20071445 Ver 2_Modifications_20080731

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
July 31, 2008
S&EC Project # 6253
01- 1445 V 7, USACE AID SAW-2007-
00912-65
DWQ Project No. 20071445
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Nicole Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
sPAID
R (,?? r,-*-",J- ow [4 P
JUL 3 1 2008
DENR - WATER QUALITY
WETLANDS AND STORM`NATER BRANCH
Re: Wilmington Beach Street Improvements Project
Water Quality Certification No. 3723 MODIFICATION
On January 1, 2008, the NC Division of Water Quality (NC DWQ) issued the above
mentioned Water Quality Certification. At that time, the US Army Corps of Engineers
and the Division of Coastal Management (DCM) Federal Consistency Review
Coordinator determined that the application package had some deficiencies. On March
18, 2008, The Town of Carolina Beach, Engineering Services staff and S&EC staff met
with the USACE, DCM and the DWQ Wilmington Regional Office to discuss and review
the comments made by the USACE and DCM. We have attached a copy of the approved
meeting minutes from March 18, 2008.
During the Agency Coordination Meeting, the issue of stormwater management was
addressed through the Town of Carolina Beach proposing a municipal stormwater
management system that will provide stormwater treatment for the entire area where
there previously was none. As part of this new municipal stormwater management
system, two (2) new pump stations are being constructed. One of these pump stations
necessitates additional jurisdictional ditch impact beyond what DWQ previously
authorized, (see attached "Exhibit A, Inset Map5"). We have documented and revised
the impacts for the entire project, which includes a reduction in wetland impacts as well
as the increase in jurisdictional ditch impacts, in the attached tables. Please note there
was an error in the "Volume of Discharge (cubic yards) " in the previous submittal that
has since been corrected.
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Please contact me at [phone] if you have any questions or require additional
information.
PROJECT SUMMARY
Project Name Wilmington Beach Street Improvements Project
Project Type Municipal Road Construction
Owner / Applicant The Town of Carolina Beach
Count New Hanover
Nearest Town Carolina Beach
Waterbod Name Cape Fear/Atlantic Ocean
DWQ Basin / Sub-basin 03-06-17
Class SB
USGS Cataloging Unit 03030005
IMPACT SUMMARY
Ditch Impact (acres): 0.5259 perm./O.0108 temp.
Wetland Impact (acres): 0.880
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 1.4059 perm/0.0108 temp.
Total Ditch Impact (linear feet): 3,363 perm./27 temp.
Attachments:
Approved Agency Coordination Meeting Minutes
Supplemental Information Package submitted to USACE and DCM
$570 Application Fee
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
WILMINGTON BEACH STREET IMPROVEMENTS PROJECT
USACE/DCM AGENCY COORDINATION MEETING
S&EC JOB NO. 6253
USACE ACTION ID NO. 2007-00912-065
In attendance:
Jennifer Frye (USACE Representative)
Kim Garvey (USACE Project Manager for New Hanover County)
Linda Lewis (DWQ Coastal Stormwater)
Chad Coburn (DWQ Wilmington Regional Office)
Stephen Rynas (DCM Federal Consistency Coordinator)
Robb Mairs (DCM)
Joel Macon (Carolina Beach Mayor)
Tim Owens (Carolina Beach Town Manager)
Brian Stanberry (Carolina Beach Stormwater Superintendent)
Brian Cox (Engineering Services)
Kevin Martin (Principal, S&EC)
Sean Clark (Environmental Specialist, S&EC)
Nicole Thomson (Regulatory Specialist, S&EC)
The purpose of this meeting was to address Mr. Stephen Rynas' questions raised in a
February 18, 2008 email. This email was directly related to the September 18, 2007
submittal to the NC Division of Coastal Management to satisfy the requirements pursuant
to 15 CFR 930.58 as well as supplemental information supplied to the USACE, NC
DWQ and the NC DCM on December 5, 2007.
Issue - Mitigation
1. Proposed preservation area is approximately 48 acres of tidal marsh
a. USACE and NC DCM stated tidal marsh is not appropriate for
preservation; already protected under the DCM "Area of Environmental
Concern" rules.
b. USACE would consider proposed tidal marsh as preservation if Town
included beach as part of the preservation area and removed vehicular
access to beach; preservation would also limit development to the north
providing additional environmental protection.
c. Town stated this would not be acceptable.
2. Onsite mitigation and/or preservation demonstrated for this project
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
a. Town stated difficulties in acquiring private land containing USACE non-
riparian wetlands - legally and financially.
b. USACE needs confirmation from Town that onsite mitigation legally and
economically infeasible.
3. Town will need to increase the proposed Ecosystem Enhancement Program (EEP)
in-lieu fee payment (if onsite mitigation proven to be legally and economically
infeasible)
a. 2:1 mitigation ratio rather than proposed 1:1 mitigation ratio
b. EEP issued an acceptance letter (June 27, 2007) for 2:1 ratio for non-
riparian wetlands; attached is renewed EEP acceptance letter (dated Dec.
13, 2007).
c. Town will re-attempt to discuss purchase of large blocks of property
located on either side of Spot Lane (almost completely wetlands),
currently owned by Wilmington Beach Investment Corporation.
d. Town will get confirmation in writing, preferably in form of official
meeting minutes, from this particular land owner demonstrating
unwillingness to sell property to Town for use as wetland preservation.
e. USACE recommended including copies of letters sent to other property
owners in project area that have wetlands on their lots.
f. The meeting minutes, letters and other supporting documentation needs to
be submitted to the USACE, NC DWQ and DCM
4. Spot Lane has been removed from the project scope which has decreased the
overall wetland impacts by 0.57 acres (24,900 sq.ft.). New anticipated wetland
impacts for the proposed project will be 0.882 acres.
a. Removal of Spot Lane from project scope raises question of what happens
to Spot Lane. Does adjacent property owner gain control/ownership of
property if Town abandons Right-of-Way? Agencies prefer for Town to
abandon Right-of-Way to ease future permit requests.
b. Town will seek legal counsel to determine what happens when right of
way abandoned
c. Town will report findings to USACE, DWQ and DCM.
Issue - Avoidance & Minimization
1. Stephen Rynas wanted more in depth discussion of avoidance and minimization
efforts.
a. Town discussed removing Spot Lane from project (reduction in overall
wetland impacts)
b. Sidewalks originally proposed in East/West direction have been further
restricted to Tennesse Ave., Ocean Blvd. and Alabama Ave.;
c. Roadway width has been reduced to 18 feet of pavement (two, 9 foot
travel lanes) without curb and gutter.
Issue - Indirect and Cumulative Impacts
1. Stephen Rynas questioned damage to wetlands adjacent to roadway
a. USACE stated paving roads will not negatively affect wetlands adjacent to
roadway
b. Hydraulic equalizer pipes will not be required
Issue Stormwater
1. Town will have to comply with Coastal Stormwater Ordinances
a. Stephen Rynas would prefer stormwater approvals issued first, prior to
issuing Consistency Review Approval (applies to all Environmental
Permits, Sediment and Erosion Control Permits, etc.)
b. Linda Lewis stated treating stormwater from the pavement in R-O-W is
acceptable
c. Linda Lewis, Jennifer Frye and Stephen Rynas want to see Town
Ordinance that properties adjacent to roadway improvements (i.e. private
properties within the project area, but not part of roadway improvement
project) will be required to have on-site retention
d. USACE will make this requirement a condition of 404 Approval
e. USACE advised Town to document all positive secondary and cumulative
impacts (i.e. stormwater treatment where there was previously none, etc.)
USACE stated that project will need another 15 day public notice due to the number of
changes (i.e. mitigation, reduction of impacts, etc.); sooner USACE has information,
sooner 15 day public notice will be issued and review process will continue
Environmental Consultants, FA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
w-vw.SandEC.com
To: US Army Corps of Engineers
Wilmington Regulatory Field Office
Attn: Ms. Jennifer Frye
Post Office Box 1890
Wilmington, North Carolina 28402-1890
From: Nikki Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
NC Division of Coastal Management
Federal Consistency Coordinator
Attn: Mr. Stephen Rynas
400 Commerce Avenue
Morehead City, North Carolina 28557-2518
Re: Supplemental information for the US Army Corps of Engineers/NC Division of
Coastal Management
Wilmington Beach Street Improvements Project
Individual Permit Application
Dear Ms. Frye and Mr. Rynas:
This letter is in response to the USACE/DCM Agency Coordination Meeting
held on March 18, 2008 at the Town of Carolina Beach offices for the proposed
Wilmington Beach Street Improvements Project. The following addresses the action
items raised during the course of that meeting.
Action Items Discussed
1. Avoidance, Minimization and Mitigation
As stated in our initial Individual Permit (IP) application, the proposed road installation
site plan cannot avoid the proposed wetland and jurisdictional ditch impacts due to the
inability to move the road alignment onto lots recorded in 1913 (prior to the Clean Water
Act) that are currently and historically owned by multiple private individuals. The
wetland and jurisdictional ditch impacts proposed are necessary for the appropriate
grading of the roadway and associated shoulders.
During the March 18th meeting, the USACE and NC DCM raised the issue of
demonstrating onsite mitigation and/or preservation for the Wilmington Beach Street
Improvements Project. Our original IP application stated the difficulties in acquiring
private land containing USACE non-riparian wetlands, both legally and financially. The
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
July 30, 2008
S&EC Project # 6253
USACE Action ID No. SAW-2007-00912-065
USACE requested confirmation from the Town that onsite mitigation alternatives were
explored (i.e. purchasing property from landowners whose property is comprised mostly
of jurisdictional wetlands) and to supply the results of those discussions. We have
attached "Exhibit 13"-which is a series of letters from the Town Manager to the local
property owners to explore the possibility of purchasing their property for onsite wetland
preservation. To date, as the letters will illustrate, there has been no interest from the
local property owners to work with the Town of Carolina Beach.
Our initial Individual Permit Application proposed two forms of mitigation; payment to
the NC EEP and the preservation of a 40 plus acre, Town owned salt marsh area. Both
the USACE and the NC DCM stated that the tidal marsh was not appropriate for a
preservation site unless the Town of Carolina Beach was willing to include the beach
adjacent to the tidal marsh in the preservation area as well as removing vehicular access
to the beach. The Town of Carolina Beach stated that this would be unacceptable to the
residents of the Town.
The USACE and NC DCM stated that if the preservation of the salt marsh area, including
the beach area and the restricted vehicular access was not feasible and the onsite
preservation alternative was not feasible, then the Town of Carolina Beach would need to
increase the proposed payment into the EEP "In-lieu fee fund." We have attached a
renewed EEP acceptance letter (see "Exhibit E") in which the EEP accepts the
responsibility of up to 3.6 acres of wetland mitigation for the Wilmington Beach Street
Improvement project. The Town of Carolina Beach is willing to provide payment to EEP
for wetland mitigation at a 2:1 ratio rather than the aforementioned 1:1 ratio.
Additionally, in light of the amount of wetland impacts, the Town of Carolina Beach
voluntarily removed the request for the proposed Spot Lane (see attached "Exhibit A");
therefore, the total wetland impacts have decreased by 0.572 acres (24,900 square feet).
The new total of anticipated wetland impacts is 0.880 acres for the entire proposed
project. Additionally, in removing the proposed Spot Lane from the project the Town has
effectively reduced the potential Indirect and Cumulative Impacts associated with that
area as the lots that have access to Spot Lane are entirely comprised of wetlands.
With the removal of Spot Lane from the project scope, the USACE and NC DCM raised
the question of the legal ownership of the Town Right-of-Way (ROW). The USACE and
the NC DCM both preferred that the Town abandon the ROW to ease future permit
requests. As demonstrated in the attached "Exhibit C" from the Town's Attorney, the
Town cannot place the ROW within a conservation easement, as it would be considered
"a taking" with severe legal ramifications (i.e. potential lawsuit from adjacent property
owners).
And finally, the sidewalks that were originally proposed in an East/West direction have
been restricted to Tennessee Avenue, Ocean Boulevard and Alabama Avenue (see
"Exhibit A"). The permanent roadway impervious surface has also been reduced to 18
feet of pavement (e.g. two, 9-foot travel lanes).
2. Indirect and Cumulative Impacts
During the Agency Coordination Meeting, Mr. Stephen Rynas (DCM) raised concerns
that the proposed Wilmington Beach Street Improvements would necessitate damage to
the wetlands adjacent to the roadway. The USACE concurred with our assessment that
paving the roads would not negatively affect wetlands adjacent to the roadway.
Furthermore, it was determined that hydraulic equalizer pipes would not be necessary.
3. Stormwater
During the Agency Coordination Meeting, Mr. Stephen Rynas (DCM) raised the issue
regarding the stormwater approvals for the project. As the proposed project is within
New Hanover County (i.e. one of the 20 State recognized Coastal Counties), it will be
required to comply with the State Coastal Stormwater management program. Exhibit
"D" demonstrates the coordination between the Town of Carolina Beach and Ms. Linda
Lewis with the NC DWQ Coastal Stormwater group. During the meeting, there was
discussion of treating the stormwater runoff from the roadway within the Town ROW
(i.e. grassed swales, etc.); however, since that meeting, the Town has decided to
implement a much more stringent stormwater management plan that will collect the all
the stormwater generated from the Wilmington Beach area and discharge it into two new
stormwater treatment ponds. Ultimately, this will result in stormwater treatment for the
entire area where there previously had been none. The general stormwater information
that is being proposed and reviewed is in the attached "Exhibit D."
As part of this new municipal stormwater management system, 2 new pump stations are
being constructed. One of these pump stations necessitates additional jurisdictional ditch
impact, (see attached "Exhibit A, Inset Map 5"). We have documented the revised
impacts for the entire project in the tables below. Please note there was an error in the
"Volume of Discharge (cubic yards) " in the previous submittal that has since been
corrected:
REVISED JURISDICTIONAL DITCH IMPACT TARI.F.
Type of

Impact
Stream
Type of
Material
Impact
Area of Impact Volume of
Discharge
Number Name Impact Being Length (ft) (acres) (cubic yards)
Discharged

7 Ditch Road Fill Construction
Grade Fill 222 0.0413 66.5640
8 Ditch Road Fill Construction
Grade Fill 87 0.0095 15.3113
9 Ditch Road Fill Construction 108 0
0168 27
0769
Grade Fill . .
10 Ditch Road Fill Construction 4 0
0005 0
8059
Grade Fill . .
11 Ditch Road Fill Construction 9 0
0011 1
7729
Grade Fill . .
12 Ditch Road Fill Construction 15 0013
0 2.0952
Grade Fill .
13 Ditch Road Fill Construction 88 0.0059 9.5091
Grade Fill
14 Ditch Road Fill Construction 200 0149
0 24.0146
Grade Fill .
15 Ditch Road Fill Construction 140 0
0065 10
4762
Grade Fill . .
16 Ditch Road Fill Construction 241 0
0109 17.5677
Grade Fill .
17 Ditch Road Fill Construction 225 0104
0 16.7619
Grade Fill .
18 Ditch Road Fill Construction 206 0
0095 15.3113
Grade Fill .
21 Ditch Road Fill Construction 207 0.0426 68.6593
Grade Fill
22 Ditch Road Fill Construction 253 0545
0 87
8387
Grade Fill . .
23 Ditch Road Fill Construction 291 0
0520 83
8094
Grade Fill . .
24 Ditch Road Fill Construction 257 0
0520 83
8094
Grade Fill . .
25 Ditch Road Fill Construction 63 0
0080 12
8938
Grade Fill . .
26 Ditch Road Fill Construction 111 0178
0 28
6886
Grade Fill . .
28 Ditch Road Fill Construction 336 0
0638 102
8277
Grade Fill . .
29 Ditch Road Fill Construction 184 0
0451 72
6886
Grade Fill . .

34
Ditch Pump Construction
116
0
0615
99
1208
Station Grade Fill . .
35 Ditch Temporary Construction 17 0.0082 13.2161
Activities
36 Ditch Temporary Construction 10 0.0026 4.1905
Activities
Previously
Requested -- --- --- 3,247. 0.4644 748.4825
TOTAL
Revised 3,363 847.6033
Requested -- -- -- perm./ 0.5259 perm./ perm./ 17.4066
Total 27 temp. 0.0108 temp. temp.
* All impacts have been rounded to the nearest 1/100 of an acre
** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams to be 0.333 yards
and do not account for discharge material above this 0.333-yard assumed depth.
WETLAND IMPACT TABLE
Type of Wetland (e.g. Type of Area of Volume of
Impact Type of ,
forested marsh Material Impact
Discharge
Number Impact
herbaceous, bog, etc.) Being. )
(acres
(cubic yards) **
Dischar ed *
Estuarine Frin
e G
t
ti
47 Read Fill g ens
rue
en.
fade Fill 0.572 921.904***
1 Road Fill Estuarine Fringe Construction 0
032 51
575
Loblolly Pine Forest Grade Fill . .
2 Road Fill Estuarine Fringe Construction 0
072 116
044
Loblolly Pine Forest Grade Fill . .
3 Road Fill Estuarine Fringe Construction 0
085 136
996
Loblolly Pine Forest Grade Fill . .
4 Road Fill Estuarine Fringe Construction 0
014 22
564
Loblolly Pine Forest Grade Fill . .
5 Road Fill Estuarine Fringe Construction 016
0 25
788
Loblolly Pine Forest Grade Fill . .
Proposed
6 Road Fill

(Previously
(currently a Estuarine Fringe Construction
0
329
256
530
Impacted) utility line Loblolly Pine Forest Grade Fill . .
easement
19 Road Fill Estuarine Fringe Construction 0
049 78
974
Loblolly Pine Forest Grade Fill . .
20 Road Fill Estuarine Fringe Construction 0
058 93
480
Loblolly Pine Forest Grade Fill . .
27 Road Fill Estuarine Fringe Construction 0
046 74
139
Loblolly Pine Forest Grade Fill . .
30 Road Fill Estuarine Fringe Construction 0
025 40
293
Loblolly Pine Forest Grade Fill . .
31 Road Fill Estuarine Fringe Construction 0
030 48
352
Loblolly Pine Forest Grade Fill . .
32 Road Fill Estuarine Fringe Construction 0
049 78
974
Loblolly Pine Forest Grade Fill . .
33 Road Fill Estuarine Fringe Construction 0
075 120
879
Loblolly Pine Forest Grade Fill . .
Previously Requested Total Wetland Impact 1.452 2,340.217
REVISED Requested Total Wetland Impact 0.880 1,418.314
* All impacts have been rounded to the nearest 1/100 of an acre
** Estimated volumes are rounded up to the nearest cubic yard and assume wetlands to be 0.333 yards deep and
do not account for discharge material above this 0.333-yard assumed depth.
*** Previously, Impact 1 was identified as wetland fill for the purpose of constructing Spot Lane; as
stated earlier, Spot Lane is no longer part of this project and therefore, those proposed wetland
impacts have been removed
As a result of the significant changes in the project scope (i.e. the reduction of wetland
impact and the increased impacts to jurisdictional ditches), it is necessary to re-apply to
the NC Division of Water Quality and request a modification of.the previously approved
401 Water Quality Certification (dated January 17, 2008).
We anticipate that this has adequately addresses all the issues and concerns raised during
the March 18, 2008 Agency Coordination Meeting.
Please feel free to call me if you require any further explanation.
Sincerely,
Nicole J. Thomson
Regulatory Specialist
Attachments: Exhibit "X'- Revised Impact Maps
Exhibit "B" - Correspondence from Town of Carolina Beach to property owners
Exhibit "C" - Correspondence from Town of Carolina Beach Attorney
Exhibit "D" - General Stormwater Information
Exhibit "E" - Renewed EEP acceptance letter
Cc: Mr. Chad Coburn, DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC
28405-3845
Ms. Linda Lewis, DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC
28405-3845
Mr. Robb Mairs, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC 28405-3845
Mr. Steven H. Everhart, PhD, NC WRCS, 1721 MSC, Raleigh, NC 27699
Mr. Joel Macon, 1121 North Lake Park Blvd., Carolina Beach, NC 28428
Mr. Timothy Owens, 1121 North Lake Park Blvd., Carolina Beach, NC 28428
Mr. Brian Stanberry, 404 South Dow Road, Carolina Beach, NC 28428
Mr. Brian Cox, PE, Engineering Services, PA, P.O.Box 1849, Garner, NC 27529
EXHIBIT "A"
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EXHIBIT 44 B"
Joel Macon
Mayor
Alan Gilbert
Councilman
Jerry Johnson
Councilman
Rot .
n
TOWN OF CAROLINA BEACH
1121 N. -Lake Park Boulevard
Carolina Beach, North Carolina 28428
910 458 2978
FAX [phone]
Ti m. owens(ac? carol i nabeach. org
Dan Wilcox
Mayor Pro Tem
Pat Efird
Councilwoman
Timothy Owens
Town Manager
RECGI Y E
JUN 18 2008
ENGINEERING SERVICES, PA
June 4, 2008
Brian Cox
Engineering Services
PO Box 1849
Garner, NC 27529
Dear Mr. Cox,
The Town of Carolina Beach recently sent a letter to property owners whose land was identified
as having the potential to contain wetland in and around the Wilmington Beach Project Area.
The owners were given several options to work with the Town, however, very little interest has
been shown.
To date, the Town has not been able to come to terms or reach an agreement with regards to the
purchase of these properties. While condemnation is an option that our attorney believes is legal,
the condemnation of land for mitigation is not a practical solution for a variety of reason. At this
point, we will no longer pursue the purchase of properties for mitigation purposes in conjunction
with the Wilmington Beach Project. Attached is a copy of the letter that was sent to properties
thought to contain wetlands along with a map of those properties and the database. Thank you
for your assistance with this project. If you have further questions, please contact me at (910)
458-2996.
Sincerely.,
/
im Owens
To anager
Joel Macon
Mayor
Alan Gilbert
Councilman
Jerry Johnson
Councilman
April 23, 2008
Dear Property Owner,
2
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TOWN OF CAROLINA BEACH
1121 N. Lake Park Boulevard
Carolina Beach, North Carolina 28428
910 458 2978
FAX [phone]
Tim.owens i earolinabeach orQ
Dan Wilcox
Mayor Pro Tem
Pat Efird
Councihvoman
Timothy Owens
Tgwn Manager
The Town of Carolina Beach is in the process of seeking permits for paving and
improving drainage in the Wilmington Beach area. The initial planning has identified
several large pockets of wetlands within the existing rights-of-way in Wilmington Beach
that may have to be impacted by the new project. As part of the permit process, the
U.S. Army Corps of Engineers will require that the Town mitigate the impacts on
wetlands that the project may create. Conservation of wetlands is also a favorable
solution for the Corps in return for the impacts that this project may create.
Your property has been identified as property located in Town that may contain some
wetlands. Since the Town anticipates that wetland mitigation and/or conservation will
be a requirement of the US Army Corps of Engineers, the Town is interested in
discussing with you any opportunity that may exist to: 1.) Donate your property to the
Town for a tax credit, 2.) Place the wetland portion of your property into a conservation
easement, 3.) Work with you to plan the future development of your property so that it
has limited impact on existing wetlands, 4.) Work with other agencies to seek grant
opportunities to purchase your property, or 5.) Purchase your property to conserve the
wetlands.
If you are interested in talking to the Town about your opportunities, please contact me
at (910) 458 - 2994.
Sincerely,
Timot Owens
Town Manager
cc: Mayor and Town Council
Joel Macon
Mayor
Alan Gilbert
Councilman
Jerry Johnson
Councilman
June 18, 2008
Brian Cox
Engineering Services
PO Box 1849
Garner, NC 27529
Dear Mr. Cox:
c
TOWN OF CAROLINA BEACH
1121 N: Lake Park Boulevard
Carolina Beach, North Carolina 28428
910 458 2978
FAX [phone]
Tim. owens cAcarolinabeach org
Dan Wilcox
Mayor Pro Tem
Pat Efird
Councilwoman
Timothy Owens
Town Manager
JUN 2 cuud
ENGINEERING SEW10ty
Last week, I met with one of the partners of Wilmington Beach Investment Corporation to
discuss the Wilmington beach project. Mr. Tucker received one of the letters that the Town sent
out regarding the possible purchase or donation of his property around Spot Lane.
During our meeting, I told Mr. Tucker that the Town had no intentions of paving or providing
water and sewer along the one block section of Spot Lane that the Corp recommended be
removed from the project. Mr. Tucker accepted the Town's decision and understood the reason
for it. He was not interested in selling or donating the land adjacent to Spot Lane to the Town of
Carolina Beach.
Sinc y,
a-7
im t W. Owens
Tow Manager
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EXHIBIT 44 C"
Joel Macon
Mayor
Alan Gilbert
Councilman
Jerry Johnson
Councilman
TOWN OF CAROLINA BEACH
1121 N. Lake Park Boulevard
Carolina Beach, North Carolina 28428
910 458 2978
FAX [phone]
Ti m. owen s (a),carol i n abeach. o rQ
June 4, 2008
Brian Cox
Engineering Services
PO Box 1849
Garner, NC 27529
Dear Mr. Cox,
Dan Wilcox
Mayor Pro Tem
Pat Efird
Councilwoman
Timothy Owens
Town Manager
RECEIVED
JUN 18 2008
ENGINEERING SERVICES, PA
Per our conversation, below is a list of items that I have discussed with Attorney Steve Coggins:
1) Can the Town condemn land for the purposes of conserving wetlands or constructing
wetlands to offset impacts to wetlands in the Wilmington Beach Project?
Answer: The attorney and I both agree that this probably can legally be done. However, it is
impractical for the Town to pursue this avenue.
2) Does the requirement by DWQ for the storing of water in swales along existing ROW's
create an attractive nuisance or other forms of liability for the Town?
Answer: The answer to this question is a little more complicated. The only answer that can
be given at this time is "maybe". The case law on this matter has changed somewhat over the
years and the answer can only be derived based on an abundance of factors.
3) Can the Town close Spot Lane and place a conservation easement on it? This would restrict
access to the lots that now front a public ROW.
Answer: The attorney and I believe that this could constitute a taking.
I hope this gives some clarity to some of the questions that have arisen from the Wilmington Beach
permitting process. If you have any questions, please contact me at [phone].
S' r ly,
im W. Owens
To Manager
EXHIBIT 44 D"
July 18, 2008
E N G I N E E R I N G
S E R V I C E S, P A
518 VILLAGE COURT
P.O. Box 1849
GARNER, NC 27529
¦
TELEPHONE:
919.662.7272
FAX:
919.662.7320
Ms. Nikki Thomson
Soil & Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC 27614
RE: Town of Carolina Beach
Wilmington Beach Street Improvements Project
Engineering Services Project No. 05022
Nikki,
We have completed the Wilmington Beach Street Improvements project
design. A scoping meeting is in the process of being scheduled with the
Wilmington Regional Office. The plan is to submit this project for an express
permit review after the scheduled meeting.
Attached is the general stormwater information and narrative of the project.
If you have any questions, please do not hesitate to call.
Sincerely,
ENGINEERING SERVICES, P.A.
Brian G. Cox, P.E.
enc:
"A COMMITMENT TO
EXCELLENCE"
Wilmington Beach Street Improvements
Project Narrative
General Information
Project Name: Wilmington Beach Street Improvements Project
Location: Carolina Beach, New Hanover County
Ownership: Town of Carolina Beach
Project Area: 33.3 acres
Disturbed Acres: 32 acres
Wetland Acres: 0.9 acres
Stormwater Information Drainage Area #1
River Basin: Cape Fear
Receiving Stream: Cape Fear River & Carolina Beach Yacht Basin
Index Number: SB 18-87-31.2
Stormwater Design: Low Density Municipal
Existing BUA: 170,667 sf
Proposed BUA: 203,971 sf
% Impervious Surface: 25%
Number of Treatment Systems: l Wet Detention Pond
Stormwater Information Drainage Area #2
River Basin: Cape Fear
Receiving Stream: Cape Fear River & Atlantic Ocean
Index Number: SB 99-(3)
Stormwater Design: Low Density Municipal
Existing BUA: 100,050 sf
Proposed BUA: 157,263 sf
% Impervious Surface: 23%
Number of Treatment Systems: l Wet Detention Pond
The purpose of the Wilmington Beach Street Improvements project is to pave all of the
unpaved dirt and gravel streets in Wilmington Beach area in the Town of Carolina Beach.
The streets scheduled for paving include Tennessee Avenue, North Carolina Avenue,
South Carolina Avenue, Texas Avenue, Croaker Lane, Spot Lane, Pinfish Lane,
Mackerel Lane, Bonito Lane, Swordfish Lane, Snapper Lane and Bowfin Lane. The
improvements to the streets will include 18 feet of asphalt pavement, improving the storm
drainage and sidewalks along Tennessee Avenue, Ocean Boulevard and Alabama
Avenue. Water and sanitary sewer already exist on all of the proposed areas. All work
will take place inside of existing town right of ways or easements.
Files at the State Historic Preservation Office were researched. No documented
archaeological or historical sites are located within the project area.
The stormwater treatment objective of this project is to capture and treat the first 1.5-
inches of rainfall within the project area. The project area consists of two separate
drainage areas. Drainage Area #1 is the section of Wilmington Beach north of Ocean
Boulevard. The stormwater pump station for Drainage Area #1 is referred to as the
Greenville Stormwater Pump Station (S)NPS). Drainage Area #2 is the section of
Wilmington Beach south of Ocean Boulevard. The stormwater pump station for
Drainage Area #2 is referred to as the Texas Stormwater Pump Station. Both drainage
areas consist of a series of pipes and ditches to convey the stormwater to the appropriate
stormwater pump stations.
At the Greenville SWPS, the first 1.5-inches of rain is collected and held in the system of
ditches and pipes. The water is held in the ditches and pipes by a weir set to a specific
elevation. This elevation was determined by running different scenarios in a very
complex stormwater-modeling program. Once the pump is shutoff, the water is allowed
to flow over the weir along its current flow path. A 5,000 GPM pump is triggered to turn
on with a float switch and will run until the preset runtime has been reached. A low
liquid level float will trigger the pump to shut off if the water level becomes too low. If
the pump does not run for the duration of the preset time, then the pump will turn on
when the water reaches a predetermined elevation. The pump will continue this cycle
until the preset time is reached. Once the preset runtime is reached, the pump will be
"locked out" and not allowed to run for 48-hours. This will allow for the necessary
treatment time in the wet detention pond located on the western end of Greenville
Avenue. After the 48-hours of "lock out", the treatment cycle will be reset.
At the Texas SWPS, the first 1.5-inches of rain is collected and held in a pond. The
water is held in the pond by a weir set to a specific elevation. This elevation was
determined by running different scenarios in a very complex stormwater-modeling
program. Once the pump is shutoff, the water is allowed to flow over the weir along its
current flow path. A 5,000 GPM pump is triggered to turn on with a float switch and will
run until the preset runtime has been reached. A low liquid level float will trigger the
pump to shut off if the water level becomes too low. If the pump does not run for the
duration of the preset time, then the pump will turn on when the water reaches a
predetermined elevation. The pump will continue this cycle until the preset time is
reached. Once the preset runtime is reached, the pump will be "locked out" and not
allowed to run for 48-hours. This will allow for the necessary treatment time in the wet
detention pond located on the western end of Alabama Avenue. After the 48-hours of
"lock out", the treatment cycle will be reset.
The runoff volume for both stormwater sites was determined using the Simple Method as
shown in section 3.3.1 Simple Method of the NCDENR Stormwater BMP Manual. A
40-percent maximum impervious area build out was assumed. Drainage Area #1 is
approximately 67 acres and Drainage Area #2 is approximately 74 acres. The runoff
volume to be treated for Drainage Area #1 is approximately 968,656 gallons, and the
runoff volume to be treated for Drainage Area #2 is approximately 1,235,871 gallons.
Each pump station pumps a specified number of gallons to the forbay of their own wet
detention ponds located on the western ends of Greenville Avenue and Alabama Avenue.
The wet detention ponds are each sized according to their required treatment volumes and
discharge into a ditch that is tributary to the Cape Fear River.
The Greenville Avenue and Alabama Avenue wet detention ponds are designed to accept
the first 1.5 inches of runoff pumped from the stormwater pump stations. Both ponds are
designed in accordance with the NCDENR Stormwater BMP Manual to achieve 85%
TSS pollutant removal efficiency for the coastal region.
This project is currently under review by the US Corp of Engineers as an individual
permit.
EXHIBIT 44 E"
eosstem
PROGRAM
June 11, 2008
Bill Clark
Town of Carolina Beach
1121 North Lake Park Blvd
Carolina Beach, NC 28428 Expiration of Acceptance: December 11, 2008
Project: Wilmington Beach Street Improvement County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
Issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer II
Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Cape 03030007 0 0 0 0 1.80 0 0 0
Fear
Credits Cape 03030007 0 0 0 0 3.60 0 0 0
Fear
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Willis . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ. Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
Nicole Thomson, agent
File AVA
rZ"J70rGGI5... E ... PYOt-" oar ftat& MUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net