19860301 Ver 1_COMPLETE FILE_19860818

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
December 23, 1986
SUBJECT: File No. SAWC086-N-065-0405
Mr. W. Leslie Hall, Jr.
McKim and Creed Engineers, P.A.
243 North Front Street
Wilmington, North Carolina 28401
Dear Mr. Hall:
e -IV 1E n,
OD" 2 9 198"
WATER QUALITY SECT i1,1
Reference your letter of November 26, 1986, regarding plans
for the second phase of construction on the 17th Street Extension,
Wilmington, New Hanover County, North Carolina. This work
includes crossing two wetland areas located above the headwaters
of Doctors Branch.
For the purposes of Section 10 of the River and Harbor Act of
1899 and Section 404 of the Clean Water Act, Title 33, Code of
Federal Regulations (CFR), Part 330 lists nationwide permits which
were issued by publication in the Federal Register on July 22,
1982. Authorization was provided for minor road crossing fills
including all attendant features both temporary and permanent that
are part of a single and complete project for crossing of a
nontidal waterbody, provided the crossing is culverted, bridged,
or otherwise designed to prevent the restriction of and to
withstand expected high flows and discharges into any wetlands
adjacent to the waterbody and does not extend beyond 100 feet on
either side of the ordinary high water elevation contour of the
waterbody. A "minor road crossing" is a crossing that involves
the discharge of less than 200 cubic yards of fill material below
the elevation of ordinary high water.
For the nationwide permit to be valid, the following special
conditions must be followed:
a. The work must not jeopardize a threatened or endangered
species as identified under the Endangered Species Act, or destroy
or adversely modify the cultural habitat of such species.

...
-2-
b. The activity must not significantly disrupt the movement
of those species of aquatic life indigenous to the waterbody.
c. The fill material will be free from toxic pollutants.
d. The fill will be properly maintained.
The District Engineer has determined that environmental
impacts of this second phase of 17th Street Extension should be
minimal. The work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions.
Also, Special Condition II.b. of the Department of the Army
permit, issued to the City of Wilmington on September 3, 1986,
for the first phase of the 17th Street extension, requires the
development of a comprehensive mitigation plan to minimize and
compensate for adverse environmental impacts which have occurred
and are expected to occur. Any further roadway extension should
be supported by such a plan as alternatives become more limited as
the roadway is further extended.
If you have questions, please do not hesitate to contact
Ms. Alison Arnold, Regulatory Branch, telephone [phone].
Sincerely,
Copies Furnished:
Charles W. Hollis
Chief, Regulatory Branch
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
1mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
r-?
September 23, 1986
Mr. Charles Hollis
Chief, Regulatory Branch
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
Subject: Public Notices
City of Wilmington 065-0405
Edward Curtin 015-0399
Hubert White 027-0449
New Hanover, Camden, and
Currituck Counties
Dear Mr. Hollis:
With regard to the projects as listed in the Subject; these
projects will not require a 401 Certification since they are being
considered after-the-fact. We do not have any objection on water
quality as to the granting of the permits.
Sincerely,
Original Signed By
WILLIAM C. ?AILLS
William C. Mills
WCM/dkb
cc: Stephen Benton, DCM

J* DIVISION OF ENVIRONMENTAL MANAGEMENT

MEMORANDUM
C ?, /
p R G C E 1 y E D
DATE: August 19, 1986
TO: Bill Mills AUG 2 1 1986
Operations Branch
WAltn QUALITY SECTION
FROM: ;;??-??
David. H. Cotton(W' OPERATIONS BRANCH
Wilmington Regional Office

THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
City of Wilmington - 17th Street Extension
New Hanover County
The applicant has filled approximately 2.5 acres of wetlands adjacent
to Doctors Branch, classified C-SW. The project should have had a 401
certification prior to the placement of the fill. At this point in
time the only concerns this office has are:
1. That the fill used was clean upland soil free from any toxic
material.
2. That the side slopes are stabilized to prevent erosion.
DHC:kc
cc: DCM - Stephen Benton
WiRO
CF

1 *0
5
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC086-N-065-0405
PUBLIC NOTICE
u a rN
J U L 21 1936
COASTAL RESOURCES COMM.
July 17, 1986
THE CITY OF WILMINGTON, Post Office Box 1810, Wilmington, North Carolina
28402, represented by MCKIM AND CREED ENGINEERS, 243 North Front Street,
Wilmington, North Carolina 28401, has applied for an after-the-fact
Department of the Army permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN
WETLANDS OF DOCTORS BRANCH ASSOCIATED WITH THE CONSTRUCTION OF APPROXIMATELY
ONE-HALF MILE OF 17TH STREET EXTENSION, WEST OF SOUTH COLLEGE ROAD,
Wilmington, New Hanover County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during onsite visits by representatives
of the Corps of Engineers. Plans submitted with the application show the
construction of a two lane roadway extending approximately 2,500 feet west
from South College Road. The roadway spans an approximate 670-foot-wide
wetland area, and fill materials have been placed to a width of 55 feet.
About 3,500 cubic yards of organic soils were excavated and replaced with
material suitable to support the roadway construction. The excavated material
was initially placed in approximately 2.5 acres of wetlands south of the
roadway alignment, but this area is being restored and the material relocated
to high ground for permanent retention. The completed work is the beginning
of a 2-1/2 mile, four lane divided major thoroughfare between South College
Road and Shipyard Boulevard, the extension of 17th Street. The roadway is to
provide access to residential development; and eventually, it will contribute
to improved vehicular movement in southern New Hanover County. Plans showing
the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.

This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
*"*
-3-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
August 4, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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MEMORANDUM
TO: Bill Mills
FROM: Steve Bentoff?9
SUBJECT: Consistency Review Project
The following project proposal is being reviewed for consistency
with the North Carolina Coastal Management Program.
Identifying No. ,t,
Project:
Applicant: (' rTl D? ?.J,cvhw?h??
DEM Reviewer sent to:r K?_ ?.r?r L?« S
Response date requested:
Consistency Response Deadline: D 7- Co
RECEIVED
A 0 0 0 8 086
WMER OUAUTY SECTION,
OPERATiONS BRANCH
?O
' q A3
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC086-N-065-0405
July 17, 1986
PUBLIC NOTICE
THE CITY OF WILMINGTON, Post Office Box 1810, Wilmington, North Carolina
28402, represented by MCRIM AND CREED ENGINEERS, 243 North Front Street,
Wilmington, North Carolina 28401, has applied for an after-the-fact
Department of the Army permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN
WETLANDS OF DOCTORS BRANCH ASSOCIATED WITH THE CONSTRUCTION OF APPROXIMATELY
ONE-HALF MILE OF 17TH STREET EXTENSION, WEST OF SOUTH COLLEGE ROAD,
Wilmington, New Hanover County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during onsite visits by representatives
of the Corps of Engineers. Plans submitted with the application show the
construction of a two lane roadway extending approximately 2,500 feet west
from South College Road. The roadway spans an approximate 670-foot-wide
wetland area, and fill materials have been placed to a width of 55 feet.
About 3,500 cubic yards of organic soils were excavated and replaced with
material suitable to support the roadway construction. The excavated material
was initially placed in approximately 2.5 acres of wetlands south of the
roadway alignment, but this area is being restored and the material relocated
to high ground for permanent retention. The completed work is the beginning
of a 2-1/2 mile, four lane divided major thoroughfare between South College
Road and Shipyard Boulevard, the extension of 17th Street. The roadway is to
provide access to residential development; and eventually, it will contribute
to improved vehicular movement in southern New Hanover County. Plans showing
the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.

-,_- -. ----2---
. This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended. use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
-3-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
August 4, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
e-,
- -- - - - - - - --- - - - - - - -
17th STREET EXTENSION

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