 Coley, J E Sr & Linda 5510 Greenville Loop Rd 1844 1487 3S7 16 R06200-007-D25-000 Coley, J E & Linda 5528 Greenville Loop Rd 1856 2083 17 R06200-007-024.000 Swart, Jeanne 5532 Greenville Loop Rd 3278 2177 18 R06200-007-024-001 Southerland, John 5538 Greenville Loop Rd 1454 1353 3413 19 R06200-007-022-000 Page Annette M 5614 Greenville Loop Rd 403 1281 344 20 R06218-008-035-000 Koenig Gregory Charles 5900 Hunters MITI Ln 1729 2584 21 R06218-008-023-000 Brigman, Max & Sara 5901 Hunters Mill Ln 614 543 22 R06214-008.001.000 Lord Holdings LLC 5900 Hollyholm Trace 289 192 23 1106219-008.013-000 Benecki, lames Cameron 5901 Hollyholm Trace 381 940 24 R06200-007-044-000 Fowler, Ivy 2502 Royal Palm Ln 1696 25 R06200-007-058-001 Collins, David Jr & Kristen 2501 Royal Palm Ln 2167 26 R06218-008-012-000 Glasgow, John & Dianne 5801 Meadow Brook Ct 735 1954 27 R06218-008-011-000 Bowen, Gilbert & Holly 5805 Meadow Brook Ct 895 1772 28 R06218-008-030-000 Whitehurst, Walter & Mary 5809 Meadow BrookCt 920 1628 29 R06200-007-017-000 Peterson, Steven I. Jr & Melissa Ru:2408 Alford Landing Dr 588 753 30 R06200-007-015-001 Harris, David & Laura 2411 Alford Landing Dr 294 362 31 R06200-007-015.000 Scott, Jeffrey 5836 Greenville Loop Rd 1075 1735 930 32 R06200-007-014-002 Massengill, Robert & Tressle 5842 Greenville loop Rd 98 55 2941 33 R06200-007-014-001 Williams, Franklin & Madly 5900 Greenville Loop Rd 157 750 34 R06200-007-068-000 Pullum, Skyler& Katie 2404 Peregrine Way 322 1166 35 R06200-007-014-004 Graham, Joseph 5918 Greenville Loop Rd 3D17 1847 139 36 R06200-007-039-000 Alford, Clarence & lean 5928 Greenville Loop Rd 2118 1229 37 R06200-007-012-001 Landen, Worth 5970 Greenville Loop Rd 1431 1102 3832 38 R0620D-007-011-000 Landen, Worth 6010 Greenville Loop Rd 3250 3022 39 R06200-006-017-002 Shortell, Matthew & Kimberly 6200 Head Rd 1715 1504 40 R06200-006-017.000 Woodard, Charles D 6100 Greenville Loop Rd 1097 1335 41 R06200-006-024-000 Herrera Julio Alice Family Trust 6104 Greenville Loop Rd 824 1162 42 R06200-006-023.000 Padgett, Demetria 6112 Greenville Loop Rd 1106 1952 43 R06215-011-003-000 MJ Evans Homes LLC 6200 Greenville Loop Rd 366 275 1500 44 R06215-011-002-000 Roberts, Peter John 6204 Greenville loop Rd 192 1204 45 R06215-011-001-000 Kopp, William & Barbara 62315tonebridge Rd 472 1680 95 46 R06215-010-001.000 Gruber, Steven & Kathryn 6236 Stonebridge Rd 1035 1268 47 R06200-006.016.001 Taber, Ann 6214 Greenville Loop Rd 1711 1193 48 R06200-003-026-000 New Han CNN BD of Education 6211 Greenville Loop Rd 2315 618 4 q 49 R06200-006-046-000 Caroenter Archie & Debra 6301 Greenville L000 Rd 304 2378 2 iGN 1. 3 Mf* r1GMV'111.PRIiI::;rci< AUG 12 ZGZ2 .rITY Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: 10/5/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: David moose 72Q7 Rabba Hollow Dr Wilmington ND 294t1 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Greenville Loop, SAW-2021-02128 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC county/parish/borough: New Hanover city: Wilmington Center coordinates of site (lat/long in degree decimal format). Lat.:-77.85428 Long.: 34.19496 Universal Transverse Mercator: Name of nearest waterbody: HewlettS Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (I.e., wetland vs. non wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) See attached )'JN 1 3 7.V? ):',rh N1!LPfINGI"Oi roc. S=?I Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) WA -77,85212 34.19447 0.06 Wetland 404 WB -77.85452 34,19491 0.01 Wetland 404 WC -77.86265 34.19780 0.08 Wetland 404 /LAMA WD -77.86231 34.19761 0.23 Wetland 404/CAMA WE -77.86242 34,19740 0.14 Wetland 404/CAMA WF -77,86289 34.19784 0.35 Wetland 404/CAMA WG -77.85901 34.19633 0.08 Wetland 404 SA -77.84362 34.19691 63.S6 Non- Wetland Waters 404/401 SB -77.85206 34.19426 54.04 Non- Wetland Waters 404/401 SC -77.86316 34.19774 48.82 Non- Wetland Waters Section 10 We appreciate the opportunity to work with you. Please contact us if you have any questions regarding the information we have provided or would like to see any additional changes. Sincerely, �0 f. A__ David Moose Environmental Specialist Wilmington, NC Mobile: 919-223-0905 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: RE-CL-WED JUN 1 3 AUG ] 2 2022 CCiL:,..; "j c Y SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Fol Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: dated September 2021 Data sheets prepared/submitted by or on behalf of the PJD requestor. © Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: * Natural Resources Conservation Service Soil Survey. Citation: on line ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) 1 Photographs: ❑ Aerial (Name & Date): or ® Other (Name & Date): pictures with data sheets ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): Digitally signed by Brad Shaver Date: 2021.10.0513:24:12 Signature and date of Regulatory staff member completing PJD Date: Chad Eichelberger2D21.09.17 12:27:07-04'00' Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. KVIMMELIMP13 Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02128 County: New Hanover U.S.G.S. Quad: NC -Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: City ofWilminuton Chad Eichelbereer Address: 212 Operations Center Drive Wilmington, NC 28412 E-mail: chad.eichelbereerna.wilminetonne.gov Size (acres) 2.06 Nearest Town Wilmington Nearest Waterway Hewletts Creek River Basin Ouslow Bav USGS HUC 03020302 Coordinates Latitude: 34.19496 Longitude:-77.85428 Location description: The project area is alone Greenville Loop Road from Pine Grove to Old Military Road in Wilmington. Indicate Which of the Followine Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (C WA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated September 2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. ❑ There appear to be waters, including wetlands on the above described project area/properly, that may be subject to Section 404 of the Clean Water Act (C WA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wedand delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property 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 (CWAx33 USC § 1344). Unless there is a change in 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. ❑ There are waters, including wetlandson the above described project area/property 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 relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct.g jpeattpn hat can be verified by the Corps. -� `j F't I `' f AUG 12 N22 DCi1]-:.:;,D CITY SAW-2021-02128 ❑The waters, including wetlands on your project arealproperty have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or brad.e.shaverialusace.a rrnv.mil. C. Basis For Determination: Basis For Determination: See the nreliminary jurisdictional determination form dated 10/05/2021, D. Remarks: This determination was made via desktop. E. 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. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. 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: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PIIILIP.A.SHANNIN a7.USACE.ARMY.MIL J!IPi 1 3 r __ 1GM Vv SAW-2021-02128 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria far 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 Not applicable. "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Dlgxalty signed by Brad D/ Shaver J�—a.�. Date: 2021.10A5 13:36:20 04'00' Date of JD:10/05/2021 Expiration Date of JD: Not applicable 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 https://regulatory ops.usace.armv.miUcustomer-service-survey/. Copy Furnished(electronic): SEPI atin: David Moose AUG 12 Z022 CITY irk" t;}',{V�(• UJN1;;, NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND a, REQU A>>lic:uTO , of Nviinaington, Chad L:ichelberver I File Number:-021-02128 1 Date: 10H1512021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A C ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) PERMIT DENIAL. ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or littn://www.usace.army.mii/Missions/CivilWorks/RegulatoryProf4rainvidPemiils.asi)x or the Coros regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the pemtit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section lI of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 11=' (" i- 1 %"` t '' E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved 1D (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. or OBJECTIONS TO AN INITIAL PROFFERED REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Brad Shaver Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aTUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a I5-day notice of anv site investieation. and will have the onnortunity to narticinate in all site investioarinns_ or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOMI5, Atlanta, Georgia 30303-8801 Phone; (404) 562-5137 j t hv!1P I 7Y From: Snider. Hollev To: David Moose Cc: Jason. Hal; Anna Reusche Subject: RE: [External] Greenville Loop Date: Tuesday, February 1, 2022 3:49:43 PM Good afternoon David, The Division of Water resources (DWR) has reviewed the submitted information regarding the stream determinations for the features located along Greenville Loop Road in Wilmington. The DWR concurs with the findings that the features all exhibit perennial stream characteristics. Impacts to these features will require review by the DWR. Please feel free to call or email me if you have any questions. Sincerely, Holley Snider . • .,><i(a"> .......... Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 D_EQ� Jap,n�rnl M (� � V YJ� W MI O W MI� 127 Cardinal Drive Ext. 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 From: David Moose <DMoose@sepiinc.com> Sent: Thursday, January 27, 2022 11:14 AM To: Snider, Holley <holley.snider@ncdenr.gov> Cc: Jason Hall <jhall@sepiinc.com>; Anna Reusche <AReusche@sepiinc.com> Subject: [External] Greenville Loop External email. Do not click links or open attachments unless you verify. Send all suspicious email as an t to Report Spam Good morning Attached the signed PJD from USACE, stream data forms and a copy of the NRCS soils map for the Greenville loop Rd. project. If you need anything else please feel free to let us know. When would be a good time to schedule a visit? I am off till the 4th but one of us can meet you out there. Thank you. r,e r REG EMVr [.) MU 12 ? 22 V)CV; -vri'iD C;k!'Y JUN 1 :] I)CM WILMINC=T'Ol'; NC r F' f1 ro N ro O. Major Permit Fee Schedule Project Name 6rx!eK,%A( l�o&p County:K)j�t,, t- xAti Check No & Amount: 4m) mut4 (ke 24 t7�: z-468c) DCM % DWQ % Development Type Fee 14300160143510009316256253) (2430016024351000952341) I, Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetland s or open water areas' II. Public or commercial development tha! does not involve the filling or excavation $400 100% ($400) 0%.($0) of any wetlands or open water areas. III. For development that involves the filling 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 $250 100% ($250) 0"", ($0) Certification No. 4175 can be applied III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied , III(C). If General Water Quality Certification No. 4175 could be applieP$40 but DCM staff determined that addition 60%($240) 40%($160) review and written DWQ concurrence needed because of concerns related t water quality or aquatic life: III(D). If General Water Quality $400 o 60 /o ($24C) 40'%, Certification No. 4175 cannot be applied. IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. NC Division of Coastal Management Major Permit Application Computer Sheet AEC: '1 ,LWr� rss Fee: $ # 7,441n CDAITS _ MHC cc Applicant Agent/Contractor: -5rrr - Project Site County: t— � , Staff: PO-1 a District: Wilmington Rover File: n/a River Basin: G Project Name: Gimckw l K C. MS1TV. Initial date of application submittal: G l3 22. Date application "received as complete' in the Field office: SITE DESCRIPTIONIPERMIT INFORMATION ' ORW: E l Yes 19NO PNA: as ❑No Photos Taken: -Yes ❑ No Setback Required (ripanan): ❑Yes o Critical Habitat: LjYes o []Not Sure 15 foot waiver obtained. Yes o Hazard Notification Returned: []Yes QPo SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes o ❑ Not Temporary Impacts OTes No Sure —(optional) Sandbags: Yes o ❑ Not Sure Did the land las use csification come No Mitigation Required ❑Yes'�No from county LUP:�'(es Moratorium Conditions. Environmental Assessment Done: Length of Shoreline: ❑Yes NNo ❑NA > FT. ❑Yes ❑No tKNA _ Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- ose ( '� SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404).Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp ) ---------- ❑ (CJ) Saw grass (Cladium jamaicense)SA) Salt marsh cordgrass (Spartina Itemiflora) ❑ {SY) Salt reed grass (Spartina cynoauroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp ) spicata) sP ) ✓(JR) Black needlerush (Juncus oemerianus) (SP) SalUmeadow grass (Spartina patens) APPLICATION FEE ❑ No fee required - $O.00 ❑ Minor Modification to a permit, $100 [] Permit Transfer - $100 ❑ Major development exl $100 ❑ I. Private no dredge ar ❑ III(A) Private w/ D&F up to 1 acre, 349C can be applied - $250 ❑ Major Modification to a CAMA Major permit - $250 ❑ III(B) Public or commercial w/ D&F to 1 acre, 4144 can be applied - $400 ❑ II. Public or commercial/no dredge and/or fill - $400 ❑ III(C) Priv. public or comm w /D&F to 1 acre, 4144 can be applied, DCM needs DWQ agreement - $400 wII(D) Priv. public or comm w/ D&F acre, 4144 can't be applied - $400 ❑ IV Any development involving D&F more than 1 acre - $475 ❑ Express Permit - $2000 RECEIVED AUG 12 ?OR DCM-NIHD CITY Applicant: Date: 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 Coo a Choose Dimensions Dimension 2 Dimension 3 Dimension 4 OneNew Work Replace ._ Mainl ❑ ❑ Y ❑ N New WoM Replace --- Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ Ely ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N - New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 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. FL FINAL Sq. Fl. TOTAL—Fooft FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Choose One Disturbance total includes any disturbance. Excludes any Disturbance total includes disturbance Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tom im acts impact amount temp impacts) amount Dredge ❑ Filll Both ❑ Other ❑ �4/ c_. Dredge 1A Fill ❑ Both ❑ Other ❑ Z-15q -S ^7 G5 V L Dredge ❑ FiilZg. Both ❑ Other ❑ l G1� `-�' 1 5Z211"Zv Dredge ❑ Fill �iL Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other SL2 ( o Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑❑❑� Dredge❑ Fill❑ Both ❑ Other ❑ l RECEI AUG 12 2022 919-733.2293 :: 1-888.4RCOAST :: www.nccoastatmona4ement.net revised: 02,26,18 ROY COOPER Governor ELIZABETH S. BISER Secretary BPAXTON DAVIS Director August 12, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron. luck(aNCDEN R.gov SUBJECT: CAMAID&F Applicant: City of Wilmington Project Location: Greenville Loop Rd. between Pin Grove Dr. & Old Military Rd., adj. to Hewlett's Creek in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a multi -use path along Greenville Loops Rd., install stormwater improvements, add rip -rap resulting in the filling of 184 sq ft. of coastal wetlands and 488 sq ft. of 404-type wetlands and the excavation of 2573 sq ft. of 404-type wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 7, 2022. If you have any questions regarding the proposed project, contact Bryan Hall 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. PRINfNAME -- -- AGENC_Y SIGNATURE DATE o.w=m�em�.�wca� North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 2&405 910.796.7215 RM72- Fi►71i1'.*'A JI���C�YI�/'�/�r.�31•VICINITY MAP ro WA,NOw oNBiN r 0 0 3 � aoLo d U F O j .IN CONSTtl ON GRHNY LOOP �[ 1 P T L, %"ON 2 k STA 1f ♦A0.51 � g l V GRAPHIC SCALES DESIGN DATA r 40 20 0 40 80 Y = 18 MPH a K PLANS d LEAN ANGLE 15 a0 ;0 Q ,0 80 DEGREES m PROFILE (HORIZONTAL) oo° O WNC CLASS = MULTI �03 8 A 0 8 16 -USE PATH ou. a�w RRCIFIIF NFRTI('dll GREENVILLE LOOP TRAIL, SECTION 2 CITY OF WILMINGTON LOCATION. GREENVILLE LOOP ROAD FROM PINE GROVE DRIVE TO OLD MILITARY ROAD TYPE OF WORK: GRADING, DRAINAGE, MULTI -USE PATH, EROSION CONT1 SIGNING, PAVEMENT MARKING, £H SIGNALS WETLAND AND SURFACEWATER IMPACTS PERMIT,, SITE 1 SITE 2 SITE 3 PROJECT LENGTH TOTAL LENGTH OF PROJECT = 1.68 MI 2TRST 21913 PERMIT DRAWING SHEET 1 OF 11 WEI AND IMPACTS (PERMANENT) IMPACT LOCATION AREA INSIDE AEC ISF) AREA OUTSIDE AEC ISMSHEET EXC. FILL EXC. FILL I W F 0 100 0 84 8 2 W D 0 0 624 122 9 3 !PG 0 0 1.949 0 Il d W 6 O 0 0 282 13 AEC NONWEILAND 391 - - - 8815 TOTAL 391 100 2,573 4W O.L. STREAM IMPACTS (PERMANENT( — SHEET 15 AREA INSIDE IMPACT TYPE LENGTH LF ( I AEC (SF) HEADWALL, 69' 9.7 52.0 PIPE COLLAR SHORELINE STABILIZATION - 36.0 440.1 RIP RAP TOTAL 46 492 FNO MOJ C OFFFNWLLF LOOP i L. SE N 2 h N'\ FNO CONSLRUCIION?OEaO A. VX 103 ♦M.W �Fl" RECEIVED �ttltN AUG 12 2022 �a DCM-MHD CITY s Ob ho o i O / J Ja O O ✓ pm �a O� t°y SITE 4 'k, �� 7 INCOMPLETR PLANS oar OOCYMENT NOT ........... u ueseu aw uruNFa co ne fo SITE 5 b br prtb a[' HYDRAULICS ENGINEER S p I - f M m/! STAN2FNu SvsCL�iOST�0.N5 'd RECEIVED RIGHT OF WAY DATE' MICHAEL TAYLOR. PE ROADWAY DESIGN vao/ccr auwNsea ENGINEER JUN 2 9 2022 LET77NG DAIR: WILLIAM POPE, PE vao,ter nrsrev errr�2e PA DCM WILMINGTON, 606 Z W Z V) ti WETLAND IMPACTS IMPACT LOCATION AREA INSIDE AEC (SF( - PERMANENT AREA OUTSIDE AEC (SF( - PERMANENT TEMPORARY IMPACT AREA SF EXC. FILL EXC. FILL I W F 0 :% 0 84.2 498.8 SUBTOTAL 0 100 0 84 499 i__mm®. K AEC EXCAVATION - AREA ISFj DRAINAGE 25 ortcHES NEW PIPE 20 TOTAL 45 �ROECI 0.EEf4f NCE NO, yl ea�sec y,N • * * • DENOTES MECHANIZED e ' .iWc EEr,CLEARING No • • *• • * N r °ReehvluEW iM,9:EY.YAI IIOAOWEY MfIG4 [EEGyipf! MLMUF fwGNH� __ Q Ik¢rrseGR1Bi MYC 1 WGYM[NT MOT CONSIDERED FINAL MIEN' N INCOMPLB B PLANS �♦ 1. ryA MYi4�<kvlKRw. )., ttl6.i]fY4 CIS YMIE•f AMt. 014TUXE3 COMPLETED 11 �. � � i STAJS )13 E1 TO i-SL N.T E\ 0' NHW WYMrQ^"4)Efl1 o NHW _ PERMIT DRAWING p I SHEET 2 OF 11 _ , I O Ln AEC BOUNDARY 16 LF PIPE IN AEC Z uj 1 y l y' 4• ` — wi NHW NHW P / AEC SITE � \ BOUNDARY 404/CAMA I— WF J T ORARY IMPACT: TEMPORARY IMPACT: / ECNIZED CLEARING MECHANIZED CLEARING 67.5 SF 431.3 SF ■■MEMO■■MEME■■■■■ ■OMMOMME■■MEMEM■■ ■MM■MM■INNOMMEM ■■■■■■■■■■-i Cim-Amm NONE soon Sol 091 Nc W it 2 I N zW yf- lOF 1 OiFCIiON 9 Jr � Nro�Ea RE]nNxE rro. stREI No. ** * * * • DENOTES MECHANIZED I - s 1 EAILE LOOP TRNLSEC e • CLEARING r]� • • * i to w � ••: �. l 4� TY313IN.33rr aw sN]Li No. O S UdY[CSIW WIpW/.Y O9 M'DMIItKS �-- f I N En/�wp3w{QdYWbn, NG, ENGNNR ENGINEER PAY 1 f g oocurcNT Nor oomIll"REo rtNhL LNCOMPL& B PLANS UMLER ALL SIGNATURES COMPLETED AN MW�b� T4 4. Rs r1M0. STA�33.37 0 NHW > > NHW ,...M.,... PERMIT DRAWING SHEET 3 OF 77 ] a; T 1 In C BOUND A --- --_ �Lu IN 16 PIPE IN ALLJ E / „E \ NHW y +. NHW W EILAND IMPACTS IMPACT LOCATION AREA INSIDE AEC (SF)- PERMANENT AREA OUTSIDE AEC)SF)- PERMANENT TEMPORARY IMPACT AREA EXC. FILL EXC. FILL 1 WF 0 99.6 0 84.2 498.8 SUBTOTAL 0 100 0 84 499 AEC EXCAVATION - AREA M DRAINAGE DITCHES 25 NEW PPE 20 TOTAL 45 �ETN< ]AEC \ SITE BOUNDARY 404/CAMA— WF TE CRARY IMPACT: TEMPORARY IMPACT: MECHANIZED CLEARING ' EC ANIZED CLEARING e r IIJILLIMIll Ell Iffifi mEN �immma1■■I®■■■■■■!=®®m!1■■■mmwm�I1■■■ ■ Nmmmomm'�'mmt, M■N.M 1■■■■ Mp!f"W"Nom■o�""p asi■■■►■■■■■ ■■mvm 1■■■■■■■IMP NM■■■■■Suiamm ■■■■■ ONO 'i a "Id", MN . BOUNDARYAEC SITE 2 D•NHW FILL IN WETLAND WETLAND EXCAVATION 58.3 SF IN WETLAND 126.0 SF LO -- - In F PE . MIT AW FILL WET IN WETLAND 63.3 SF 497.7 SF BOUNDARYAEC iu I FILL IN WETLAND •., TEMPQkY I (INSIDE AEC) MECHANIZED CLEARING 87.2 SF • IMPACTS 411.3 SF • . • . • WF • IIINSIDE AEC) 12.4 SF ■■��■■■■■■■■■■■■■�■■■■■■■==■■■■�Mililil��,li�lf�ll�■■�!���■ram.,,, 7■■■■!!!�■■!� �■■F���■■��■■■®�r ■■B�F� "I■■ " ti\®1■I!l����eAi�+iii�i►r®■r■■■■��J■■ ME: mrMwEll ■�;f�'�����lr'rrra���©�'r'.:lb����t,.1!'�ee.t�������■■��,■i���y�y■,�®I ■■■■■■�®■■�+*'■�■r��� N, NC ' Will VAINEW), LIM �o ■■■■■■■■■■■■■MEMO■■■■■■■■■■■■■■■■■■r!-11I■PIE ' 11 FORE'L1■■■■l-- ■ ■■■■■■■■■■■ ■ ■■■■■■■e■■■■■■■■■■■���!■�!. „ I■■�®:���■■1��■■■■ E.■■■■■■■.� C....■■...........■..o..■���■r:7.■..■•.� MENEWSZOEW ■■M!!1■■_ ■■�Il�f����■ll+iiir■■r■■�■rl■■� ■W ,,. �■■:■r■■ ��- ■ems=� J■■.■�■r�s■►a®t � ■s����r��!.�•��..�. ����,■■■■�e■►,■■■■OEM l�� 16`0 �®■■ i■■■■■■■■■■�� .� l:Wit..... ..r"MMEMEME��. ��ItOlf�liifii■■e lob& 11 lam "40 ti :, � s NO P fLO1ECf IFEFIENC' NO. M" M. pETNt fE*vNLE LOOP 7RaL SEC 2 /! HANIZED SEFCGUE Mglal * * * • DENOTES MECF.N meo • IF III CLEARING �••��„ DESIGN INO n.. EUS1l:BLESGI aawNGM EK NwM.wlcs 1 � 4 � � IYwss:GZn] FNGINEE[ ENf.INHR 1 ® ac.r,seucsv.M DENOTES EXCAVATION - - INCOMPLE B PLANS FMwn .i. MA Ra.l:Mro su.n«oo Rr IN WETLAND � lO PN WlOA )•..�®11°. � O Ic AJ 2 °�� , �to DOCUMENT NOT CONSIDERED FINAL o } UNLESS ALL SIGNATURES OOMFLETEO -- --- ---- PERMIT DRAWING N - k? 2 S �i SHEET 6 OF 11 o 0 IW _ 5(I R J : II RkMOVf 9)'Of Z LV _w- -- Lu ,w ROW Lu uj w 1.1 —1� /n— IKIFiS !!nn Q FDE t IN] Fi.tawww NWE CUI YgiCN FSi.) Sib/ { ) )Old Sff GN 6 W.JJ"['j'jl �L.y'•I 1� ES) l ETGE FAD: rz r � j EXCAVATION snnu wETAt vT usE anal ' IN WETLAND I I O G p E.IN r 1,948.8 SF, 11 DEPT n l TEMPORARY IMPACT: ' 1 RECEIVED MMEC. IADJU,� OTC. MECHANIZED CLEARING 209.3 SF AUG 12 2022 40SITE 3 G N. -n I.,..10 - SE. 0.11R DCh1-►NHDCITY WETLAND IMPACTS IMPACT LOCATION AREA INSIDE AREA OUTSIDE AEC ($F) - AEC ISF) - PERMANENT PERMANENT TEMPORARY IMPACT AREA Sf EXC. I FILL EXC. FILL 3 WG 0 0 1948.8 0 209.3 SUB(OTAL 0 0 1,949 0 209 -■■■�■■■■■■■■■■■ ■■■®`■L�,l�ic�r��1�GYi���������-WMWEW_ NO ¢ter ¢�rJ� ,■■ !�®■•--- .� J.L.■S'rinl ...I■■■■■■■■■■PS 3lEEfGfi�'� LAW � .�®®�`��I✓-_ ■■■s�'■■■■rl■■■■e■�i■■■■■■■„DLO■■■ ■■��■■��® � ■ t=Tic, ;;,)-, ��■N mom Jim ■■■■■■■■■■.wl�!1!�I■■■■■■■■■■■ ■■■■■■ 3 3E «., ■■■■ idl ili■■■■■■■■■■■■■■■■■■ NEENNE- MENNEN ■■■■■■■ ■■■■Trim�} ■■lls ■■■■■■ ■■■■■■■m � mum■m® ■■■■■■■■■■■■■■■■■■■■■ NC DENOTES FILL IN -- WETLAND ` PERMIT DRAW[ G •+ SHEET 8 F OLu Ln Lu „s rR Y v WUJ lk FILL IN WETLAND ' 281.9 SF TEMPORARY MECHANIZED CLEARING 1• WEILAND IMPACTS AREA INSIDE AREA OUTSIDE SITE 4 LOCATION PERMANENT PERMANENT IWACT AREA (SF) 0�� ■■ SUBTOTAL0000� MENEM 0 Kom 0 MEAN MG M■■■■■,■■■■■■■■■NIVE ■■��■■'■■■■■■■■■% '�!L!� �f�ii`ri..i�.�� ��r�r� : i iia ■■■■■■■■■■■■■■■■L■■■■„■■■■■■■■ii■■■■■M■■■■■■■■P11■■■■■■■ ■■■■■■■■■®■m ARM■■■■■■■■■■■■■■m■■■■■■■■■■■■■■■■■■■■■■Q��■■ !■■■■■■■■■■■■■■■■■■■■■■■■■■■■©z =zmm■■■■Em■m■■■■m.■■■■■■��!■ ■■■■■■■■■■■■■■■■■■■■lC■■■■■■■■■■■■■■■■■i�ii�wi"��'Wu(iYiiiriii�ii�'iir■■■■■i'i'rll��i�'ii■ w■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■e■e■s■■■■■■■■■■■■■■■!� �■WI 60 y Zvi i �j. r r7, r ■�__�■__■■ ■__■���■r7■����■■■■■s■■■■■■■■Omm■■w�.,, LMZ= MEN ii i ra w rci �■■■■ ■■■■��■■�_ �!�!!!�1��Yayy��1�■■■��■■■�■■■■■■■■■rt�■r■liiii■li:si�■1:�0■■■■■� ■■��������II�S, S aim`c��®/A+i711®1�■■■■■■■■��.�_�_ ■_■■_�__■_■_■__■_■_■_■■ !!■■■■■■■■■■■■■■■■■■■■■■ ONO ■■■■■■■■■■.l+'��►li�:c����3■�r �.,`i■■�! ■■■■■■■■■■■■■■■■■L■m!■■■■��■■■■■■e■ri■■■■■►�■s■■■■■■■■■s■■■■ ■■■■■■■■■■■■■■■■■■■■■■s■■■■■!�z'm'�E'm■■■■■■ME■■■®■■/■■■■mWE!®■!■ ■■■■■■■■■■■■■■■■■■■ MEN ■.■■■■=■C■■■■■■■■Yi�Vi�ii'�if�liii'�il�ir■■..■■...■ A■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■ ■■■■■■■■■■■■■■■■■■■ar��u�� k" DETAIL _.. _ DETAN. 3 _ DETAIL 6 noscr Mnlresa w. sxm „o. stay cur sa ff twos u u: l:M ixNsrn J s c. leiyv�orzc„ ^ ENVSIE LQ?° TliN1, SEC (/ `J y ` {{j / iY019>PNIt MM sXRI NO. 411110,FIY G}M' tOMMaNGMFFM M4Nfn EnYMaYNaCaaM[lM. Ys t-t0 h Ogipy! \\ stay 1. su n. H M ro -t-. su. n,sa n (.•• d'+--a-s a r tilts m i LANS ov .�i VA'. 73 0 RIM stA, I,: ie a r Ip � w rOs 6 'Ps""�1°Y 1_ t rwy .a. su. >s+xs rt ro su. a. w M rsax -t- MA xs. DS M ro -I. su >x.n M i lIIOG L STA f1+x5 M W i- SG n.M M N O O AUG 12 2022 i TEMPORARY WETLAND :` le� \` �/ C% DOCUMENT NOT CONSIDERED FINAL O L^ IMPACT I� 3' *\ t �- DCM-MHD CIT' UNLESS ALL SIGNATURES COMPLETED i - k PERMIT DRAWING a SHEET 10 OF 11 �.j �. _ ae—✓fi'✓4 _ � �.—M. p�.�.—M.��__M M" — y-- �L _ _—_lwc-RSc�. W PERMANENT STREAM ca mo LING al I TEMPOR/LftY STREAM --- tJ d I W IMPACT (SA; HQW) IMPACT .--- J� I Itl ) sN S�iFQ LW u t 2 nr — _ Lj I e -. rtyass PDE Iz-Tcr w pp� (-�. Gz �. • ' e• PRy xaf-o F E t E- E E 'sn'c[rul'!-- E J � —`E � -__ ROB' 1 CAMA SHORELINE d+ E lf" AEC E---M9ty wt �, FGI w�F STABILIZATION 4 N Jay B UNDARY roFe rA`De„M 12.3 LF o<Y CAMA SHORELINE sTA. .A w oEt a AEC wGx cuss •Asa Mr STABILIZATION �"� _ BOUNDARY ' 23.7 LF — NHw DETAIL t' DENOTES PERMANENT IMPACTS IN f AEC AVA YJN-AREA ISff SURFACE WATER + yUps e a ywa-esN DRAININ AGE 37 D1ICMFS DENOTES TEMPORA195 o o 0 0 0 o RY IMPATS raoM i-STA.fl.N rtso+-sxA n+urt NEW PIPE 114 TOTAL 3a6 14 STREAM IMPACTS (TEMPORARY( AREA LOCATION LENGTH (LE( INSIDE AEC SF UPSTREAM 20.0 3628 WEMND DOWNSTREAM SURFACE 204 81.6 WATER TOTAL 40.0 444.E STREAM NPACIS IPERMANENT) AREA INSIDE WPACT TYPE LENGTH (LET AEC (SET HEADWALL 4P P.7 52.0 PPE COLLAR SHORELINE STABILIZATION - 36.0 40-1 RP RAP TOTAL 46 492 DETAIL I _ pE�M J DETAIL 6 .4oAo enlenc4 ra. vYm no. n UW. i+ .gym W.w4.fw � srcnu art�m ch � +a.�.�,�eA..va EH✓q/[ LOW TRMLSEC 75 x„kyn xc )iW5 _ lYs+.)sen Mx f11EET No. 4WOWAYER iM1IG10M16 exar+e4s MmY[n u..ewMRer�w.mn..c aY. o.+nn INCOMPLE E PLANS FU h [aa�4 - w xm m rvn i. ..cauBTpX 1)) Sf 1pP 10)8 \ IROM L 51A )Saba 4) M STA Mi.1p 4! ' MOM YAA )]al5 .i tp 1-iTA laf90A __._.I.a..............I Iln STA1.Y44 �(1WNm \ MOM i-4)A)Sa Is NT04)A )Ia554S r MOM .4 SIA )t i M 4T 10 + bTAT1 iYS it - MOM -L. StA )4a l5 "TO six" 41 Q HMA YSU.YIi>54t R1 L4Vn NfMtl N �I �' DENOTES IMPACTS IN v ® SURFACE WATER TEMP RA��ttY W LAN i� }( 1co IMPA T I� * * l` ` \' '/� �, UNIMBALL SIGNATURES COMPLETED o J ��" PERMIT DRAWING _a_— _ SHEET 11 OF 11 dJ. PERM -AN EIVT FD�A.,I� 4 t - TEMPOARARY SIRE d �o IMPACT SA; HQ Y IMPA T __ y4 4lacw cu voncxLLJ Zt MLn = W _ v 1 4 A4D.t044 '� 15' fi— �,� - C f SPEC Vt CI(N [)RCM D Q 1 e• J PDE y �� )Ta.o F E E E E CAMA SHORELINE I� 1 STREAM IMPACTS (TEMPORARY) AEC E A°F : w w. IOOVUA STABILIZATION FION s k 1 'Y OPEN _ f LocArEC WEILAND LENGTH ILFl INSIDE AEC Q B UNDARY 1 ro moo" sdxe CAMA SHORELINE STABILIZATION ><"�° BOUNDARY DOWNSTREAM �. �_ __—.— SURFACE 20.0 81.6 23.7 LF - RECEIVED WATER NHW TOTAL 40.0 IM.6 DETAIL 5 f STREAM WpACIS(PERMANENT) AUG 12 2022 AREA INSIDE dPp t pe .b DCM-MHD CITY I aL.N.'F ms.4 I fpM VM,11aN tTO i- S1A TIaM IT AEC EXCAVATION - AREA ISM DRAINAGE DITCHES 37 PIPE REMOVAL 195 NEW PIPE 114 TOTAI 346 I WPACT TYPE LENGTH (UP) I AEC IST) HEADWALL. 6W 9.7 52.0 PIPE COLLAR SHORELINE STABILIZATION 36-0 440A RIP RAP MOM ffm,-,rm7=OMm ■■■for ^INEWIMMENFEEMEMN ■ray -.,7■�■_�•.:r■■■®r� 7■ram-'■ram 7■ra� y 1MVE .1,INIEW WWWOM !E■■m= �■omiii■Lf :'DJ■©■ ■■= IJ■ ¢_=:J■`■ :�■iiiiii■liiiii : •. !■■■■■ N : ■®®==■■ ■■i■■■■■ommu■m■1■II■■■■■■m EN■■■■■P..�..O■■MEMCM■,N■■�'"��i:-"PiS''�'.' r■ t�''�[L!"tirA,�l�i®� .. - _-....;..,�.-T-z ,� , �"..mow.^�w���owclSlii%�:ar._��-�_ c'1�Ji`�.����������m �■� =..,_ :� i.��/fli(r.��■■,irula 0�■1����i,►t�r��l■lii■���■■■s� MEN ME■■■■■■1®■■■■■■1■■■■ii■■ ►ii32 ■■LAMME■■■.■®■m1s■■ ■■■■► 3 'IS©! ��il I momfA iM®■■■■e■■■■■■■■■■■■UAL MAZ+Z■ �■SIP®■■■►\I ■■0mo ■■lff ,',T,■■■■■■■■■■■■■■ENN■■■■■ w■■(sarm■■■■■mmmmzcEmm■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I ■■immmmommom I. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02128 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Chad Eichelberger City of Wilmington Address: 212 Operations Center Drive Wilmington, NC 28412 Size (acres) Nearest Town Wilmington Nearest Waterway Hewletts Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.19496; Longitude: -77.85428 Location description: The multi-use path will be located along Greenville Loop Road from Pine Grove Drive to the Old Military Road intersection. Description of projects area and activity: The proposal is to construct approximately 1.7 miles of a multi-use path along Greenville Loop Road. The path will be 8 to 10 feet wide and include an asphalt walking surface. In addition to the multi-use path, drainage improvements, utility relocations and shoreline stabilization will occur. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344); Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 14 SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS 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 and drawings dated January 18, 2023. 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 Gregory Currey at (910) 523-1151 or Gregory.E.Currey@usace.army.mil. Corps Regulatory Official: ___________________________ Date: January 18, 2023 Expiration Date of Verification: March 14, 2026 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 https://regulatory.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: David Moose (SEPI) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) Action ID Number: SAW-2021-02128 County: New Hanover County Permittee: Chad Eichelberger City of Wilmington Project Name: Greenville Loop Trail / Wilmington / New Hanover Date Verification Issued: January 18, 2023 Project Manager: Gregory Currey 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 ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey 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 revoking 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 COLUMNS W/1.6'X1.6' BRICK WALL COLUMNS W/1.6'X1.6' BRICK WALL COLUMNS W/2.4'X2.4' WOOD FENCE WALLSTONE STONEWALL COLUMNS STONE W/1.5.'x1.5' FENCE WOOD COLUMNS STONE W/1.5.'x1.5' FENCE WOOD WALLRETAINING LANDSCAPE WALLRETAINING W/SIGN COLUMN 3'x3' 3'x3' COLUMN W/SIGN 10017.03GPS100 10119.66GPS101 11821.07MGS 20021.01TNS 20119.52TNS 20218.17TNS 20312.67TNS 20415.01TNS 20514.85TNS 2069.31TNS 2079.02PKS 20818.61TNS 22019.88TNS 22121.31TNS 22218.51TNS 22320.79TNS 22518.35PKS 22620.21TNS 22719.71TNS 30015.88TNS300 30114.69TNS301 30213.61PKS30312.53TNS303 30412.42TNS304 30511.85TNS305 40015.88TNS 40114.69TNS 40213.61PKS40312.53TNS 40412.42TNS 40511.85TNS 40615.95TNS 40716.12TNS 40812.35TNS 40912.09TNS 41013.69TNS 41114.41TNS 41214.87TNS 41313.17TNS 41416.76TNS 41512.98TNS Zion Chapel Winter Park Elementary School OleanderMemorialGardens Wrightsville Ave. Wrights ville Ave. Wrightsville Rd . Creek Creek Bradley Creek W est P ron g B rad ley C reek Airlie Shinn Money Point Seagate G reenville .1 2 3.56 Masonboro Church He wletts C re ek Intracostal Elementary Bradley Creek Sch. Bradley Creek VICINITY MAP GREENVILLE LOOP ROAD FROM PINE GROVE DRIVE TO SIGNING, PAVEMENT MARKING, & SIGNALS INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 0 0 PROFILE (HORIZONTAL) PROJECT LENGTH RIGHT OF WAY DATE: LETTING DATE: NO. TOTAL SHEETS SHEET DESIGN DATA SIGNATURE: SIGNATURE: P.E. P.E. GRAPHIC SCALES PLANS PROFILE (VERTICAL) HYDRAULICS ENGINEER ENGINEER ROADWAY DESIGN LOCATION: TYPE OF WORK: 0 9 / 0 8 / 9 9 00 1/ 18 / 2 0 2 3 . . . \ G r e e n v i lle L o o p M U P _ R d y _ t s h _ 0 1. d g n U S E R : W P o p e C O N T R A C T : License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue Prepared in the Office of: -USE PATH FUNC CLASS = MULTI V = 18 MPH 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 TID A L O A KS G R E EN V IL LE LO O P RO A D M A S TERS LA N E O ASIS D RIVE BLAC KBRO O K LAN E TU RN STO N E C O U RT W H ITE O A K D RIVE C LEARBRO O K D RIVE Q UIET LAN E H O LLYH O LM TRAC E RO YAL PALM LAN E WO O D LAN D TRAC E H ARVES T G RO VE LAN E C EDAR LAN DIN G RO AD O AK BLU FF LAN E ALFO RD LAN DIN G DRIVE P EREG RIN E WAY BLENHE IM PLACE 10 H U N TERS MILL LAN E DARBY STREET S YC A M O RE H O LLO W D RIVE SAN D FID D LER PO IN TE RO AD KIN G STO N RO AD TO N BO TRAIL OLD MILITARY ROAD GRADING, DRAINAGE, MULTI-USE PATH, EROSION CONTROL, W ILM IN G TO N TO D OW N TOW N 40 802040 TOTAL LENGTH OF PROJECT = 1.68 MI BEGIN PROJECT END PROJECT P I N E G R O V E D R I V E DEGREES LEAN ANGLE = 15 G R E E N V I L L E L O O P T R A I L , S E C T I O N 2 P R O J E C T : CITY OF WILMINGTON 2018 STANDARD SPECIFICATIONS CITY OF WILMINGTON PROJECT REFERENCE NO. LEE W AR D LA NE H E A D R O A D S T O N E B RI D G E R O A D OLD MILITARY RO A D WILLIAM POPE, PE -L- STA. 103+05.00 END CONSTRUCTION SECTION 2 END PROJECT GREENVILLE LOOP TRAIL, GREENVILLE LOOP RDPINE GROVE DR OLEANDER DR B R A N C H O F H E W L E T T 'S C R E EK SECTION 2 GREENVILLE LOOP TRAIL,2TRST 21913 ROAD GREENVILLE LOOP -L- STA. 14+40.51 TRAIL, SECTION 2 BEGIN CONSTRUCTION GREENVILLE LOOP BRA N C H O F H EW LETT'S C REEK 8 4 8 16 WETLAND AND SURFACE WATER IMPACTS PERMIT SHEET 1 OF 11 PERMIT DRAWING SITE 1 SITE 2 SITE 3 SITE 4 SITE 5 TO US 17/ 76 (OLEANDER DRIVE) 0 40 802040 A Division of TranSystems PROJECT ENGINEER N A D 8 3 /N A 2 0 11 S E E S H E E T 7 M A T C H L I N E - L - S T A . 3 2 + 0 0 S E E S H E E T 9 M A T C H L I N E - L - S T A . 3 7 + 5 0 N A D 8 3 N A 2 0 1 1 8 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 404/ CAMA -- WF SITE 1 SHEET 2 OF 11 PERMIT DRAWING 16 LF PIPE IN AEC 67.5 SF TEMPORARY IMPACT: 431.3 SF TEMPORARY IMPACT: TEMPORARY IMPACT * * * * ** * ** * *NO HEAVY MACHINERY IN WETLAND 32 33 34 35 36 37 PI = 32+00.00 EL = 14.08' (-)1.8057% PI = 32+25.00 EL = 13.63' PI = 32+50.00 EL = 13.12' (-)2.0320% (-)1.9739% PI = 32+75.00 EL = 12.63' (-)1.7113% PI = 33+00.00 EL = 12.20' (-)2.0111% PI = 33+25.00 EL = 11.70' PI = 33+50.00 EL = 11.13' (-)2.2854% (-)2.4316% PI = 33+75.00 EL = 10.52' (-)2.3478% PI = 34+00.00 EL = 9.93' (-)2.3432% 9 .6 7 PI = 35+25.00 EL = 7.18' (-)1.0502% (-)0.8293% 7 .3 3 PI = 35+50.03 EL = 6.97' (-)0.7015% PI = 35+75.00 EL = 6.80' PI = 36+00.00 EL = 6.65' (-)0.5822% PI = 36+25.00 EL = 6.48' (-)0.6954% (-)1.2319% PI = 36+50.00 EL = 6.17' (-)1.1975% PI = 36+75.00 EL = 5.87' PI = 37+00.00 EL = 5.62' (-)0.9851% PI = 37+25.00 EL = 5.37' (-)1.0207% (-)0.8716% EXISTING GROUND AT TRAIL LEFT EOP PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP CURB RAMP TRANSITION CURB RAMP TRANSITION PI = 37+50.00 EL = 5.15' (-) 2 .600% ELEV. = 5.10' STA. = 35+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 4.45' STA. = 35+25.00 RT. END RT. DITCH GRADE INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 8 . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue SSMH RIM=5.02' SSMH RIM=4.86' INV OUT 8" PVC=-3.39'(N) SSMH RIM=7.40' INV IN 8" DIP=-5.30'(S) INV OUT 10" DIP=-5.30'(E) PP PP GW PP PP MH MH MH 207 9.02 PKS 3 5 CR CR . 0 15 . 0 15 . 0 15 C F F F F C F F FF F F C C F SEE DETAIL 2 TOE PROTECTION SPECIAL LATERAL BASE DITCH FROM -L- STA. 35+00 RT TO -L- STA. 35+25 RT DETAIL 1 15 " RCP -V 15" RCP-V CB CB FROM -L- STA. 32+00 RT TO -L- STA. 32+50 RT Type of Liner=Class 'B' Rip-Rap EST. 55 SYGF EST. 25 TONS ( Not to Scale) RIP RAP AT EMBANKMENT FROM -L- STA. 35+25 RT TO -L- STA. 35+37 RT DETAIL 3 2.0' Type of Liner=Class 'I' Rip Rap, 7.5 TONS, 7.5 SYGF Grade Ditch GEOTEXTILE 1.0'min. Pad= 5' x 13' SEE DETAIL 3 EMBANKMENT RIP RAP AT SEE DETAIL 1 1-FT BASE DITCH SPECIAL LATERAL NHW NHW NHW NHW AEC BOUNDARY BOUNDARY AEC S E E S H E E T 7 M A T C H L I N E - L - S T A . 3 2 + 0 0 S E E S H E E T 9 M A T C H L I N E - L - S T A . 3 7 + 5 0 N A D 8 3 N A 2 0 1 1 8 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 404/ CAMA -- WF SITE 1 SHEET 3 OF 11 PERMIT DRAWING 16 LF PIPE IN AEC TEMPORARY IMPACT * * * * ** * ** * * 67.5 SF TEMPORARY IMPACT: 431.3 SF TEMPORARY IMPACT: NO HEAVY MACHINERY IN WETLAND 32 33 34 35 36 37 PI = 32+00.00 EL = 14.08' (-)1.8057% PI = 32+25.00 EL = 13.63' PI = 32+50.00 EL = 13.12' (-)2.0320% (-)1.9739% PI = 32+75.00 EL = 12.63' (-)1.7113% PI = 33+00.00 EL = 12.20' (-)2.0111% PI = 33+25.00 EL = 11.70' PI = 33+50.00 EL = 11.13' (-)2.2854% (-)2.4316% PI = 33+75.00 EL = 10.52' (-)2.3478% PI = 34+00.00 EL = 9.93' (-)2.3432% 9 .6 7 PI = 35+25.00 EL = 7.18' (-)1.0502% (-)0.8293% 7 .3 3 PI = 35+50.03 EL = 6.97' (-)0.7015% PI = 35+75.00 EL = 6.80' PI = 36+00.00 EL = 6.65' (-)0.5822% PI = 36+25.00 EL = 6.48' (-)0.6954% (-)1.2319% PI = 36+50.00 EL = 6.17' (-)1.1975% PI = 36+75.00 EL = 5.87' PI = 37+00.00 EL = 5.62' (-)0.9851% PI = 37+25.00 EL = 5.37' (-)1.0207% (-)0.8716% EXISTING GROUND AT TRAIL LEFT EOP PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP CURB RAMP TRANSITION CURB RAMP TRANSITION PI = 37+50.00 EL = 5.15' (-) 2 .600% ELEV. = 5.10' STA. = 35+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 4.45' STA. = 35+25.00 RT. END RT. DITCH GRADE INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 8 - c o n . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue SSMH RIM=5.02' SSMH RIM=4.86' INV OUT 8" PVC=-3.39'(N) SSMH RIM=7.40' INV IN 8" DIP=-5.30'(S) INV OUT 10" DIP=-5.30'(E) PP PP GW PP PP MH MH MH 207 9.02 PKS - 2 -2 -1 0 0 1 2 2 2 2 2 2 2 3 3 3 3 4 4 55 5 5 5 5 5 6 6 6 6 6 7 7 8 9 10 10 11 12 13 14 1 4 3 5 CR CR . 0 15 . 0 15 . 0 15 C F F F F C F F FF F F C C F SEE DETAIL 2 TOE PROTECTION SPECIAL LATERAL BASE DITCH FROM -L- STA. 35+00 RT TO -L- STA. 35+25 RT DETAIL 1 15 " RCP -V 15" RCP-V CB CB FROM -L- STA. 32+00 RT TO -L- STA. 32+50 RT Type of Liner=Class 'B' Rip-Rap EST. 55 SYGF EST. 25 TONS ( Not to Scale) RIP RAP AT EMBANKMENT FROM -L- STA. 35+25 RT TO -L- STA. 35+37 RT DETAIL 3 2.0' Type of Liner=Class 'I' Rip Rap, 7.5 TONS, 7.5 SYGF Grade Ditch GEOTEXTILE 1.0'min. Pad= 5' x 13' SEE DETAIL 3 EMBANKMENT RIP RAP AT SEE DETAIL 1 1-FT BASE DITCH SPECIAL LATERAL NHW NHW NHW NHW AEC BOUNDARY BOUNDARY AEC S E E S H E E T 8 M A T C H L I N E - L - S T A . 3 7 + 5 0 N A D 8 3 N A 2 0 1 1 9 S E E S H E E T 10 M A T C H L IN E - L - S T A . 4 3 + 0 0 WETLAND DENOTES FILL IN E E IN WETLAND DENOTES EXCAVATION F F 84.2 SF WETLAND FILL IN 63.3 SF WETLAND FILL IN 497.7 SF IN WETLAND EXCAVATION 58.3 SF WETLAND FILL IN BOUNDARY AEC 126.0 SF IN WETLAND EXCAVATION 404 -- WD SITE 2 404/ CAMA -- WF SITE 1 (CONTINUED) SHEET 4 OF 11 PERMIT DRAWING 12.4 SF (INSIDE AEC) FILL IN WETLAND 87.2 SF (INSIDE AEC) FILL IN WETLAND TEMPORARY IMPACT * * * * ** * ** * * 31.3 SF TEMPORARY IMPACT: NO HEAVY MACHINERY IN WETLAND INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 9 . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue 70' CAROLINA POWER & LIGHT COMPANY RIGHT OF WAY PP 206 9.31 TNS4 0 .0 15. 0 15 .0 15 .0 1 .0 0 .0 1 .0 15 .0 15 .0 15 .0 15 + 6 2 .8 3 C C C C F F F F F F C F C C CC C C C C C C C FF F C C CF F F RETAIN RETAIN RETAIN EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP GRADE TO DRAIN 18" RCP-IV 38 39 40 41 42 43 PI = 37+50.00 EL = 5.15' (-)0.4768% PI = 37+75.00 EL = 5.03' PI = 38+00.00 EL = 5.06' (+)0.0996% PI = 38+25.00 EL = 5.07' (+)0.0458% PI = 38+50.00 EL = 5.11' (+)0.1567% PI = 38+75.00 EL = 5.11' (+)0.0075% (-)0.2082% PI = 39+00.00 EL = 5.06' (-)0.3187% PI = 39+25.00 EL = 4.98' (-)1.0516% PI = 39+50.00 EL = 4.71' (+)3.7414% PI = 39+75.00 EL = 5.65' (+)0.8980% PI = 40+00.00 EL = 5.87' (+)0.9393% PI = 40+25.00 EL = 6.11' (+)0.9355% PI = 40+50.00 EL = 6.34' (+)1.9369% 6 .7 3 PI = 41+00.00 EL = 7.41' (+)1.8240% (+)3.2149% 7 .0 4 PI = 41+25.00 EL = 8.22' (+)3.7216% 8 .6 5 PI = 41+50.00 EL = 9.03' (+)2.8210% (+)0.9489% 8 .9 3 PI = 41+75.00 EL = 9.26' PI = 42+00.00 EL = 9.67' (+)1.6275% (+)4.6876% 10 .3 3 PI = 42+50.00 EL = 10.38' (-)0.4490% 10 .4 9 PI = 42+75.00 EL = 10.40' (+)0.0767% (-)0.7281% PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP EXISTING DRIVEWAY TIEEXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE AT TRAIL LEFT EOP EXISTING GROUND AT TRAIL LEFT EOP EXISTING GROUND EL = 10.22' PI = 43+00.00 AT TRAIL LEFT EOP EXISTING GROUND PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL NHW NHW AEC BOUNDARY S E E S H E E T 8 M A T C H L I N E - L - S T A . 3 7 + 5 0 N A D 8 3 N A 2 0 1 1 9 S E E S H E E T 10 M A T C H L IN E - L - S T A . 4 3 + 0 0 WETLAND DENOTES FILL IN E E IN WETLAND DENOTES EXCAVATION F F 84.2 SF WETLAND FILL IN 63.3 SF WETLAND FILL IN 497.7 SF IN WETLAND EXCAVATION 58.3 SF WETLAND FILL IN BOUNDARY AEC 126.0 SF IN WETLAND EXCAVATION 404 -- WD SITE 2 404/ CAMA -- WF SITE 1 (CONTINUED) SHEET 5 OF 11 PERMIT DRAWING 12.4 SF (INSIDE AEC) FILL IN WETLAND 87.2 SF (INSIDE AEC) FILL IN WETLAND TEMPORARY IMPACT * * * * ** * ** * * 431.3 SF TEMPORARY IMPACT: NO HEAVY MACHINERY IN WETLAND INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 9 - c o n . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue 70' CAROLINA POWER & LIGHT COMPANY RIGHT OF WAY PP 206 9.31 TNS 2 3 3 4 4 4 4 5 5 55 5 5 5 5 5 5 5 5 5 5 5 6 6 6 66 6 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 8 8 8 8 8 9 9 9 9 10 10 1 0 10 10 4 0 .0 15. 0 15 .0 15 .0 1 .0 0 .0 1 .0 15 .0 15 .0 15 .0 15 + 6 2 .8 3 C C C C F F F F F F C F C C CC C C C C C C C FF F C C CF F F RETAIN RETAIN RETAIN EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP GRADE TO DRAIN 18" RCP-IV 38 39 40 41 42 43 PI = 37+50.00 EL = 5.15' (-)0.4768% PI = 37+75.00 EL = 5.03' PI = 38+00.00 EL = 5.06' (+)0.0996% PI = 38+25.00 EL = 5.07' (+)0.0458% PI = 38+50.00 EL = 5.11' (+)0.1567% PI = 38+75.00 EL = 5.11' (+)0.0075% (-)0.2082% PI = 39+00.00 EL = 5.06' (-)0.3187% PI = 39+25.00 EL = 4.98' (-)1.0516% PI = 39+50.00 EL = 4.71' (+)3.7414% PI = 39+75.00 EL = 5.65' (+)0.8980% PI = 40+00.00 EL = 5.87' (+)0.9393% PI = 40+25.00 EL = 6.11' (+)0.9355% PI = 40+50.00 EL = 6.34' (+)1.9369% 6 .7 3 PI = 41+00.00 EL = 7.41' (+)1.8240% (+)3.2149% 7 .0 4 PI = 41+25.00 EL = 8.22' (+)3.7216% 8 .6 5 PI = 41+50.00 EL = 9.03' (+)2.8210% (+)0.9489% 8 .9 3 PI = 41+75.00 EL = 9.26' PI = 42+00.00 EL = 9.67' (+)1.6275% (+)4.6876% 10 .3 3 PI = 42+50.00 EL = 10.38' (-)0.4490% 10 .4 9 PI = 42+75.00 EL = 10.40' (+)0.0767% (-)0.7281% PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP EXISTING DRIVEWAY TIEEXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE EXISTING DRIVEWAY TIE AT TRAIL LEFT EOP EXISTING GROUND AT TRAIL LEFT EOP EXISTING GROUND EL = 10.22' PI = 43+00.00 AT TRAIL LEFT EOP EXISTING GROUND PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL NHW NHW AEC BOUNDARY S E E S H E E T 10 M A T C H L I N E - L - S T A . 4 8 + 5 0 S E E S H E E T 12 M A T C H L I N E - L - S T A . 5 4 + 0 0 N A D 8 3 N A 2 0 1 1 11 404 -- WG SITE 3 E E IN WETLAND DENOTES EXCAVATION SHEET 6 OF 11 PERMIT DRAWING 1,948.8 SF, 1' DEPTH IN WETLAND EXCAVATION NO HEAVY MACHINERY IN WETLAND 209.3 SF TEMPORARY IMPACT: TEMPORARY IMPACT * * * * ** * ** * * INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 1 1 . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue MH PP GW GW PP MH MH MH MH MH MH 205 14.85 TNS 407 16.12 TNS 408 12.35 TNS 5 0 CR . 0 15 CR . 0 15 . 0 15 . 0 1 .0 0 .0 1 .0 15 C C C F F C F C C C C GUM 9 " P INE 2 0 " P INE 1 2 " MAG 5 " OAK 1 2 " PINE 1 9 " CEDAR 8 " MAG 8 " MAG 1 3 " MAG 1 2 " REMOVE RETAIN RETAIN RETAIN REMOVE 18 " RC P-IV CB CB 18" RCP-IV 18" RCP-IV SEE DETAIL 6 SPECIAL CUT 'V' DITCH 18" RCP-IV RETAIN DI RETAIN EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP 3: 1 D B ( Not to Scale) Flatter3:1 or SPECIAL LATERAL BASE DITCH FROM -L- STA. 48+00 RT TO -L- STA. 49+42 RT DETAIL 1 B=1.0 Ft. Min. D=0.5 Ft. Ground Natural Slope Fill 1 8 " RC P -IV INLETS REMOVE 12"x12" SEE SHEET 2D-1 ATTACH TO EX. PIPE OFFSET CB Flatter3:1 or D 3: 1 ( Not to Scale) SPECIAL CUT 'V' DITCH DETAIL 6 Min. D=0.5 Ft. Ground Natural Slope Ditch Front FROM -L- STA. 49+42 RT TO STA. 50+00 RT CB TB 2GI 18" RCP-IV 18" CMP REMOVE 94' OF PAD: 2' X 4' EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP TB JB w/MH REPLACE W/ REMOVE DI AND RETAIN DI SEE DETAIL 1 1-FT BASE DITCH SPECIAL LATERAL 49 50 51 52 53 54 PI = 48+50.00 EL = 12.19' PI = 48+75.00 PI = 49+00.00 PI = 49+25.00 PI = 49+50.00 PI = 49+75.00 EL = 13.72' PI = 50+00.00 EL = 13.82' PI = 50+25.00 EL = 14.18' PI = 50+50.00 EL = 14.55' PI = 50+75.00 EL = 14.89' PI = 51+00.00 EL = 15.25' PI = 51+25.00 EL = 15.42' PI = 51+50.00 EL = 15.58' PI = 51+75.00 EL = 15.64' PI = 52+00.00 EL = 15.70' PI = 52+25.00 EL = 15.73' PI = 52+50.00 EL = 15.78' 15 .7 8 PI = 53+25.00 EL = 16.12' 16 .12 PI = 53+50.00 EL = 16.11' PI = 53+75.00 EL = 16.09' (-)0.0883% PI = 54+00.00 EL = 16.07' PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP PROFILE LEFT EOP PROPOSED TRAIL AT TRAIL LEFT EOP EXISTING GROUND TRANSITION CURB RAMP TRANSITION CURB RAMP EL = 12.36' (+)0.6800% EL = 12.64' (+)1.1200% EL = 12.72' (+)0.3200% EL = 13.63' (+)2.0400% (-)0.0800% (+)0.1200% (+)0.2000% (-)0.0400% (-)0.0824% ELEV. = 10.11' STA. = 48+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 6.68' STA. = 49+42.00 RT. END RT. DITCH GRADE ELEV. = 8.36' PI STA. = 49+75.00 RT. ELEV. = 10.34' STA. = 50+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 14.38' STA. = 51+57.00 RT. END RT. DITCH GRADE ELEV. = 14.03' STA. = 50+84.00 RT. BEGIN RT. DITCH GRADE (+)1.4400% (+)0.6800%(+)0.6400% (+)1.4800% (+)1.4400%(+)1.3600% (+)0.4000%(+)3.6400% (+)0.3600% S E E S H E E T 10 M A T C H L I N E - L - S T A . 4 8 + 5 0 S E E S H E E T 12 M A T C H L I N E - L - S T A . 5 4 + 0 0 N A D 8 3 N A 2 0 1 1 11 404 -- WG SITE 3 E E IN WETLAND DENOTES EXCAVATION SHEET 7 OF 11 PERMIT DRAWING 1,948.8 SF, 1' DEPTH IN WETLAND EXCAVATION NO HEAVY MACHINERY IN WETLAND 209.3 SF TEMPORARY IMPACT: TEMPARARY IMPACT * * * * ** * ** * * INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 1 1 - c o n . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue MH PP GW GW PP MH MH MH MH MH MH 205 14.85 TNS 407 16.12 TNS 408 12.35 TNS 7 8 8 9 9 9 9 9 10 10 10 10 10 11 11 11 12 12 1 2 12 1 2 1212 13 13 13 13 13 1313 14 14 141515 15 1515 15 1 5 15 1515 15 16 16 16 16 16 1 7 5 0 CR . 0 15 CR . 0 15 . 0 15 . 0 1 .0 0 .0 1 .0 15 C C C F F C F C C C C GUM 9 " P INE 2 0 " P INE 1 2 " MAG 5 " OAK 1 2 " PINE 1 9 " CEDAR 8 " MAG 8 " MAG 1 3 " MAG 1 2 " REMOVE RETAIN RETAIN RETAIN REMOVE 18 " RC P-IV CB CB 18" RCP-IV 18" RCP-IV SEE DETAIL 6 SPECIAL CUT 'V' DITCH 18" RCP-IV RETAIN DI RETAIN EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP 3: 1 D B ( Not to Scale) Flatter3:1 or SPECIAL LATERAL BASE DITCH FROM -L- STA. 48+00 RT TO -L- STA. 49+42 RT DETAIL 1 B=1.0 Ft. Min. D=0.5 Ft. Ground Natural Slope Fill 1 8 " RC P -IV INLETS REMOVE 12"x12" SEE SHEET 2D-1 ATTACH TO EX. PIPE OFFSET CB Flatter3:1 or D 3: 1 ( Not to Scale) SPECIAL CUT 'V' DITCH DETAIL 6 Min. D=0.5 Ft. Ground Natural Slope Ditch Front FROM -L- STA. 49+42 RT TO STA. 50+00 RT CB TB 2GI 18" RCP-IV 18" CMP REMOVE 94' OF PAD: 2' X 4' EST. 7 SYGF EST. 2 TONS CL. 'B' RIP RAP TB JB w/MH REPLACE W/ REMOVE DI AND RETAIN DI SEE DETAIL 1 1-FT BASE DITCH SPECIAL LATERAL 49 50 51 52 53 54 PI = 48+50.00 EL = 12.19' PI = 48+75.00 PI = 49+00.00 PI = 49+25.00 PI = 49+50.00 PI = 49+75.00 EL = 13.72' PI = 50+00.00 EL = 13.82' PI = 50+25.00 EL = 14.18' PI = 50+50.00 EL = 14.55' PI = 50+75.00 EL = 14.89' PI = 51+00.00 EL = 15.25' PI = 51+25.00 EL = 15.42' PI = 51+50.00 EL = 15.58' PI = 51+75.00 EL = 15.64' PI = 52+00.00 EL = 15.70' PI = 52+25.00 EL = 15.73' PI = 52+50.00 EL = 15.78' 15 .7 8 PI = 53+25.00 EL = 16.12' 16 .12 PI = 53+50.00 EL = 16.11' PI = 53+75.00 EL = 16.09' (-)0.0883% PI = 54+00.00 EL = 16.07' PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP PROFILE LEFT EOP PROPOSED TRAIL AT TRAIL LEFT EOP EXISTING GROUND TRANSITION CURB RAMP TRANSITION CURB RAMP EL = 12.36' (+)0.6800% EL = 12.64' (+)1.1200% EL = 12.72' (+)0.3200% EL = 13.63' (+)2.0400% (-)0.0800% (+)0.1200% (+)0.2000% (-)0.0400% (-)0.0824% ELEV. = 10.11' STA. = 48+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 6.68' STA. = 49+42.00 RT. END RT. DITCH GRADE ELEV. = 8.36' PI STA. = 49+75.00 RT. ELEV. = 10.34' STA. = 50+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 14.38' STA. = 51+57.00 RT. END RT. DITCH GRADE ELEV. = 14.03' STA. = 50+84.00 RT. BEGIN RT. DITCH GRADE (+)1.4400% (+)0.6800%(+)0.6400% (+)1.4800% (+)1.4400%(+)1.3600% (+)0.4000%(+)3.6400% (+)0.3600% S E E S H E E T 12 M A T C H L I N E - L - S T A . 5 9 + 5 0 S E E S H E E T 14 M A T C H L I N E - L - S T A . 6 5 + 0 0 13 N A D 8 3 N A 2 0 1 1 404 -- WB SITE 4 WETLAND DENOTES FILL INFF SHEET 8 OF 11 PERMIT DRAWING 281.9 SF WETLAND FILL IN TEMPORARY IMPACT * * * * ** * ** * * 104.7 SF TEMPORARY IMPACT: NO HEAVY MACHINERY IN WETLAND INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 1 3 . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue MH MH MH 204 15.01 TNS 305 11.85 TNS305405 11.85 TNS 6 0 CR CR CR . 0 15 . 0 15 . 0 15 . 0 15 C F F C F F C C F RETAINRETAIN RETAIN RETAIN RETA IN RETAIN RETA IN REMOVE CB TO JB w/ MH CONVERT DI 15 " REMOVE DI FLARED END SECTION EXTEND 48" RCP AND INSTALL REMOVE FLARED END SECTION 132 SF PAD: 6.4' x 19.4' EST. 75 SYGF EST. 34 TONS CL. 'I' RIP RAP 60 61 62 63 64 65 PI = 59+50.00 EL = 16.08' PI = 59+75.00 EL = 16.00' (-)0.3423% (-)0.4594% PI = 60+00.00 EL = 15.88' (-)0.3687% PI = 60+25.00 EL = 15.79' PI = 60+50.00 EL = 15.76' (-)0.1122% PI = 60+75.00 EL = 15.61' (-)0.6123% (-)0.6123% PI = 61+00.00 EL = 15.45' PI = 61+25.00 EL = 15.26' (-)0.7855% (-)0.7939% PI = 61+50.00 EL = 15.06' PI = 61+75.00 EL = 15.40' 14 .9 4 PI = 63+00.00 EL = 13.82' (-)0.1685% 13 .8 3 PI = 63+25.00 EL = 13.61' (-)0.8520% PI = 63+50.00 EL = 13.47' (-)0.5637% (-)0.3605% PI = 63+75.00 EL = 13.38' PI = 64+00.00 EL = 13.27' (-)0.4154% PI = 64+25.00 EL = 13.07' (-)0.7931% PI = 64+50.00 EL = 13.08' (+)0.0318% PI = 64+75.00 EL = 13.20' 13 .0 3 EXISTING GROUND AT TRAIL LEFT EOP PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP CURB RAMP TRANSITION CURB RAMP TRANSITION (+)1.3602% (- )3 .9087% (+)0.4746% (-)4 .3 0 6 1% S E E S H E E T 12 M A T C H L I N E - L - S T A . 5 9 + 5 0 S E E S H E E T 14 M A T C H L I N E - L - S T A . 6 5 + 0 0 13 N A D 8 3 N A 2 0 1 1 404 -- WB SITE 4 WETLAND DENOTES FILL INFF SHEET 9 OF 11 PERMIT DRAWING 281.9 SF WETLAND FILL IN TEMPORARY IMPACT * * * * ** * ** * * 104.7 SF TEMPORARY IMPACT: NO HEAVY MACHINERY IN WETLAND INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 1 3 - c o n . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue MH MH MH 204 15.01 TNS 305 11.85 TNS305405 11.85 TNS 6 7 89 9 9 9 10 10 10 10 10 1010 11 11 11 11 11 12 12 12 12 12 12 1212 12 12 13 13 13 13 13 13 13 1 3 13 14 14 1414 14 14 14 1 4 1 4 1 4 1414 1 4 15 15 15 15 15 1 5 15 15 15 16 16 16 17 18 18 19 6 0 CR CR CR . 0 15 . 0 15 . 0 15 . 0 15 C F F C F F C C F RETAINRETAIN RETAIN RETAIN RETA IN RETAIN RETA IN REMOVE CB TO JB w/ MH CONVERT DI 15 " REMOVE DI FLARED END SECTION EXTEND 48" RCP AND INSTALL REMOVE FLARED END SECTION 132 SF PAD: 6.4' x 19.4' EST. 75 SYGF EST. 34 TONS CL. 'I' RIP RAP 60 61 62 63 64 65 PI = 59+50.00 EL = 16.08' PI = 59+75.00 EL = 16.00' (-)0.3423% (-)0.4594% PI = 60+00.00 EL = 15.88' (-)0.3687% PI = 60+25.00 EL = 15.79' PI = 60+50.00 EL = 15.76' (-)0.1122% PI = 60+75.00 EL = 15.61' (-)0.6123% (-)0.6123% PI = 61+00.00 EL = 15.45' PI = 61+25.00 EL = 15.26' (-)0.7855% (-)0.7939% PI = 61+50.00 EL = 15.06' PI = 61+75.00 EL = 15.40' 14 .9 4 PI = 63+00.00 EL = 13.82' (-)0.1685% 13 .8 3 PI = 63+25.00 EL = 13.61' (-)0.8520% PI = 63+50.00 EL = 13.47' (-)0.5637% (-)0.3605% PI = 63+75.00 EL = 13.38' PI = 64+00.00 EL = 13.27' (-)0.4154% PI = 64+25.00 EL = 13.07' (-)0.7931% PI = 64+50.00 EL = 13.08' (+)0.0318% PI = 64+75.00 EL = 13.20' 13 .0 3 EXISTING GROUND AT TRAIL LEFT EOP PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL EXISTING GROUND AT TRAIL LEFT EOP CURB RAMP TRANSITION CURB RAMP TRANSITION (+)1.3602% (- )3 .9087% (+)0.4746% (-)4 .3 0 6 1% ww INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 1 5 . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue PPPPPPGWPP GW PPPP PP PP MH MH MH MH MH MH MH LP AEL30 POLE ABANDON 301 14.69 TNS301401 14.69 TNS 415 12.98 TNS 7 5 CR CR CR F CF C C C C C F F C C C RETAIN REMOVE REMOVE RETA IN REMOVE REMOVE 15" RCP-IV 15" RCP-IV 15" RCP-IV 2GI-D 2GI-D SEE DETAIL 3 RIP RAP AT EMBANKMENT REMOVE DI REMOVE DI CB Flatter3:1 or D 3: 1 ( Not to Scale) SPECIAL CUT 'V' DITCH FROM -L- STA. 73+00 RT TO STA. 73+40 RT DETAIL 6 Min. D=0.5 Ft. Ground Natural Slope Ditch Front FROM -L- STA. 73+40 RT TO STA. 74+25 RT SEE DETAIL 6 SPECIAL CUT 'V' DITCH REMOVE FROM -L- STA. 75+75 RT TO STA. 76+50 RT SEE DETAIL 6 SPECIAL CUT 'V' DITCH SEE DETAIL 6 SPECIAL CUT 'V' DITCH SEE DETAIL 5 GRADE=9.000% WITH CLASS 'A' RIP RAP STANDARD 'V' DITCH 18" 18 " R C P -IV TB JB w/MH 60" CMP COLLAR AND EXTEND SEE DETAIL 2 SPECIAL CUT GRASSED SWALE 3: 1 D B ( Not to Scale) Flatter3:1 or FROM -L- STA. 72+15 RT TO -L- STA. 72+50 RT DETAIL 2 B=1.0 Ft. Min. D=1.0 Ft. Ground Natural Slope Fill SPECIAL CUT GRASSED SWALE ( Not to Scale) RIP RAP AT EMBANKMENT Grade Ditch GEOTEXTILE 1.0'min. FROM -L- STA. 72+05 RT TO -L- STA. 72+15 RT DETAIL 3 2.0' Type of Liner=Class 'I' Rip Rap FROM -L- STA. 71+75 RT TO -L- STA. 71+88 RT EST. 100 SYGF EST. 100 TONS 4:14: 1 D ( Not to Scale) d STANDARD 'V' DITCH Type of Liner=Class 'A' Rip-Rap Max. d=0.5 Ft. Min. D=0.5 Ft. DETAIL 5 Ground Natural Ground Natural Geotextile EST. 5.5 SYGF EST. 2.5 TONS FROM -L- STA. 71+64 RT TO -L- STA. 71+75 RT 19' INSIDE AEC 60' IN S ID E A E C SEE DETAIL 6 SPECIAL CUT 'V' DITCH 71 72 73 74 75 76 PI = 70+50.00 EL = 10.69' PI = 70+75.00 EL = 10.73' PI = 71+00.00 PI = 71+25.00 EL = 11.10' PI = 71+50.00 EL = 11.12' 11.8 0 PI = 72+00.00 EL = 12.26' PI = 72+25.00 PI = 73+00.00 EL = 11.84' (-)1.9354% 12 .13 PI = 73+25.00 EL = 12.61' (+)3.0896% PI = 73+50.00 EL = 12.80' (+)0.7639%(-)1.7679% PI = 73+75.00 EL = 12.36' (+)2.4036% PI = 74+00.00 EL = 12.96' (+)2.2629% PI = 74+25.00 EL = 13.53' PI = 74+50.00 EL = 12.53' (-)3 .9985% PI = 74+75.00 EL = 12.59' PI = 75+00.00 EL = 13.23' PI = 75+25.00 EL = 13.59' PI = 75+50.00 EL = 14.04' PI = 75+75.00 EL = 14.59' AT TRAIL LEFT EOP EXISTING GROUND EOP EXISTING GROUND AT TRAIL LEFT PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL CURB RAMP TRANSITION CURB RAMP TRANSITION EL = 14.88' PI = 76+00.00 12 .2 9 12 .6 4 (+)0.3458%(+)0.2479% (+)2.5600% (+)1.4400%(+)1.8032% (+)2.1968%(+)1.1460% (+) 0.500% ELEV. = 7.93' STA. = 72+15.00 RT. BEGIN RT. DITCH GRADE ELEV. = 8.10' STA. = 72+50.00 RT. END RT. DITCH GRADE ELEV. = 10.94' STA. = 73+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 12.25' PI STA. = 73+40.00 RT. ELEV. = 11.70' PI STA. = 73+80.00 RT. ELEV. = 12.93' STA. = 74+25.00 RT. END RT. DITCH GRADE ELEV. = 13.70' STA. = 75+75.00 RT. BEGIN RT. DITCH GRADE EXISTING GROUND AT TRAIL LEFT EOP TRAIL LEFT EOP EXISTING GROUND AT (+) 1.800% (+)0.1600% EL = 10.95' (+)0.8800% (+)0.6000% (+)0.0800% (+)3.0630% EL = 12.53 (+)1.0800% (-)2.2529% S E E S H E E T 14 M A T C H L I N E - L - S T A . 7 0 + 5 0 N A D 8 3 N A 2 0 1 1 S E E S H E E T 16 M A T C H L I N E - L - S T A . 7 6 + 0 0 15 SHEET 10 OF 11 PERMIT DRAWING 23.7 LF STABILIZATION CAMA SHORELINE 12.3 LF STABILIZATION CAMA SHORELINE NHW IMPACT (SA; HQW) PERMANENT STREAM BOUNDARY AEC BOUNDARY AEC S S SURFACE WATER DENOTES PERMANENT IMPACTS IN IMPACT TEMPORARY STREAM IMPACT TEMPORARY WETLAND TEMPORARY IMPACTS NO HEAVY MACHINERY IN WETLAND ww INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 1 7 / 9 9 1/ 18 / 2 0 2 3 . . . \ G r e e n v i l l e L o o p M U P _ R d y _ p s h _ 1 5 - c o n . d g n U S E R : W P o p e 0 4 8 12 16 20 24 28 0 4 8 12 16 20 24 28 GREENVILLE LOOP TRAIL, SEC 2 A Division of TranSystems License: C-2197 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue PPPPPPGWPP GW PPPP PP PP MH MH MH MH MH MH MH LP AEL30 POLE ABANDON 301 14.69 TNS301401 14.69 TNS 415 12.98 TNS 3 3 4 4 5 5 6 6 7 7 8 8 9 9 9 9 1 0 10 10 10 10 10 11 11 11 11 12 12 12 12 12 12 13 13 13 13 13 14 14 14 14 14 1 4 15 15 16 7 5 CR CR CR F CF C C C C C F F C C C RETAIN REMOVE REMOVE RETA IN REMOVE REMOVE 15" RCP-IV 15" RCP-IV 15" RCP-IV 2GI-D 2GI-D SEE DETAIL 3 RIP RAP AT EMBANKMENT REMOVE DI REMOVE DI CB Flatter3:1 or D 3: 1 ( Not to Scale) SPECIAL CUT 'V' DITCH FROM -L- STA. 73+00 RT TO STA. 73+40 RT DETAIL 6 Min. D=0.5 Ft. Ground Natural Slope Ditch Front FROM -L- STA. 73+40 RT TO STA. 74+25 RT SEE DETAIL 6 SPECIAL CUT 'V' DITCH REMOVE FROM -L- STA. 75+75 RT TO STA. 76+50 RT SEE DETAIL 6 SPECIAL CUT 'V' DITCH SEE DETAIL 6 SPECIAL CUT 'V' DITCH SEE DETAIL 5 GRADE=9.000% WITH CLASS 'A' RIP RAP STANDARD 'V' DITCH 18" 18 " R C P -IV TB JB w/MH 60" CMP COLLAR AND EXTEND SEE DETAIL 2 SPECIAL CUT GRASSED SWALE 3: 1 D B ( Not to Scale) Flatter3:1 or FROM -L- STA. 72+15 RT TO -L- STA. 72+50 RT DETAIL 2 B=1.0 Ft. Min. D=1.0 Ft. Ground Natural Slope Fill SPECIAL CUT GRASSED SWALE ( Not to Scale) RIP RAP AT EMBANKMENT Grade Ditch GEOTEXTILE 1.0'min. FROM -L- STA. 72+05 RT TO -L- STA. 72+15 RT DETAIL 3 2.0' Type of Liner=Class 'I' Rip Rap FROM -L- STA. 71+75 RT TO -L- STA. 71+88 RT EST. 100 SYGF EST. 100 TONS 4:14: 1 D ( Not to Scale) d STANDARD 'V' DITCH Type of Liner=Class 'A' Rip-Rap Max. d=0.5 Ft. Min. D=0.5 Ft. DETAIL 5 Ground Natural Ground Natural Geotextile EST. 5.5 SYGF EST. 2.5 TONS FROM -L- STA. 71+64 RT TO -L- STA. 71+75 RT 19' INSIDE AEC 60' IN S ID E A E C SEE DETAIL 6 SPECIAL CUT 'V' DITCH 71 72 73 74 75 76 PI = 70+50.00 EL = 10.69' PI = 70+75.00 EL = 10.73' PI = 71+00.00 PI = 71+25.00 EL = 11.10' PI = 71+50.00 EL = 11.12' 11.8 0 PI = 72+00.00 EL = 12.26' PI = 72+25.00 PI = 73+00.00 EL = 11.84' (-)1.9354% 12 .13 PI = 73+25.00 EL = 12.61' (+)3.0896% PI = 73+50.00 EL = 12.80' (+)0.7639%(-)1.7679% PI = 73+75.00 EL = 12.36' (+)2.4036% PI = 74+00.00 EL = 12.96' (+)2.2629% PI = 74+25.00 EL = 13.53' PI = 74+50.00 EL = 12.53' (-)3 .9985% PI = 74+75.00 EL = 12.59' PI = 75+00.00 EL = 13.23' PI = 75+25.00 EL = 13.59' PI = 75+50.00 EL = 14.04' PI = 75+75.00 EL = 14.59' AT TRAIL LEFT EOP EXISTING GROUND EOP EXISTING GROUND AT TRAIL LEFT PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL PROFILE LEFT EOP PROPOSED TRAIL CURB RAMP TRANSITION CURB RAMP TRANSITION EL = 14.88' PI = 76+00.00 12 .2 9 12 .6 4 (+)0.3458%(+)0.2479% (+)2.5600% (+)1.4400%(+)1.8032% (+)2.1968%(+)1.1460% (+) 0.500% ELEV. = 7.93' STA. = 72+15.00 RT. BEGIN RT. DITCH GRADE ELEV. = 8.10' STA. = 72+50.00 RT. END RT. DITCH GRADE ELEV. = 10.94' STA. = 73+00.00 RT. BEGIN RT. DITCH GRADE ELEV. = 12.25' PI STA. = 73+40.00 RT. ELEV. = 11.70' PI STA. = 73+80.00 RT. ELEV. = 12.93' STA. = 74+25.00 RT. END RT. DITCH GRADE ELEV. = 13.70' STA. = 75+75.00 RT. BEGIN RT. DITCH GRADE EXISTING GROUND AT TRAIL LEFT EOP TRAIL LEFT EOP EXISTING GROUND AT (+) 1.800% (+)0.1600% EL = 10.95' (+)0.8800% (+)0.6000% (+)0.0800% (+)3.0630% EL = 12.53 (+)1.0800% (-)2.2529% S E E S H E E T 14 M A T C H L I N E - L - S T A . 7 0 + 5 0 N A D 8 3 N A 2 0 1 1 S E E S H E E T 16 M A T C H L I N E - L - S T A . 7 6 + 0 0 15 SHEET 11 OF 11 PERMIT DRAWING S S SURFACE WATER DENOTES IMPACTS IN 23.7 LF STABILIZATION CAMA SHORELINE 12.3 LF STABILIZATION CAMA SHORELINE NHW IMPACT (SA; HQW) PERMANENT STREAM BOUNDARY AEC BOUNDARY AEC IMPACT TEMPORARY WETLAND IMPACT TEMPORARY STREAM NO HEAVY MACHINERY IN WETLAND S S SURFACE WATER DENOTES PERMANENT IMPACTS IN TEMPORARY IMPACTS Nationwide Permit 14 Linear Transportation Projects Effective Date: February 25, 2022 / Expiration Date: March 14, 2026 Authority: Sections 10 and 404 Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, 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. 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. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10- acre; or (2) there is a discharge of dredged or fill material in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges of dredged or fill material for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include 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 that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b)(4) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” The district engineer may require mitigation to ensure that the authorized activity results in no Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 2 more than minimal individual and cumulative adverse environmental effects (see general condition 23). GENERAL CONDITIONS Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 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 the permittee’s expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and 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 be avoided 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. Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 3 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 Supply 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 management 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 Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats 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 be permanently stabilized 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 Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. 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 be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 4 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, 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 is in an official study status, 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. Permittees 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 the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be 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: http://www.rivers.gov/. 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 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 consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). 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 documentation 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-federal permittees 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 Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 5 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 listed species 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. For activities 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) As a 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, or 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 by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(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 conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the 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 ESA 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 worldwide Web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 6 necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places 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 (see 33 CFR 330.4(g)(1)). If pre- construction notification is required for the proposed NWP 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 documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to 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 carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or 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 800.3(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 historic properties affected, no adverse effect, or adverse effect. (d) Where the non-Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has 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 NHPA section 106 consultation has been completed. 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. If NHPA section 106 consultation is Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 7 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 110k of the NHPA (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, SHPO/THPO, 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. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the 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. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity 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 by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 5258 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 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 by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. 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: Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 8 (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-construction 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 provides an activity-specific waiver of this requirement. For wetland losses of 1⁄10-acre or less that require 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)Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre-construction 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 provides an activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require 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. 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 may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. 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. Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 9 (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) 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 than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, 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 final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by 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)). If permittee-responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (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 a 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 lost waters. 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. Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 10 (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 be environmentally preferable 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 material into waters of the United States that will convert a forested or scrub-shrub wetland to an 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 all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state or federal, 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. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFF 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre-construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority 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)). If the permittee cannot comply with all of the conditions of a Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 11 coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. 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. Regional and Case-By-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 CWA 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 for a single and complete project is authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a 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 1⁄3-acre. (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1⁄2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 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 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 an NWP 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 Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 12 standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will 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 CFR 332.3(l)(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 project’’), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the 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 make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the 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 NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed 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 Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 13 effect’’ on listed species or ‘‘no potential to cause effects’’ on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified 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 complete 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 pr 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) (i) A description of the proposed activity; the activity’s purpose; 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 effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. (ii) For linear projects where one or more single and complete crossings require pre- construction notification, 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 (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project and does not change those non- PCN NWP activities into NWP PCNs. (iii) Sketches should be provided when necessary to show that 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). Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 14 (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the 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 or 3⁄100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will 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 species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) 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 National Register 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 pre-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 NWP activity that requires permission from, or review by, 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 federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 15 (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 NWPs 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 require pre-construction notification and result in the loss of greater than 1⁄2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) 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 email, 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 email 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 pre- 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 that 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 associated with 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 at 33 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. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 16 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 individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, 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 authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the single and complete crossings of waters of the United States that require PCNs to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings of waters of the United States authorized by an NWP. If an applicant requests a waiver of an applicable limit, as provided for in NWPs 13, 36, 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. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by an 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 by the 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 as 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 or 3⁄100-acre of stream bed, 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. 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 permittee and 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 332.3(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. If the Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 17 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 plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure that 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 a mitigation 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), 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 prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 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 property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 18 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 maintenance, 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 under NWP 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 may be 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 NWP 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 a gain in aquatic resource area. 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 Line: 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 be determined, in the absence of actual data, by a line of 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 line 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 included in, or eligible for inclusion in, the National 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 Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 19 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. 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 the regulated activity. The loss of stream bed includes the acres of stream bed that are permanently adversely affected by filling or excavation because of the regulated 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 or wetlands 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. 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: The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream has surface water flowing continuously year-round during a typical year. 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 may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre- Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 20 construction notification may be voluntarily submitted in cases where pre-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 of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/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 of streams. 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 levels in 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.) 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 consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: 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 Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 21 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 of a 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 project: For non-linear projects, the term ‘‘single and complete project’’ is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership 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 channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized jurisdictional 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 navigation, 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 a 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 surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of 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 rights legally accruing to a tribe or tribes by virtue of inherent sovereign Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 22 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 are permanently inundated and under normal circumstances have rooted 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 a ‘‘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 sing e aquatic unit (see 33 CFR 328.4(c)(2)). Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 23 REGIONAL CONDITIONS: The following Regional Conditions have been approved by the Wilmington District for the Nationwide Permits (NWPs) published in the January 13, 2021, and December 27, 2021, Federal Register (86 FR 2744 and 86 FR 73522) announcing the reissuance of 52 existing (NWPs) and five new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. A. EXCLUDED WATER AND/OR AREAS The Corps has identified waters that will be excluded from the use of all NWP’s during certain timeframes. These waters are: 1. Anadromous Fish Spawning Areas. Work in waters of the U.S. designated by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are prohibited from February 15th through June 30th, without prior written approval from the Corps and the appropriate wildlife agencies (NCDMF, NCWRC and/or the National Marine Fisheries Service (NMFS)). Work in waters of the U.S. designated by NCWRC as primary nursery areas in inland waters are prohibited from February 15th through September 30th, without prior written approval from the Corps and the appropriate wildlife agencies. Work in waters of the U.S. designated by NCDMF as primary nursery areas shall be coordinated with NCDMF prior to being authorized by this NWP. Coordination with NCDMF may result in a required construction moratorium during periods of significant biological productivity or critical life stages. 2. Trout Waters Moratorium. Work in waters of the U.S. in the designated trout watersheds of North Carolina are prohibited from October 15th through April 15th 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 C.3. below for information on the designated trout watersheds). 3. Sturgeon Spawning Areas. No in-water work shall be conducted in waters of the U.S. designated by the National Marine Fisheries Service as Atlantic sturgeon critical habitat from February 1st through June 30th. No in-water work shall be conducted in waters of the U.S. in the Roanoke River designated as Atlantic sturgeon critical habitat from February 1st through June 30th, and August 1st through October 31st, without prior written approval from NMFS. 4. Submerged Aquatic Vegetation. Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP 48, NWP 55 and NWP 56, unless Essential Fish Habitat (EFH) consultation has been completed pursuant to the Magnuson-Stevens Fisheries Conservation and Management Act (Magnuson-Stevens Act). Permittees shall submit a PCN (See NWP General Condition 32) to the District Engineer 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 verified. B. REGIONAL CONDITIONS APPLICABLE TO ALL NWP’s 1. Critical Habitat in Western NC. For proposed activities within waters of the U.S. that require a Pre-Construction Notification (PCN) and are located in the thirteen 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 and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific PCN requirements Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 24 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, Graham, Haywood, Henderson, Jackson, Macon, Mecklenburg, Mitchell, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for permittees which provides guidelines on how to review linked websites and maps in order to fulfill NWP General Condition 18 (Endangered Species) requirements: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA. aspx. Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife Service offices listed below or Corps at (910) 251-4850. Below is a map of the USFWS Field Office Boundaries: 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: (828) 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 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 25 2. Special Designation Waters. Prior to the use of any NWP 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 Carolina waters and wetlands that require additional PCN requirements are: “Primary Nursery Areas” (PNA), including inland PNA, as designated by the North Carolina Marine Fisheries Commission and/or the North Carolina Wildlife Resources Commission. The definition of and designated PNA waters can be found in the North Carolina State Administrative Code at Title 15A, Subchapters 3R and 10C (15A NCAC 03R .0103; 15A NCAC 10C .0502; and 15A NCAC 10C .0503) and at the following web pages: • http://reports.oah.state.nc.us/ncac/title%2015a%20- %20environmental%20quality/chapter%2003%20- %20marine%20fisheries/subchapter%20r/15a%20ncac%2003r%20.0103.pdf • http://reports.oah.state.nc.us/ncac/title%2015a%20- %20environmental%20quality/chapter%2010%20- %20wildlife%20resources%20and%20water%20safety/subchapter%20c/15a%20ncac%2010c %20.0502.pdf • http://reports.oah.state.nc.us/ncac/title%2015a%20- %20environmental%20quality/chapter%2010%20- %20wildlife%20resources%20and%20water%20safety/subchapter%20c/15a%20ncac%2010c %20.0503.pdf 3. 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 Engineer prior to commencing the activity. The permittee shall also provide a copy of the PCN 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. NCWRC and NC Trout Watersheds: NCWRC Contact** Counties that are entirely within Trout Watersheds* Counties that are partially within Trout Watersheds* Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 26 Mountain Coordinator 645 Fish Hatchery Rd., Building B Marion, NC 28752 828-803- 6054 For NCDOT Projects: NCDOT Coordinator 12275 Swift Rd. Oakboro, NC 28129 704-984- 1070 Alleghany Ashe Avery Graham Haywood Jackson Macon Swain Transylvania Watauga Burke Buncombe Caldwell Cherokee Clay Henderson Madison McDowell Mitchell Polk Rutherford Surry Wilkes Yancey EBCI Contact** Counties that are within Trout Watersheds* Office of Natural Resources P.O. Box 1747, Cherokee, NC 28719 (828) 359-6113 Qualla Boundary and non- contiguous tracts of trust land located in portions of Swain, Jackson, Haywood, Graham and Cherokee Counties. *NOTE: To determine PCN requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps showing trout watersheds in each County at the following webpage: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/Trout/. **If a project is located on EBCI trust land, submit the PCN in accordance with Regional Condition C.16. Contact the Corps Asheville Regulatory Field Office at (828) 271-7980 with questions. 4. 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 U.S. 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): Brasstown Creek Burningtown Creek Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 27 Cane River Caney Fork Cartoogechaye Creek Chattooga River Cheoah River Cowee Creek Cullasaja River Deep Creek Ellijay Creek French Broad River Garden Creek Hiwassee River Hominy Creek Iotla Creek Little Tennessee River (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 Creek Shooting Creek Snowbird Creek South Toe River Stecoah Creek Swannanoa River Sweetwater Creek Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee) Valley River Watauga Creek Watauga River Wayah Creek West Fork French Broad River To determine PCN requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for all corridors at the following webpage: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/Designated-Special-Waters.aspx . 5. Limitation of Loss of Stream Bed. NWPs may not be used for activities that may result in the loss of more than 0.05 acres of stream bed, except for NWP 32. 6. Pre-Construction Notification for Loss of Stream Bed Exceeding 0.02 acres. The permittee shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32) prior to the use of any NWP for any activity that results in the loss of more than 0.02 acres of stream bed. This applies to NWPs that do not have PCN requirements as well as those NWPs that require a PCN. 7. Mitigation for Loss of Stream Bed. For any NWP that results in a loss of more than 0.02 acres of stream bed, the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment, unless the Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 28 District Engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal. For stream bed losses of 0.02 acres 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. 8. Riprap. For all NWPs that allow for the use of riprap material for bank stabilization, the following conditions shall be applied: a. 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 must be requested in writing. b. Riprap shall be placed only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top elevation of the riprap should not exceed that of the original stream bed. 9. Culvert Placement. For all NWPs that allow for culvert placement, the following conditions shall be applied: a. For all NWPs that involve the construction/installation of culverts, measures shall be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. Culvert burial is not required for structures less than 72 inch diameter/width, where the slope of the culvert will be greater than 2.5%, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g., rock ladders, cross vanes, sills, baffles etc.). Culvert burial is not required when bedrock is present in culvert locations. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 29 A waiver from the depth specifications in this condition may be requested, in writing, by the permittee and issued by the Corp. This waiver 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. 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. b. Bank-full flows (or less) shall be accommodated through maintenance of the existing bank- full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be allowed only to receive bank-full flows. c. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. 10. Utility Lines. For all NWPs that allow for the construction and installation of utility lines, the following conditions shall be applied: a. Utility lines consisting of aerial electric power transmission lines crossing navigable waters of the U.S. (which are defined at 33 CFR part 329) must comply with the applicable minimum clearances specified in 33 CFR 322.5(i). Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 30 b. The work area authorized by this permit, including temporary and/or permanent fills, will be minimized to the greatest extent practicable. Justification for work corridors exceeding forty (40) feet in width is required and will be based on pipeline diameter and length, size of equipment required to construct the utility line, and other construction information deemed necessary to support the request. The permittee is required to provide this information to the Corps with the initial PCN package. c. A plan to restore and re-vegetate wetland areas cleared for construction must be submitted with the required PCN. Cleared wetland areas shall be re-vegetated, as appropriate, with species of canopy, shrub, and herbaceous species. The permittee shall not use fescue grass or any other species identified as invasive or exotic species by the NC Native Plant Society (NCNPS): https://ncwildflower.org/invasive-exotic-species-list/. d. Any permanently maintained corridor along the utility right of way within forested wetlands shall be considered a loss of aquatic function. A compensatory mitigation plan will be required for all such impacts associated with the requested activity if the activity requires a PCN and the cumulative total of permanent conversion of forested wetlands exceeds 0.1 acres, unless the District Engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal. Where permanently maintained corridor within forested wetlands is 0.1 acres or less, 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 effects on the aquatic environment. e. When directional boring or horizontal directional drilling (HDD) under waters of the U.S., including wetlands, permittees shall closely monitor the project for hydraulic fracturing or “fracking.” Any discharge from hydraulic fracturing or “fracking” into waters of the U.S., including wetlands, shall be reported to the appropriate Corps Regulatory Field Office within 48 hours. Restoration and/or compensatory mitigation may be required as a result of any unintended discharges. 11. Temporary Access Fills. The permittee shall submit a PCN to the District Engineer prior to commencing the activity if the activity will involve the discharge of dredged or fill material into more than 0.1 acres of wetlands or 0.02 acres of stream channel for the construction of temporary access fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly describes how all temporary fills will be removed, how pre-project conditions will be restored, and include a timetable for all restoration activities. 12. Federal Navigation Channel Setbacks. Authorized structures and fills located in or adjacent to Federally authorized waterways must be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. 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 to obtain a written verification prior to the construction of any structures or fills within the Federally Authorized Channel Setback. 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 Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 31 Service (USFWS) in regard to the threatened northern long-eared bat (NLEB) (Myotis septentrionalis) 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 U.S. If the project is located on federal land, contact the Corps to determine the lead federal agency. (1) A permittee using an NWP must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. 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 required 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 a red HUC. 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: http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html. 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/raleigh/NLEB_RFO.html. (2) A permittee must submit a PCN to the District Engineer, and receive written verification from the District Engineer, prior to commencing the activity, if the activity will involve any of the following: • tree clearing/removal and/or, construction/installation of wind turbines in a red 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 HUC. Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 32 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.(1) 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 red HUC and there are percussive activities, but the percussive activities will not occur within 0.25-mile of a red HUC boundary, 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 in a red HUC, but the activity will NOT include 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 PCN to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met. The NLEB SLOPES can be viewed on the USACE website at: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910) 251- 4633. 14. West Indian Manatee Protection. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the USFWS’ Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. 15. ESA Programmatic Biological Opinions. The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and designated critical habitat (DCH), and programmatic consultation concerning other federally listed species and/or DCH may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with “incidental take” of whichever species or critical habitat is covered by a specific PBO. Authorization under NWPs is conditional upon the permittee’s compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PBOs), which are incorporated by reference in the NWPs. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO, where a take of the federally listed species occurs, would constitute an unauthorized take by the permittee, and would also constitute permittee non- compliance with the authorization under the NWPs. If the terms and conditions of a specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements in any NWP verification that may be issued for a project. For an activity/project that does not require a PCN, the terms and conditions of the applicable PBO(s) also apply to that non-notifying Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 33 activity/project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO and the ESA. All PBOs can be found on our website at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/ESA/. 16. Work on Eastern Band of Cherokee Indian Land. Notifying NWPs - All PCNs submitted for activities in waters of the U.S. on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land located in portions of Swain, Jackson, Haywood, Graham and Cherokee Counties), must comply with the requirements of the latest MOU between the Wilmington District and the EBCI. Non-notifying NWPs - Prior to the use of any non-notifying NWP for activities in waters of the U.S. on EBCI trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land located in portions of Swain, Jackson, Haywood, Graham and Cherokee Counties), all prospective permittees must comply with the requirements of the latest MOU between the Wilmington District and the EBCI; this includes coordinating the proposed project with the EBCI Natural Resources Program and obtaining a Tribal Approval Letter from the Tribe. The EBCI MOU can be found at the following URL: http://saw-reg.usace.army.mil/FO/Final- MOU-EBCI-USACE.pdf 17. 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 U.S. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. C. REGIONAL CONDITIONS APPLICABLE TO NWP 14 a. If appropriate, permittees shall employ natural channel design (see definition below and NOTE below) to the maximum extent practicable for stream relocations. All stream relocation proposals shall include a Relocation and Monitoring Plan and a functional assessment of baseline conditions (e.g., use of the North Carolina Stream Assessment Methodology). Compensatory mitigation may be required for stream relocations. Natural Channel Design means a geomorphologic approach to stream restoration based on an understanding of valley type, general watershed conditions, dimension, pattern, profile, hydrology and sediment transport of natural, stable channels (reference condition) and applying this understanding to the reconstruction of a stable channel. NOTE: For more information on Natural Channel Design, permittees should reference North Carolina Stream Mitigation Guidance on the Corps RIBITS (Regulatory In-lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: https://ribits.ops.usace.army.mil/ords/f?p=107:2 b. In designated trout watersheds, a PCN is not required for impacts to a maximum of 0.007 acres (0.02 acres for temporary dewatering). In designated trout waters, the permittee shall submit a PCN (see Regional Conditions C.3. above 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 jurisdictional aquatic resources exceed 0.007 acres; 2) temporary Nationwide Permit 14 - Activities, Regional Conditions, General Conditions, and Definitions 34 impacts to streams or waterbodies associated with dewatering to work in dry conditions exceed 0.02 acres; 3) the project will involve impacts to wetlands; 4) the primary purpose of the project is for commercial development; 5) 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 6) the activity will be constructed during the trout waters moratorium (October 15 through April 15). D. SECTION 401 WATER QUALITY CERTIFICATION (WQC) AND/OR COASTAL ZONE MANAGEMENT ACT (CZMA) CONSISTENCY DETERMINATION SUMMARY AND APPLICABLE CONDITIONS The CZMA Consistency Determination and all Water Quality Certifications for the NWPs can be found at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Permits/2017-Nationwide-Permits/ North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 October 10, 2022 DWR #20221089 New Hanover County City of Wilmington Attn: Chad Eichelberger 212 Operations Center Drive Wilmington, NC 28412 Subject: Approval of Individual 401 Water Quality Certification Greenville Loop Road Multi-Use Path Dear Mr. Eichelberger: Attached hereto is a copy of Certification No. WQC005240 issued to Chad Eichelberger and the City of Wilmington, dated October 10, 2022. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 2 of 14 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenr.gov if you have any questions or concerns. Sincerely, Morella Sanchez-King Regional Operations Supervisor Electronic cc: David Moose, consultant Greg Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 3 of 14 Filename: 20221089_Greenville Loop Multi-Use Path_IWQC_NHCo._Oct.22 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 4 of 14 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005240 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Chad Eichelberger and the City of Wilmington, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 12, 2022, and by Public Notice issued by the Division of Coastal Management on August 17, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan Location or Reference 404/401 Wetlands Excavation for drainage Wetland fill 0.06 acres 0.015 acres N/A N/A Project narrative And drawings sheets 1 thru 11 Open Waters Dated received Drainage Pipe 0.01 acres (52 Sq. Ft.) N/A On June 29, 2022 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 5 of 14 that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule [including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All wetlands impacted by the placement of temporary construction equipment, materials and/or clearing activities shall be restored to the preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species including woody species. Citation: 15A NCAC 02H .0506(b)(2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 6 of 14 comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 6. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 7. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 9. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 7 of 14 Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 10. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 8 of 14 11. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 13. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 9 of 14 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 15. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 10 of 14 16. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72” in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 11 of 14 properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 18. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 19. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 12 of 14 remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 20. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 21. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 22. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 23. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 13 of 14 other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 24. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 25. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 26. The 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 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 City of Wilmington DWR# 20221089 Individual Certification #WQC005240 Page 14 of 14 §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 27. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification 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 with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 10th day of October 2022 Morella Sanchez-King Regional Operations Supervisor MSK/hs DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1