R-0536

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State of North Carolina SEP 11 1991
Department of Environment, Health, and Natu, U`a?r-nr-
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Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
September 10, 1991
Colonel Walter S. Tulloch
District Engineer
Wilmington District Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
Dear Colonel Tulloch:
Roger N. Schecter
Director
R E-
4 i._ _
SEP 1991
The State of North Carolina has completed its federal consistency
review of Corps Public Notice number Action ID 199100907. The notice
describes a proposal by the NC Department of Transportation to place fill
material in wetlands of Hewlett's and Mott Creeks associated with widening
NC Highway 132 between US Highway 421 and SR 1101, Wilmington, New Hanover
County, North Carolina.
We understand. that the proposed activity has been modified to include
mitigation of the unavoidable loss of 11.4 acres of pocosin wetland by
debiting the Pridgen Flats Pocosin Mitigation Bank at 2:1. We also
understand that the Pridgen Flats Pocosin Mitigation Bank will be developed
on a 346.2 acre conservation easement established on a Sampson County farm
that reverted to Farmer's Home Administration ownership after failure of
the farming operations. The mitigation bank will be created by restoration
of the pocosin wetlands on the site based on a plan developed by NC DOT,
the US Fish and Wildlife Service, and NC Wildlife Resources Commission.
Finally, we understand that no red-cockaded woodpecker cavity trees were
found within one half mile of the proposed project during a survey
conducted in May and June of 1991.
Based upon our review, we agree with the applicant's certification
that the proposed project, as modified, is consistent with the North
Carolina Coastal Manag-ement Program. The NC Division of Environmental
Health requests that the applicant contact Mr. Keith Oates, Mosquito
Control Engineer at [phone] to assure that the highway construction
does not unnecessarily increase mosquito problems near human population
centers.
P.O. Box 27657, Raleigh, North Carolina 27611.7687 Telephone [phone]
Tulloch Letter
September 10, 1991
Page 2
If you have any questions about our findings, understandings, or
requests listed above, please contact Mr. Steve Benton, Division of Coastal
Management, at [phone].
Sincerely,
?,- Roger N. Schecter
i.
cc: Jim Herstine, Division of Coastal Management, Wilmington
Dennis Stewart, Wildlife Resources Commission
Richard Rowe, Division of Environmental Health
Preston Howard, Division of Environmental Management
John Dorney, Division of Environmental Management
Larry Goode, Division of Highways
Frank Boteler, Division of Parks and Recreation

DEPARTMENT OF THE ARMY PERMIT
N.C. Department of Transportation
Post Office Box 25201
Raleigh, North'- Carolina °27611-5201
Permittee
Permit No. Action ID. 199100907
Issuing Office CESAW-CO-E
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To place fill material in wetlands adjacent to Hewlett's and Mott
Creeks, associated with widening North Carolina Highway 132.
Project Location:
Wilmington, New Hanover County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1994 If you find that you need
more time to complete the a!athorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any. previously-unknown historic or archeological remains while. accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places. _
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CPR 325 (Appendix A))
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e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
N.C. DEPARTMENT OF TRANSPORTATION, DR. L. R. GOODE
If (PER TEE) (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
S IC ENGINEER) (DATE)
f?ATER TULLOCH, COLONEL
MRCE T. BURCH
ki'EXECUTIVE ASS1STOT
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMEW PRINTING OFFICE: 1988 - 717.425
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SPECIAL CONDITIONS
a. The Pridgen Flats Pocosin Mitigation Bank will be debited at a 2 to 1
ratio for the loss of 11.4 acres of pocosin habitat.
b. Construction will be conducted during times of minimum biological
activity, September through April, to minimize adverse impacts to aquatic
resources.
C. Sedimentation and erosion control measures will be carefully
implemented and monitored to protect aquatic resources in Hewlett's and Mott
Creeks. Silt fences and other erosion controls will be in place before any
construction commences in wetlands.
d. All fill materials will be obtained from a high ground source and will
be clean and free of any pollutants except in trace quantities.
e. Side slopes will be stabilized with vegetation as quickly as possible.
f. 'The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the.turbidity in the
waterbody is 25 NTU's or less (Class SA) or 50 NTU's or less (Class C) are not
considered significant.

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WETLAND MITIGATION SITE SUCCESS FORM
APPLICANT/PROJECT NAME :
NC DOT Hwy 132 Widening
• DEM #: WQC#: MAP #:
91535 2578
• COUNTY:
New Hanover
• LOCATION OF MITIGATION SITE (LAT. AND LONG.)
• DIRECTIONS TO MITIGATION SITE:
Pridgen Flats
• ACREAGE AND TYPE OF WETLAND IMPACTED:
11.4--pocosin
• ACREAGE AND TYPE OF WETLAND MITIGATED:
22.8--pocosin (Pridgen Flats)
• DESCRIPTION OF MITIGATION(IN FILE):
none
• DESCRIPTION OF VEGETATION(IN FILE):
none
• SUCCESS CRITERIA STATED(if any):
none
• WHAT IS THE PROJECT STATUS?(mark one):
RESTORATION, ENHANCEMENT, CREATION, PRESERVATION
• MONITORING PLAN:
none
• WHICH REGULATORY AGENCIES ARE INVOLVED?:
DEM, COE, USFWS
• TYPE OF DEVELOPMENT(mark the ones that apply):
RURAL, URBAN, PUIBILIC, PRIVATE
FIELD INFORMATION
• DESCRIPTION OF VEGETATION(AT SITE):
• SURFACE WATER LEVEL OBSERVATIONS:
• SURFACE AND GROUNDWATER RELATIONSHIPS:
• HAVE MITIGATION REQUIREMENTS BEEN MET?:
0 DESCRIPTION OF SOIL SAMPLE TAKEN:
NORTH CAROLINA
New Hanover Count
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to North Carolina Department of Transportation pursuant to an
application filed on the 18th day of January, 1991 to widen US
132 from US 421 to Shipyard Boulevard.
The Application provides adequate assurance that the
discharge of fill material into the waters of Hewett's and Motts
Creek and nearby wetlands in conjunction with the proposed road
widening-in New Hanover County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306,-307of PL
92-5.00 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted. in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
(Class SA) or 50 NTU's or less (Class C) are not.
considered significant).
2. That silt fences and other erosion controls be in
place before any construction in the wetlands.
3. All fill must be from a clean upland source, free
of toxic material.
4. That side slopes be stabilized with vegetation as
soon as possible.
5. That the pocosin mitigation bank be credited for
the 11.4 acres of fill at a 2:1 acreage ratio or a
1:1 HEP ratio following procedures used in the
Company Swamp mitigation bank in Martin County.
Violations of any condition herein set forth shall result in
revocation of this Certification.
??Nr OFF
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Colonel Walter S. Tulloch
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
Dear Colonel Tulloch:
September 5, 1991
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Reference is made to Public Notice ID. 199100907., dated March 14, 1991. The
U.S. Fish and Wildlife Service (Service) has previously reviewed the
application by the North Carolina Department of Transportation (Department)
for a Department of the Army (Corps) permit to place fill material in
wetlands in and adjacent to Hewlett's and Mott Creeks for the widening of
North Carolina Highway 132 in New Hanover County, North Carolina. This
supplements the Service's report of April 15, 1991 and is submitted in
accordance with provisions of the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661 et seq.) and Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543).
In the Service's April 15, 1991, report we recommended against permit
issuance until the Department of Transportation formally entered into a
mitigation banking agreement for pocosin wetlands. The Service also had
concerns over endangered species impacts and the potential for impacts to
forested wetlands along Hewlett's and Mott Creeks that were not addressed in
the Public Notice.
During a meeting on August 27, 1991, the Department presented the following
mitigation for Service consideration: debiting the 11.4 acres of pocosin
wetland losses from the Pridgen Flats Mitigation Bank at a 2:1 ratio
(acreage). A copy of a Department June 24, 1991 memorandum indicated that
formal surveys were completed for endangered red-cockaded woodpecker and no
active or inactive woodpecker cavity trees were found. Subsequent
correspondance with the National Marine Fisheries service indicates that
minimal effects on shortnosed sturgeon are expected.
The Service has also learned that the additional wetland crossings
identified in our April 15, 1991, report are permitted by the Corps under
the provisions of nationwide general permits. The Service strongly believes
that all such crossings are an integral part of the entire highway project
and should be included in the total impact. At this time, however, we will
not contest the Corps' regulatory decision in this particular case.
The Service and the Department have made significant progress in recent
weeks toward the development of a restoration and monitoring plan for the
Pridgen Flats Pocosin Mitigation Bank. Exact provisions of the Pridgen
Flats Pocosin Mitigation Banking Agreement were reached by the Service and
the Department at a meeting on August 27, 1991, but we have yet to formalize
and officially sign the mitigation banking agreement. We expect formal
agreement within a few weeks. In view of the Department's urgent need to
let the contract for this project, we are formalizing our recommendations
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now rather than waiting until the agreement is signed. We, thus, believe it
is essential that our recommended conditions be made part of any permit
issued.
The Service appreciates the applicant's efforts to provide mitigation for
the project's unavoidable impacts to wetlands, and we find the proposed
mitigation plan for this project acceptable provided the following
conditions are made a part of and included in the Department of Army permit
issued:
1) The Pridgen Flats Pocosin Mitigation Bank will be debited at a 2:1
ratio for the loss of 11.4 acres of pocosin habitat;
2) Construction shall be conducted during times of minimum biological
activity, September through April, to minimize adverse impacts to
aquatic resources;
3) Sedimentation and erosion control measures shall be carefully
implemented and monitored to protect aquatic resources in Hewlett's
and Mott Creeks.
We appreciate the opportunity to provide these comments. Please advise us
of any action taken by the Wilmington District, Army Corps of Engineers on
the project.
Sincerely, /
L.R. Mike Gantt
Supervisor
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STATE OF NORTH CARO+
DEPARTMENT OF TRANSPORTA
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
September 4, 1991
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina, 28402-5201
ATTENTION: Regulatory Branch
Dear Sir:
DIVISION OF HIGHWAYS
WILLIAM G. MARLEY, JR., P.E.
STATE HIGHWAY ADMINISTRATOR
SUBJECT: New Hanover County - NC 132 Widening from US 421 to
Shipyard Boulevard near Wilmington; (T.I.P. R-0536)
State Project No. 9.8039045, DOA Action ID No.
199100907
The North Carolina Department of Transportation applied
for a permit for the subject project on March 6, 1991. In
response to questions raised by DOA, National Marine
Fisheries service (NMFS), and US Fish and wildlife service
(FWS), we have revised the permit application to include
these concerns. NMFS and FWS had asked that the permit
drawings be revised and clarified to depict wetland impacts
and stream crossings at Hewlett's and Mott Creeks. The
attached drawings illustrate these two areas (Sites I and
VII).
FWS had asked that site reviews be conducted to assess
impacts to threatened and endangered species potentially
occurring in New Hanover County. These reviews have been
conducted by NCDOT staff biologists, and we have concluded
that none of the seven species listed occur in the project
area. Additionally, NMFS and DOA were contacted to research
impacts to the shortnose sturgeon (Acipenser brevirostrum),
and we were notified that this species would not occur in the
two stream systems involved in this project. No impacts to
threatened or endangered species are anticipated.
M ro
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An Equal Opportunity/Affirmative Action Employer

Both NMFS and FWS had requested that details of NCDOT's
pocosin mitigation bank be finalized before allowing impacts
to pocosin wetlands. Since that time, planting and
monitoring plans for the Pridgen Flats Pocosin Mitigation
Bank have been discussed with FWS. NCDOT proposes to debit
22.8 acres from this bank to mitigate the 11.4 acres of
pocosin to be impacted by this project. This represents a
2:1 mitigation ratio. An additional 0.06 acres of bottomland
hardwoods will be debited from the Company Swamp Mitigation
Bank, which represents a.2:1 ratio for non-pocosin impacts.
The cover letter provided with the March 6, 1991 permit
application details the avoidance measures considered to
minimize wetland impacts. The project, as proposed,
represents best efforts to protect the local environment
while providing the level of service necessary to upgrade the
capacity and safety of NC 132.
WE WERE ADVISED VERBALLY BY YOUR OFFICE THAT WE WOULD BE
GETTING THE PERMIT FOR THIS PROJECT ON TUESDAY, SEPTEMBER 10,
1991, IN ORDER TO MEET OUR CURRENT CONSTRUCTION SCHEDULE.
PLEASE ADVISE US IF WE CAN STILL EXPECT THE PERMIT FOR THIS
PROJECT ON THAT DATE.
If you have any further questions regarding this
project, please contact Cynthia Bell at [phone].
Sincerely,
L.R. Goode, Ph.D.,
Director, Programs,
cc: Ms. Mike Gantt, USFWS
P. E.
Policy & Budget
Mr. Larry Hardy, NMFS
Mr. John Parker, DCM, DEHNR
?9'r. John Dorney, DEM, DEHNR
Mr. Dennis Pipkin, P.E., Planning and Environmental
Mr. Kelly Barger, P.E., Project Management Unit
Mr. Don Morton, P.E., Highway Design
Mr. A.L. Hankins, P.E., Hydraulics
Mr. John Smith, P.E., Structure Design
Mr. D.J. Bowers, P.E., Division 3 Engineer
Mr. N.L. Graf, P.E., FHWA
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State of North Carolina `` J 1y91
Department of Environment, Health, and Natu- uL-0>v?p_
Division of Coastal Management
225 North McDowell Street 0 Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
September 10, 1991 UC??
SEP 1991
ch R? ,, D
Colonel Walter S. Tulloch WATER QUALITY
C%J
District Engineer ` planning Branch
Wilmington District Army Corps of Engineers
PO Box 1890 ?8? 9 G ?2
Wilmington, NC 28402-1890
Dear Colonel Tulloch:
Roger N. Schecter
Director
The State of North Carolina has completed its federal consistency
review of Corps Public Notice number Action ID. 199100907. The notice
describes a proposal by the NC Department of Transportation to place fill
material in wetlands of Hewlett's and Mott Creeks associated with widening
NC Highway 132 between US Highway 421 and SR 1101, Wilmington, New Hanover
County, North Carolina.
We understand. that the proposed activity has been modified to include
mitigation of the unavoidable loss of 11.4 acres of pocosin wetland by
debiting the Pridgen Flats Pocosin Mitigation Bank at 2:1. We also
understand that the Pridgen Flats Pocosin Mitigation Bank will be developed
on a 346.2 acre conservation easement established on a Sampson County farm
that reverted to Farmer's Home Administration ownership after failure of
the farming operations. The mitigation bank will be created by restoration
of the pocosin wetlands on the site based on a plan developed by NC DOT,
the US Fish and Wildlife Service, and NC Wildlife Resources Commission.
Finally, we understand that no red-cockaded woodpecker cavity trees were
found within one half mile of the proposed project during a survey
conducted in May and June of 1991.
Based upon our review, we agree with the applicant's certification
that the proposed project, as modified, is consistent with the North
Carolina Coastal Management Program. The NC Division of Environmental
Health requests that the applicant contact Mr. Keith Oates, Mosquito
Control Engineer at [phone] to assure that the highway construction
does not unnecessarily increase mosquito problems near human population
centers.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
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JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
Division of Coastal Management
Department of Environment, Health
and Natural Resources
P.O. Box 27687
Raleigh, NC, 27611
ATTENTION: Mr. John Parker
Dear Sir:
PC- CEI ED
Wll"I naton Regional offic.,
hi= vl
SUBJECT: New Hanover County - widening of NIC: 132 fr,?:, US 421
to Shipyard Boulevard near Wilmington (R-0536)
The North Carolina. Department of Transportation proposes
to improve NC 132 (South College Road) from US 421 to ,
Shipyard Boulevard (SR 1101). The 3.8 mile corridor will be
widened from a two-lane roadway to a four-lane, median
divided highway within the existing 200-foot right-of-way.
The proposed project crosses two small creeks \-,lh ch
represent well-developed drainage networks. Hewlett`s Creek,
a three mile long continuous, slow moving stream, is
classified by the NC. Division of Environniiental management
(DEM) as SA tidal saltwaters. iI4ott Creek, a two mile long
intermittent stream with f Iuctuat s?a -??at.ei f lov'7, i
-r, ]-;\+ t.]t 111 l;e C:J: <?."l-: ; iss c.l
class i vied as C. A.v?C..ip \-\1,7&.t.&17
these streams are CU1verteu, and no 1 1 . C yF= i.1
proposed, for this project..
t;etlands taking: a._ e as.sI, i 2 L-.t-.d with,
ali.d r is e
blackwater streams as, well a:; on strips: of pc;ec_:w•J_i1
f .i s lying to t!.?e east of the exis•tin roaat??o 1,, Str"eai,,,a?. WC o ?..
takings will be bank-to-bane:. Pc:reage o. pc;cc.-.li? a ?c
flatwoods tar>i.i1aS :_ ?.e:? 11
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
January 10, 1991
q/ot-14
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JAN 1991
WATEP, gJAU1Y
NAf%0kf,'9 af4nch
DIVISION OF HIGHWAYS
WILLIAM G. MARLEY, JR., P.E.
STATE HIGHWAY ADMINISTRATOR
An Equal Opportunity /Affirmative Action Employer

of 100 feet (range 50-150 feet). Wetland takings will total
approximately 11.4 acres of pososin. Since artificial
establishment of a functioning pocosin system is not
feasible, mitigation will require procurement and restoration
of existing pocosin habitat at an alternate site. NCDOT is
currently conducting a search for a regional pocosin bank for
mitigation purposes involved in existing and future permit
applications. It is expected that a 346-acre site in Sampson
county will be at least partly restored in accordance with
agreements with the US Fish and Wildlife Service in the near
future, possibly by June, 1991. We would propose to debit
the 11.4 acres of pocosin involved with this project from
this wetland bank.

HNR
Mr. W. M. Ingrain, P. E. , Project Mc^xilag°?1".e;?± Unit
Mr. Don Morten, P.E. , L",, e s i _., Services
Mr. A.L. Hankins, F.E. , Hy.?
I,r. John Sr„it1 P.E., Strct" re %
Mr. D.J. Eowers, P.E. , DiviE.icn -31
Mr. Dennis Pippin, P.E., Environriter±tai. Ui =r_i.
Mr. N.L. Graf, P.E. , F-H A
Mr. W.D. Johnson, Roadside Enviror.r?ie ,tal
Mr. Jimmy Lee, Eridge ',maintenance
The Final Negative Declaration for this project was
issued on May 7, 1979, and a Re-evaluation was issued on June
12, 1989. Application is hereby made for a LAMA Permit and
State Dredge and Fill Permit as required for major
developments. Other permits required will include individ_,,al
DOA permits under Section 10 and Section 404 of the Clean
Water Act. Also, a request for 401 Water Quality
Certification b the orth Carolina Divas = rnvirenn"?ent«I
Manacre,ment is hereby r3.? S t t.a 1 of file -1:D Fi-'_
application to DOA will be acc:arr,pl i s%ec ?_: c c y
letter to the Corps of Engineers.
If you have any questions, please contact Dei"_ i?-
at [phone].
Sincerely,
L.R. Goode, Ph.D., F.E.
Director, Programs, Policy & Eudget
cc: Jeff Richter, USCOE
Ir. Bill Hills, DEI?;, DE

1000N - AdA0f00
'10N - ', . ? J {?•.k'\Ix-J ,
sec.,, ~.i ? f •k1P
PER,mIT TO EXCAVATE AND/OR FILL WA8 QUALITY CERTIFICATION
EASEMENT IN LINOS COVERED BY WATER CAMA M3= T FOR MAJOR OEVEU MdENT
Department of Adminlstmdon Stau of North Carding Department of the Army
(GS 14(,12) DepartnMflt of Natural Resourws &W Communkv3-akr- t Corps of Emits. Wtlmington Mark-
(GS 113-229.143-215.3(a)(1). 1141-2153(c). ti3+-erg (33CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so afole by placing N/A in blank.
ATTN: Dr. L. R. Goode, PE, Manager, Program & Policy Branch
Applicant Information a
A. Name N. C. Department of Transportation - Division of Highways
Last First Middle
B. Address P. O. Box 25201
Street, P. O. Box or 4.as¢
Raleigh, North Carolina 27611 [phone]
City or Town State Zip Code Phone
11, Location of Proposed Project:
A. County Npw Hannvpr
Wilmington
B. 1. City, town, community or landmark
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest name aody of water to project At 1 a nt i c Ocean
`ass
111. Description of Project
A. 1. Maintenance of existing project 2. New work Widening of NC 132 to 4-Lane
B. Purpose of excavation or fill
1. Access channel length - width depth
2. Boat basin length width depth
3. Fill area Roadway F i l l length - width depth See Plats
4. Other length width depth
C. 1. Bulkhead length N/A Average distance waterward of MHM swrline)
2.
Type of bulkhead construction (material) N/A
'
F
0. El Wt#d material (total for project)
1 . Cubic yards 2 Type of material Roadway F i l l
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material

IV. Land Type, Disposal Area, and Construction Equipment:

A. Does the area to be excavated include any marshland, swamps or othe; -sand? Yes No
B. Does the disposal area include any marshland, swamps or other wetlanc Yes No X
C Disposal Area
1. Location ?P1pr tPd S1tP Above WintlandS
2• Do you claim title to disposal area?
0. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled? Stringent Erosion Control Measures
F. Type of equipment to be used R oa wa v Construction FQu i pment
G. Will marshland be crossed in transporting equipment to project site? t- explain NQ
OY F•B 1
1000N - Ad00
LGOON - AdOO
....
t; V Intended of rr*iect
Area (Dacribe)
A- I. Private
2: Commercial
I Housing Development or Industrial
4. other_ Public Transo rtation
8. 1. Lot size(s)- N/A
2. Elevation of lot(s) above mean high water_ ti/A
3. Soil type and texture N/A
4. Type of building facilities or structures _ N/A
S. Sewage disposal and/or waste water treatment A. Existing NI./A Planned
B. Describe
6. Land Classification (circle one). DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Flan Synopsis
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? -Yes . No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes. X No
2. Type of discharge Roadway Sheet Runoff
3. Location of discharge AIon a Rnadwa?/ Fntira PrnapCt
VI1. Present rate of shoreline erosion (if known): N/A
VI ll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: None
IX. Length of time required to complete project:
X In addition to the completed application
form, the following items must be provided: ?
A. Attach a copy of the deed (with State application only) or other instrument under. which'applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the decd or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 834 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred • only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S.113.229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
See Plat, Sheets 40 and 41
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinats approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit iswed pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE t
Applicant's Signature
Manager, Program & Policy Branch
DIF-82 c r r nrvrocc cir?r ..... .. r ...rT. .. ?. ..
' 1000N - AdOO
1O07N - AdOO
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1000N - Ad00
WOON - Ad00
Division of Coastal Management
Field Offices
Raleigh Central Office
N.C. Department of Natural Resources
and Community Development
Box 27687
512 N. Salisbury Street
Raleigh, N.C. 27611-7687
[phone]
Elizabeth City
Route 6, Box 203
Highway 17 South
Elizabeth City, N.C. 27909
[phone]
- - - - - - - - - - - - - - - - - - - - - - -
Gates d G
G
'• Hertford -•7:0 as ?'•.,?i? :'_?
9G
?------------------ Oz.
?0
Berne w
Tyrrell
ashin on
Washington
Box 1507' -------?- -- _
1424 Carolina Avenue
Washington, N.C. 27889 `OX Beaufort

U.S. Army Corps of Engineers
Wilmington, North Carolina
Box 1890 .
Wilmington, N.C. 28402
[phone]
Pender
,~_ `?' ,New `'•?O
•, Hanover
?e 1%
Craven
e

Wilmington
Brunswick O 7225 Wrightsville Avenue
Wilmington, N.C. 28403
(919) 2564161
Pamlico
Carteret ^A
Hyde

Dare

Morehead City
Box 769
3411 Arendell Street
Morehead City, N.C. 28557
[phone]
1-800-682-2632
1000N - Ad00
i000N - Ad00
Please type or print. Caref ally describe all anticipated
development activities, including const.-vction, excava-
tion, tilling; paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects.
I APPLICANT
Nor Caro i.na Department o ranspor ion
a. Name_ L._ R- Goocle. Ph.D.. PE
Address P. O. Box 25201
City Raleigh State NC
Zip 27611 Day phone [phone]
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
-b: Is the proposed activity maintenance of an
existing project, new work, or both?
-Both
C. Will the project be for community, private, or
commercial use?
Public Use
d. Describe the planned use of the project.
Public Roadway.
Landowner or X Authorized agent
b. Project name Cif any)
C.
(R-0536)
4 LAND AND WATER
If the applicant is not the landowner, also give the CHARACTERISTICS
owner's name and address.
xitrmitx See Sheets 40 and 41 of a. Size of entire tract
Enclosed Plat
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NC 132 from Shipyard Blvd. to
Carolina Beach Rd.
b. City, town, community, or landmark
Wilmington
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract
f. Man-made features now on tract
C. County Naw HannvPr 9-
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
'Cape Fear River and Atlantic Ocean
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tracts If so, by whom?
or pier). _ Widening an existing 2-lane
public roadway to 4-lane divided
public roadway.
A/Ac 9.8039045
4/89
1000N - Ad00
1000N - Ad00
,5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion .
control plan been submitted to the Division of Land
Resources?
E Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asphalt
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Sheet Runoff from Roadway

Along Length of Project
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MI.W) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rockjetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length ; Width Depth
ee Site
Plats
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
4/89
1000N - Ad00
1000N - Ad00
4 Dimensions of spoil disposal area
c. Shoreline erosion during preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
g. Location of spoil disposal area
h. Do you claim title to the disposal area? yes
if not, attach a letter granting permission from the
owner.
mean tugh water
f. Type of fill material
i. Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? N
L Amount of fill in cubic yards 45,300 cy
m. Type of f i l l material Roadway F i l l
n. Source of fill material Hwy Proi. and borrow
sites located above vietlands.
o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled
See Site Plats
q. How will excavated or fill material be kept on site
and erosion controlled?
tandard ighway construction erosion/
-sedimentation control measures
r. What type of construction equipment will be used
(for example daglin Mechanical b Hckhhoe, Highway Construction
drauli . dredge).
s. Will wetlands be crossed in transporting equipment
to project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted.
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
if2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be•sufficiently detailed
to guide agency personnel unfamiliar with the arcs to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
b. Average distance waterward of mean high water or
normal water level
1000N - Ad00
1000N - Ad00
Name 9 CERTIFICATION AND PERMISSION
` Address
TO ENTER ON LAND
Name _ Any permit issued in response to this application will
Address allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
I certify that to the best of my knowledge, the proposed -
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
P%lect. lt? This is the d y of , 19U-.
X *t4-1?5
Landowner or Authorized agent
dNo
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41
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PROJECT I s e '? _
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGH1AYS
NEW HANOVER COUNTY
PROJECT 3.8039045 (R-0536)
PROPOSED N.C. 132 WIDENING
SHEET I OF 4
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EARTH QUANTITIES
TOTAL:
FI L L IN W ETLANDS 11.4 AC.
FILL BELOW O.H.W. 0 C.Y.
TOTAL FILL
L-54300 C.Y
M _M
PROPERTY OWNER
NAME AND ADDRESS
OWNER'S NAME
ADDRESS
PARCEL NO.
1
2
3
4
5
6
7
8
Mildred B. Hobbs
Roy Lee Coombs
Cecil and Peggy Adams
Wi lli.am Little (Etal)
Vayhen C. and Lorraine
W. Sutton
Mnuric(? J. t?rnrn:irt;, Jr.
O."t;al )
Arnold 1,. :3oho1 (fatal )
f:verett; Horton
c/o Joseph G. Dond,, ro
(Attorney)
W.H. McEachern III
P.O. Box 3991
Wilmington, N.C. 28406
208 Teakwood Dr.
Carolina Beach, N.C.2842
25 Antoinette Dr.
WJ.lmi ngton, P. C. 28403
602 27th Ave. 11orth
Myrtle Beach, S.C.29577
855 Greenbriar Road
Wilmington, PI.C. 28403
130 Araua Vista Dr.
41i lmi ntlton, ff.C. 281103
2020 South Church ill 11 'D
Wilmington, 11. C . 28403
3629 Glen Eagles Dr.
N3-2D
Si 1vAr Spring, MD. 20006
P.O. Box 656
Wilmington, PI.C. 28402
9
4 f h
PROPERTY OWNER
NAME AND ADDRESS
PARCEL NO. OWNER'S NAME ADDRESS
10 Quincy P. Cannady
11 The Wilmington
Presbytery
12 Charles W. Hollis
13 W.J. Hollis, Jr.
14 Banod Development
Corp.
15 William C. Hines
16 M.P. Taylor, Jr.
17 Bruce B. Cameron
18 Saturn Dev. Corp
669 Hidden Valley Road
Wilmington, N.C. 28403
1416 Market Street
Wilmington, N.C. 28403
138 Green Forest Dr'.
Wilmington, N.C. 28403
.139 Hollis Lane
Wilmington, N.C. 28403
4405 Bavarian Lane
Wilmington, N.C. 28405
721 Mohican Trail
Wilmington, N.C. 28403
722 Mohican Trail
Wilmington, N.C. 28403
P.O. Box 3649
Wilmington, N.C. 28406
P.O. Box 4517-Wilmington,N.C.
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State of North Carolina
Department of Environment, Health, and Natu uDivision of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
September 10, 1991
Colonel Walter S. Tulloch
District Engineer
Wilmington District Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
Dear Colonel Tulloch:
Roger N. Schecter
Director
SEP 1991
R?,_?. 4 0
WATER QUAL"Y
Planning Branch
The State of North Carolina has completed its federal consistency
review of Corps Public Notice number Action ID 199100907. The notice
describes a proposal by the NC Department of Transportation to place fill
material in wetlands of Hewlett's and Mott Creeks associated with widening
NC Highway 132 between US Highway 421 and SR 1101, Wilmington, New Hanover
County, North Carolina.
We understand. that the proposed activity has been modified to include
mitigation of the unavoidable loss of 11.4 acres of pocosin wetland by
debiting the Pridgen Flats Pocosin Mitigation Bank at 2:1. We also
understand that the Pridgen Flats Pocosin Mitigation Bank will be developed
on a 346.2 acre conservation easement established on a Sampson County farm
that reverted to Farmer's Home Administration ownership after failure of
the farming operations. The mitigation bank will be created by restoration
of the pocosin wetlands on the site based on a plan developed by NC DOT,
the US Fish and Wildlife Service, and NC Wildlife Resources Commission.
Finally, we understand that no red-cockaded woodpecker cavity trees were
found within one half mile of the proposed project during a survey
conducted in May and June of 1991.
Based upon our review, we agree with the applicant's certification
that the proposed project, as modified, is consistent with the North
Carolina Coastal Management Program. The NC Division of Environmental
Health requests that the applicant contact Mr. Keith Oates, Mosquito
Control Engineer at [phone] to assure that the highway construction
does not unnecessarily increase mosquito problems near human population
centers.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

R
Tulloch Letter
September 10, 1991
Page 2
,P
If you have any questions about our findings, understandings, or
requests listed above, please contact Mr. Steve Benton, Division of Coastal
Management, at [phone].
Sincerely,
z Z' ` A??
r Roger N. Schecter
cc: Jim Herstine, Division of Coastal Management, Wilmington
Dennis Stewart, Wildlife Resources Commission
Richard Rowe, Division of Environmental Health
Preston Howard, Division of Environmental Management
John Dorney, Division of Environmental Management
Larry Goode, Division of Highways
Frank Boteler, Division of Parks and Recreation
AW

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STATE OF NORTH CARD
DEPARTMENT OFTRANSPORTA
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
District
September 4, 1991
Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina, 28402-5201
ATTENTION: Regulatory Branch
Dear Sir:
DIVISION OF HIGHWAYS
WILLIAM G. MARLEY, JR., P.E.
STATE HIGHWAY ADMINISTRATOR
SUBJECT: New Hanover County - NC 132 Widening from US 421 to
Shipyard Boulevard near Wilmington; (T.I.P. R-0536)
State Project No. 9.8039045, DOA Action ID No.
199100907
The North Carolina Department of Transportation applied
for a permit for the subject project on March 6, 1991. In
response to questions raised by DOA, National Marine
Fisheries Service (NMFS), and US Fish and Wildlife Service
(FWS), we have revised the permit application to include
these concerns. NMFS and FWS had asked that the permit
drawings be revised and clarified to depict wetland impacts
and stream crossings at Hewlett's and Mott Creeks. The
attached drawings illustrate these two areas (Sites I and
VII).
FWS had asked that site reviews be conducted to assess
impacts to threatened and endangered species potentially
occurring in New Hanover County. These reviews have been
conducted by NCDOT staff biologists, and we have concluded
that none of the seven species listed occur in the project
area. Additionally, NMFS and DOA were contacted to research
impacts to the shortnose sturgeon (Acipenser brevirostrum),
and we were notified that this species would not occur in the
two stream systems involved in this project. No impacts to
threatened or endangered species are anticipated.
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Both NMFS and FWS had requested that details of NCDOT's
pocosin mitigation bank be finalized before allowing impacts
to pocosin wetlands. Since that time, planting and
monitoring plans for the Pridgen Flats Pocosin Mitigation
Bank have been discussed with FWS. NCDOT proposes to debit
22.8 acres from this bank to mitigate the 11.4 acres of
pocosin to be impacted by this project. This represents a
2:1 mitigation ratio. An additional 0.06 acres of bottomland
hardwoods will be debited from the Company Swamp Mitigation
Bank, which represents a 2:1 ratio for non-pocosin impacts.
The cover letter provided with the March 6, 1991 permit
application details the avoidance measures considered to
minimize wetland impacts. The project, as proposed,
represents best efforts to protect the local environment
while providing the level of service necessary to upgrade the
capacity and safety of NC 132.
WE WERE ADVISED VERBALLY BY YOUR OFFICE THAT WE WOULD BE
GETTING THE PERMIT FOR THIS PROJECT ON TUESDAY, SEPTEMBER 10,
1991, IN ORDER TO MEET OUR CURRENT CONSTRUCTION SCHEDULE.
PLEASE ADVISE US IF WE CAN STILL EXPECT THE PERMIT FOR THIS
PROJECT ON THAT DATE.
If you have any further questions regarding this
project, please contact Cynthia Bell at [phone].
Sincerely,
L.R. Goode, Ph.D.,
Director, Programs,
cc: Ms. Mike Gantt, USFWS
P. E.
Policy & Budget
Mr. Larry Hardy, NMFS
Mr. John Parker, DCM, DEHNR
?l'r. John Dorney, DEM, DEHNR
Mr. Dennis Pipkin, P.E., Planning and Environmental
Mr. Kelly Barger, P.E., Project Management Unit
Mr. Don Morton, P.E., Highway Design
Mr. A.L. Hankins, P.E., Hydraulics
Mr. John Smith, P.E., Structure Design
Mr. D.J. Bowers, P.E., Division 3 Engineer
Mr. N.L. Graf, P.E., FHWA
DGM,F-VO
14
United States Department of the Interior
FISH AND WILDLIFE SERVICE -
Raleigh Field Office v 7
Post Office Box 33726
Raleigh, North Carolina 27636-3726 I
70 M ¦
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Lt. Colonel Thomas C. Suermann
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
April 15, 1991
v
APR 26 1991
1 QUALITY
.NATER
SECTION
Dear Lt. Colonel Suermann:

Apr, nte^
P ;

The U.S. Fish and Wildlife Service (Service) has reviewed Public Notice
CESAW-CO 199100907, dated March 14, 1991. The applicant, the North Carolina
Department of Transportation, Division of Highways (NCDOT), proposes to
place fill material in wetlands of Hewlett's and Mott Creeks in order to
widen North Carolina Highway 132 (South College Road), between U.S. Highway
421 and State Route 1101 (Shipyard Boulevard), in Wilmington, New Hanover
County, North Carolina. This is the report of the Service and the
Department of the Interior and is submitted in accordance with provisions of
the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e) and Section 7 of
the Endangered Species Act of 1973, as amended (16U.S.C. 1531-1543). It is
to be used in your determination of 404 (b) (1) compliance (40 CFR 230) and
your public interest review (33 CFR 320.4) as it relates to the protection
of fish and wildlife resources.
According to the Public Notice, the NCDOT proposes to widen a 3.8 mile
section of South College Road from two to four lanes, within an existing
200-foot-wide right-of-way. The roadway fill would be widened by
approximately 100 feet, resulting in the filling of approximately 11.4 acres
of pocosin wetland and the culverting of both Mott Creek and Hewlett's
Creek. The project plans identify five sites or areas of wetland which
would be filled. To provide compensatory mitigation for this wetland loss,
the applicant proposes to debit the "regional pocosin bank" which has not
yet been reviewed, officially established or approved by the Service.
The Service conducted a site visit on April 10, 1991. According to the
National Wetlands Inventory map for the area, four of the five sites to be
filled are mapped as palustrine, forested, evergreen wetlands. The area
surrounding the Mott Creek crossing is classified as palustrine, forested,
evergreen and deciduous wetlands, and the wetlands surrounding Hewlett's
Creek are mapped as palustrine, forested, broad-leaved, deciduous wetlands.
Palustrine forested evergreen wetlands present are dominated by loblolly
pine (Pinus taeda), pond pine (Pinus serotina), sweet gum (Liguidambar
styraciflua), red maple (Acer rubrum), loblolly bay (Gordonia lasianthus),
sweet bay (Magnolia virginiana), fetterbush (Leonia lucida), bay-gall holly
(Ilex coriacea), and Southern bayberry (Myrica cerifera). The areas
surrounding the creeks included many of these species as well as additional
deciduous species, such as water oak (Ouercus nigra) and tulip tree
(Liriodendron tulipifera). Racoon prints were observed in the mud at the
crossing of Mott Creek.
The Service places considerable value on palustrine forested wetlands.
Resident and migratory wildlife that may use these wetlands include
whitetail deer, racoon, red and gray fox, passerine birds, raptors,
reptiles, and amphibians. In general, these sites are of value to wildlife
as sites for feeding, cover, migration, nesting, and juvenile rearing.
Forested and wetlands also perform essential water quality functions. They
serve in pollution and sediment removal, act as flood water retention sites,
and contribute usable nutrients to the aquatic food web.
Palustrine forested wetland losses are occurring at a high rate on a
national basis. In the two-decade period between the early 1950's and
1970's palustrine forested wetlands were reduced nationally by 10.8 percent
(Frayer, W.E., T.J. Monahan, D.C. Bowden, and F.A. Graybill. 1983. Status
and trends of wetlands and deepwater habitats in the conterminous United
States: 1950's to 19701x. U.S. Fish and Wildlife Service, Washington,
D.C.). Ninety-two percent of the national losses in palustrine forested
wetlands occurred in the southeastern United States (Hefner, J., and J.
Brown. 1984. Wetland trends in the Southeastern United States. Wetlands.
4:1-11).
Based on the above-described habitat values and the fact that such areas are
becoming relatively scarce or becoming scarce on a national basis or in the
ecoregion, the Service's Mitigation Policy (Federal Register 46(15):7656-
7663, January 23, 1981) goal for resources of this type calls for no net
loss of in-kind habitat values. After minimizing losses of such habitats,
the unavoidable losses should be replaced with similar habitat values so
that populations of the species associated with the habitats will remain
relatively stable in the area over time. Specific ways to achieve this
include: 1) physical modification of replacement habitat to convert it to
the same type lost; 2) restoration or rehabilitation of previously altered
habitat; 3) increased management of similar replacement habitat so that the
in-kind value of the lost habitat is replaced; or 4) a combination of
measures.
The NCDOT proposes to mitigate the adverse impacts to 11.4 acres of wetlands
by debiting a pocosin mitigation bank. The Service is concerned with this
proposal since no pocosin bank has yet been established, or even
preliminarily reviewed by the Service. This is at least the second time
that the applicant has proposed the debit of this bank. The first proposed
project was the NCDOT construction of the Greenville Bypass, U.S. Highway
264, in Pitt County. This project was to place fill in 16.4 acres of
palustrine forested wetlands adjacent to the Tar River, and according to the
Corp's letter to the Service, dated February 15, 1991, you notified the
Service of your intent to issue the permit. The NCDOT's letter to the Corps
of February 12, 1991, stated their plans to submit a pocosin mitigation bank
plan in early April. The Service has not yet received the plan. We
recommend that the Corps not issue the current permit, or future permits
which debit the bank, until a plan has been reviewed and approved.
Furthermore, the Service will recommend that use of any established
mitigation bank will only be for "unavoidable" project wetland losses.
The Service also believes that it is unclear whether or not the Public
Notice is complete. The map showing.the five sites of wetland impacts does
not show a site in the area of the Hewlett's Creek crossing. The NWI map
shows this area as palustrine, forested, broad-leaved, deciduous wetland.
From the Public Notice it is not clear whether or not the applicant. proposes
to fill wetlands in this area; the Service requests that the NCDOT clarify
their proposed work around Hewlett's Creek. Additionally, our Service
biologist observed another small, culverted stream just north of Mott Creek.
The project plans fail to mention the applicant's intentions to culvert it.
The attached page identifies the Federally-listed endangered (E) and/or
threatened (T) and/or species proposed for listing as endangered (PE) and/or
threatened (PT) which may occur in the influence of this action. If the
proposed project will be removing pine trees greater than or equal to 30
years of age in pine or pine/hardwood habitat, surveys should be conducted
for active red-cockaded woodpecker cavity trees within a 0.5 mile radius of
project boundaries. If red-cockaded woodpeckers are observed within the
project area or active cavity trees found, the project has the potential to
adversely affect the red-cockaded woodpecker, and you should contact this
office for further information.
The list of Federally-listed endangered and threatened species includes the
endangered shortnose sturgeon. The National Marine Fisheries Service has
responsibility for this species, and they should be contacted to discuss the
proposed project's potential impacts.
The legal responsibilities of a Federal agency under Section 7 of the
Endangered Species Act of 1973, as amended, were detailed in material sent
to you previously. If you have any questions, please contact us at (919)
856-4520.
In consideration of the fish and wildlife values of the project area, we
believe that the public interest would best be served through impact
avoidance at the present time. The Service, therefore, strongly recommends
against permit issuance for the following reasons: 1) the applicant
proposes to debit a pocosin mitigation bank that does not exist; 2) the
Public Notice is not clear as to the proposed work in wetlands at Hewlett's
Creek; and 3) endangered species issues must be resolved.
The Service appreciates the opportunity to provide comments on this project.
We would be pleased to meet with you, your staff, or the applicant to
discuss our concerns. Please advise us of any action taken by your office
in this matter.
Sincerely,
L 6ua
L.K. Mike Gantt
Field Supervisor
J
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
03/27/91
Mr. Preston Howard
NC DEH&NR - v
Div. Environmental Management
7225 Wrightsville Avenue
Wilmington, NC 28403
REFERENCE: ACTID-91-0907
Applicant/Sponsor: NC Division of Highways
Fill Wetlands - Hewletts & Mott Creeks to Widen NC 132, Wilmington
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice, dated
03/14/91 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 04/09/91.
sin erely
ste en B. B to
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on
This office
No Comment.
this project are attached.
suppe-rts t'he project proposal.
)/J
signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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North Carolina Department of
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DIVISION OF ENVIRONMENTAL
Date: March 6, 1991
To: one ; C 1 MAR 1991
Y c, P1; ,
Planning Branch C-1, WATER QUAtUp
C`j
ry
From: James H. Gregso Plannir,, branch
Wilmington,Regi?o Office ?, -K)?
Through: Dave Adkins
Wilmington a onal Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project t 9101-H
NC DOT / Widening of US HWY 132 from US 421 to Shipyard
Blvd. Near Wilmington
New Hanover County
PROJECT DESCRIPTION: The North Carolina Dept. of Transportation
proposes to improve 3.8 miles of US HWY 132. HWY 132 will be
widened from a two-lane roadway to a four-lane, median divided
highway. The proposed project will cross Hewletts Creek (Class
SA) and Mott Creek (Class C Sw), and will require the filling of
11.4 acres of pocosin type wetlands.
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require a 401 Water Quality Certification
and that Certification should include the following conditions
for the filling of wetlands.
1. That silt fences and other erosion controls be in place
prior to any earthen movement in the area of the
wetlands.
2. That all fill material be from a clean upland source,
free from any toxic material.
3. That the turbidity in the adjacent waters not exceed 25
NTU in Class SA waters and 50 NTU in Class C waters.
4. That the side slope of the filled area be stabilized
with vegetation as soon as possible to prevent erosion.
9101-H.MAR
Page Two
It is recommended DOT consider the enhancement of existing
pocosin habitat near the project area or restoration of degraded
wetlands in at least the same sub basin as the project. Debiting
a pocosin bank in Sampson County would not appear to be suitable
mitigation for impacting 11.4 acres in New Hanover County.
JHG:9101-H.MAR
cc: Wilmington Regional Office Files
Central Files
DCM-Steve Benton

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199100907
January 28, 1991
S: March 28, 1991
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
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Enclosed is the application of the North Carolina Department of
Transportation, Division of Highways, for Department of the Army authorization
and a State Water Quality Certification to place fill material in wetlands
adjacent to Hewlett and Motte Creeks, associated with widening N.C.
Highway'132, Wilmington, New Hanover County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March-28, 1991, the
District Engineer will deem that :waiver has occurred.
Questions or comments may be addressed to Mr. Jeffrey Richter, telephone
[phone].
Sincerely,
ne Wri t
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

DEPARTMENT OF THE ARMY COASTAL k FS--ol RC co m.. fey
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199100907 March 14, 1991
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS
(NCDOT), Post Office Box 25201, Raleigh, North Carolina 27611-5201, has
applied for a Department of the Army (DA) permit TO PLACE FILL MATERIAL IN
WETLANDS OF HEWLETT'S AND MOTT CREEKS ASSOCIATED WITH WIDENING NORTH CAROLINA
HIGHWAY 132 (SOUTH COLLEGE ROAD), BETWEEN U.S. HIGHWAY 421 AND S.R. 1101
(SHIPYARD BOULEVARD), WILMINGTON, New Hanover County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed widening from two to four lanes along a 3.8-mile
corridor within an existing 200-foot-wide right-of-way. The project is to
cross two small creeks. Hewlett's Creek is a 3-mile-long continuous, slow
moving stream classified by. the North Carolina Division of Environmental
Management (NCDEM) as SA tidal saltwaters. Mott Creek is a 2-mile-long
intermittent stream with fluctuating water flow which is classified as C swamp
water by NCDEM. The crossings of these streams are to be culverted; no bridge
structures are proposed. Pocosin and pine flatwoods will be impacted as the
roadway fill is widened by approximately 100 feet. Wetland takings are to
total approximately 11.4 acres of pocosion. NCDOT, in coordination with the
U.S. Fish and Wildlife Service (USFWS), is currently developing a regional
pocosin bank which is proposed to be debited as compensatory mitigation. The
purpose of the work is to provide a safer, improved transit system. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the NCDEM.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the NCDCM.
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
4
-2-
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested DA permit will be denied if any required State or local
authorization and/or certification is denied. No DA permit will be issued
until a State coordinated viewpoint is received and reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency,
with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 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 archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will 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,
-3-
aesthetics, general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), 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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 5, 1991. _
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 1, 1991, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeffrey Richter, until 4:15 p.m.,
April 15, 1991, or telephone [phone].
1 t
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aesthetics, general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), 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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 5, 1991.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 1, 1991, Attention: Mr. John
Dorney.
Written comments pertinent to the-proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeffrey Richter, until 4:15 p.m.,
April 15, 1991, or telephone [phone].
3
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