20170175 Ver 1_Appendix A_Signed Permits and Special Conditions_20201029

Wa ter IIQICSOur( es
I. VIRONIIL TAL O i ALITY
April 24, 2017
City of Wilmington
Attn: Mr. Sterling Cheatham
P 0 Box 1810
Wilmington, NC 28402
ROY COOPLR
MICHAEL S. RI Csr1N
S..iAY /I1`G9MERNIAN
DWR # 17-0175
New Hanover County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Clear Run Stream Restoration
USACE Action ID. No. SAW-2017-00266
Dear Mr. Cheatham:
Attached hereto is a copy of Certification No. 4114 issued to City of Wilmington, dated April 24,
2017. Please note that you should get any other federal, state or local permits before proceeding
with the subject project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
State of North Carolina I Environmental Quality � Water Resources
1617 Mall Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
t y e t� i i rl3 7Jj(L
`v

City of Wilmington
DWR# 17-0175
Individual Certification #4114
Page 2 of 8
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Coburn at 910-796-7379 or [e-mail] or
Jennifer Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
B
Karen Higgins, Supervis
401 & Buffer Permitting Branch
cc: Jason Doll, Moffatt & Nichol (via [e-mail])
USACE Wilmington Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
Heater Coats, DCM (via [e-mail])
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 170175ClearRunStreamRestoration (NeWHanover)_401_IC.docx

City of Wilmington
DWR# 17-0175
Individual Certification #4114
Page 3 of 8
L1159131M. •� ,�
CERTIFICATION #4114 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to City of Wilmington, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on
February 9, 2017, and by Public Notice issued by the U. S. Army Corps of Engineers and received by
the Division on February 24, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(b) & (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Perennial Stream — Culvert
410 (linear feet)
0 (linear feet)
Perennial Stream —
2,500 (linear feet)
0 (linear feet)
Restoration
Perennial Stream —
500 (linear feet)
0 (linear feet)
Enhancement
Compensatory Mitigation
You have our approval for your proposed final stream mitigation plan received by the
Division on February 9, 2017. The restored/ enhanced stream must be constructed,
maintained, and monitored according to the plans approved by this Office. Any repairs or
adjustments to the site must be made according to the approved plans or must receive
written approval from this Office. This mitigation plan is only approved for credits towards
the impacts approved in this certification. [15A NCAC 02H .0506 (b)(6)]

City of Wilmington
DWR# 17-0175
Individual Certification #4114
Page 4 of 8
The permittee will provide on -site supervision of stability work including, but not limited to
bank re -sloping, culvert installation, in -stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual. [15A NCAC 02H .0506(b)(2)]
Natural fiber matting is recommended for streambank stabilization over plastic matting that
can entrap small animals. [15A NCAC 02H .0506(b)(2)]
Visual monitoring of the restoration/enhancement project shall be conducted at a minimum
of quarterly for the first year or two bankfull events (whichever is longer), and then annually
until the site is stable (particularly after storm events) and vegetation is successful per the
monitoring plan provided in the application. Any failures of structures, stream banks, or
vegetation may require future repairs or replacement, which requires coordination with the
Wilmington Regional Office to ensure the stability and water quality of the stream and
downstream waters. Annual reports of vegetation and stream stability monitoring and
adaptive management activities shall be submitted to the Division on or before June 1st of
each year [15A NCAC 02H .0506(b)(2)]
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application for this project. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
certification. [15A NCAC 02H .0501 and .0502]
4. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.

City of Wilmington
DWR# 17-0175
Individual Certification #4114
Page 5 of 8
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
5. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
6. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]

City of Wilmington
DWR# 17-0175
Individual Certification #4114
Page 6 of 8
9. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
.0506(b)(2) and (c)(2))
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. Additionally, when roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
10. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
11. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]
12. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]
13. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.

City of Wilmington
DWR# 17-0175
Individual Certification #4114
Page 7 of 8
14. Continuing Compliance
City of Wilmington shall conduct construction activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal
law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification. Before modifying the Certification, the
Division shall notify City of Wilmington and the U.S. Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to City
of Wilmington in writing, shall be provided to the U.S. Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
15. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
16. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal,ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
17. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]

City of Wilmington
DWR# 17-017S
Individual Certification #4114
Page 8 of 8
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 24th day of April 2017
e
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
4114

0111111-w
AS1AtEE OF PM�4
Regulatory Division
Action ID: SAW-2017-00266
City of Wilmington
Attn: Sterling Cheatham
PO Box 1810
Wilmington, NC 28402
Dear Mr. Cheatham,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
April 16, 2018
In accordance with your written request dated December 16, 2016, and the ensuing
administrative record, enclosed are two copies of a permit to construct a stream restoration
project in Wilmington, New Hanover County, North Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings should then be returned to this office for final
authorization. A self-addressed envelope is enclosed for your convenience.
This correspondence contains a proffered permit for the above described activity. If you
object to this decision, you may request an administrative appeal under Corps regulations at 33
CFR part331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and
request for appeal (RFA) form. If you request to appeal this decision you must submit a
completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Mr. Brennan Dooley
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by June 15, 2018.

* *It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.**
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Mr. Brennan Dooley at the Wilmington Regulatory Field Office, telephone [phone].
Sincerely,
Eric Reusch
Chief, Wilmington Field Office
Regulatory Division
Enclosures

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: City of Wilmington
File Number: SAW-2017-00266
Date: April 16, 2018
Attached is:
See Section below
®
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMNATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional
information maybe found athttp://www.usace.army.mil/inettfunctions/cw/cecwo/re or
Coms regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.

DEPARTMENT OF THE ARMY PERMIT
Pemittee City of Wilmington
Attn: Sterling Cheatham
Permit No. SAW-2017-00266
Issuing Office CESAW-RG-L
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: The project is to (1) discharge fill material into 0.047 acre of stream in order to install a 410 linear foot
culvert extension and replace an existing 60 linear foot culvert, and (2) excavate/fill 2,600 linear feet of stream and 0.16 acre of
wetlands in order to restore and enhance approximately 2,500 linear feet of stream and 0.16 acre of riparian wetland habitat.
Project Location: The project is located in the upper reaches of Clear Run Branch, which drains to Bradley Creek. The project
area starts just east of College Acres Drive and runs west to Teal Street, in Wilmington, New Hanover County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2022. If you find that you need more time to
complete the authorized 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
conditions 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 coordination
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 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413),
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.

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.
(PERMITTEE)
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT COMMANDER)
(DATE)
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. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
SAW-2017-00266
1. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any
USACE approved modification to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary placement
or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.
2. CONSTRUCTION PLANS: All work authorized by this permit must be performed
in strict compliance with the attached plans dated January, 2017 which are a part of this
permit. Any modification to these plans must be approved by the US Army Corps of
Engineers (USACE) prior to implementation.
3. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents
to comply with the terms and conditions of this permit in the construction and
maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this permit.
A copy of this permit, including all conditions, shall be available at the project site
during construction and maintenance of this project.
4. PRECONSTRUCTION MEETING: The permittee shall conduct an onsite
preconstruction meeting between its representatives, and the contractor's representatives
prior to undertaking any work within jurisdictional waters and wetlands to ensure that
there is a mutual understanding of all terms and conditions contained within the
Department of the Army permit. The permittee shall notify the Corps of Engineers
Project Manager a minimum of thirty (30) days in advance of the scheduled meeting in
order to provide ample opportunity for the Corps to participate in the required meeting.
5. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND
COMPLETION: The permittee shall advise the Corps in writing prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this
permit.
6. WATER CONTAMINATION: All mechanized equipment will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum
products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources at [phone] or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
7. PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent
live or fresh concrete, including bags of uncured concrete, from coming into contact with
any water in or entering into waters of the United States. Water inside coffer dams or

casings that has been in contact with concrete shall only be returned to waters of the
United States when it no longer poses a threat to aquatic organisms.
8. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in
waters or wetlands shall be generated from an upland source and will be clean and free of
any pollutants except in trace quantities. Metal products, organic materials (including
debris from land clearing activities), or unsightly debris will not be used. Soils used for
fill shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act.
9. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in
the plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at anytime in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or to
reduce the reach of waters or wetlands.
10. INSTALLATION OF CULVERTS. For construction of culverts, measures will be
included in the construction that will promote the safe passage of fish and other aquatic
organisms. Culvert inverts will be buried at least one foot below the bed of the stream for
culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller,
culverts must be buried below the bed of the stream to a depth equal to or greater than 20
percent of the diameter of the culvert.
11. SILT -FENCING: The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
12. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove
all sediment and erosion control measures placed in wetlands or waters, and shall restore
natural grades in those areas, upon project completion once the disturbed areas have been
stabilized.
13. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of
this permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
14. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of these
permit special conditions or violation of Section 404 of the Clean Water Act must be
reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24
hours of the permittee's discovery of the violation.

15. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in a directive to cease work until the
problem is resolved to the satisfaction of the Corps.
16. PLANTING PLAN: The permittee shall comply with the attached planting plan.
Within planted portions of the site, a minimum of 260 stems per acre shall be present at
year five, post-construction/planting. Counting of acceptable volunteer species toward
the 260-tree per acre density may occur upon the review and evaluation of the annual
monitoring data. Trees in each plot shall average at least 7 feet in height at year five. The
permittee shall be responsible for any corrective measures required to ensure the
successful re-establishment of a forested riparian zone in the project area.
17. STREAM BANK AND CHANNEL STABILITY: The stream restoration work shall
be completed using natural stream design techniques and be constructed to ensure stream
bank and channel stability. The restored stream bank and channel shall not show signs of
instability such has head cuts and significant bank erosion. The permittee shall be
responsible for any corrective measures required to ensure stream bank and channel
stability. All corrective measures shall be submitted to the Corps for review and
approval prior to initiating.
18. STREAM MONITORING AND REPORTING: The permittee shall complete
annual monitoring and submit an annual monitoring report to the Corps for a period of 5
years after completion of construction and the initial planting. The report shall be
provided to the Corps for review no later than April 1 of the year following the
monitoring event. Monitoring reports shall include an executive summary that states the
overall monitoring results, to include stream bank and channel stability monitoring,
vegetation monitoring, and any areas of concern (e.g. beaver activity, exotic/invasive
vegetation, stream instability, supplemental planting, etc.). The report shall include the
results of the following required monitoring:
a. Photo -Documentation: Photos will be taken at established cross -sections within
each reach of the proposed project on an annual basis in addition to any problem areas
that may develop after construction is completed. Photos will be georeferenced to the
corresponding cross-section and/or problem area as part of a required monitoring report.
Photo documentation will also be used to document the health of the riparian area
plantings, signs of overbank flooding, and the effectiveness of any erosion control
measures.
b. Channel stability monitoring: Within each reach of the proposed project, cross
sectional stations will be established of a frequency sufficient to characterize stream
conditions in the project area. The locations shall be selected to represent approximately
50% pools and 50% riffle areas. The selection of stations shall include areas that may be
predisposed to potential problems, such as particularly tight meanders, meanders just
downstream from channel confluence points, and areas where in -channel work corrected
existing bank failures. All channel cross -sections within riffles must include

measurements of Bank Height Ratio (BHR) and Entrenchment Ratio (ER), which must be
documented in monitoring reports. All annual reports shall include the As -built survey
for baseline purposes in order to assess the extent of any changing conditions.
c. Vegetation monitoring: Annual vegetation monitoring shall be completed in
accordance with the attached planting plan. Vegetation must be planted and plots
established at least 180 days prior to the initiation of the first year of monitoring.
Vegetation monitoring shall be conducted between July 1 st and leaf drop. Monitoring
events shall be used to evaluate the site for the presence of invasive species, which should
be noted in the monitoring report. Annual monitoring reports shall include the baseline
number of planted trees in order to verify the survival rate and overall condition of the
vegetation community.
19. AS -BUILT SURVEY/REPORT: A fmal as -built survey must be submitted
following the completion of all physical and biological improvements, including planting.
As -built surveys should include photo documentation at all cross -sections and
monitoring instruments (hydrology gauges, crest gauges, etc.), a plan view diagram, and
vegetation information (type and number of species planted, and, if applicable, planting
zones for targeted communities). As -built surveys shall also indicate the locations of all
monitoring activities (permanent vegetation plots, groundwater and surface water gauges,
crest gauges, cross -sections, bank pins, photo points, water quality and aquatic biota
sampling points, etc.) A longitudinal profile of the thalweg, water surface, bankfull, and
top of bank shall also be provided. Any change to the project plan must be documented
and explained in the as -built report. The as -built survey/report shall be provided to the
Corps within 90 days of completion of physical improvements and the initial planting.
20. ADAPTIVE MANAGEMENT: In the event the stream restoration project site fails
to meet the standards as specified in this permit, the permittee shall notify the Corps and
develop and implement any required remedial actions.
21. To the extent the attached project plans and other attachments conflict with the DA
permit special conditions, the DA permit special conditions shall prevail.

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Clear Run Stream Restoration and Flooding Management Project
Draft Environmental Assessment
Appendix C - Planting Plan
The goal of this planting plan is to establish stable wooded ecosystems in appropriate locations along the
reconstructed stream channel. Since the project does not propose wetland impacts, the plan does not seek
compensatory wetland credit except for the area (0.16 acres) of the existing relict spoil piles that will be
removed as described below. The site planting will consist of four basic zones as shown on Figure 6 below
which depicts a typical site cross-section. The break between the riverine swamp forest and bottomland
hardwood forest is shown as a plan view on Figure 7 and is based on differences in soil as well as relative
relief with the riverine swamp forest being flatter and wetter than the bottomland hardwood forest. Species
selected for planting reflect those listed in the Classification of the Natural Communities of North Carolina,
Fourth Approximation from the NC Natural Heritage Program (Schafale 2012). Trees should be planted on 8-
foot centers, which will yield about 680 trees per acre, which then should readily meet the 5-year
requirement of survival of 260 stems/acre. It is expected that natural regeneration will supplement the
planted species, especially in the relatively undisturbed riverine swamp forest. With respect to planting
timing, it is suggested that later winter or early spring would be the best planting time, followed by the fall.
Summer planting should be avoided due to lower survival of planted trees as well as the possibility of
thunderstorms/tropical storms that could cause severe erosion on the recently -graded landscape.
Figure 6: Typical Planting Section
llPL/INO 1tl11SgIN! � glylRlN! UPLAND
BL.UPE SWAMP pDREST SW AMA FORK" SLOPE
FOREST 1 10' FOREST
10'
STREAMSIDE 1 I. STREAMSIDE
CORRIDOR CORRIDOR
STREAM
CHANNEL
TYPICAL PLANTING SECTION
moffalf A nlehol
FIGURE
Moffatt & Nichol I Page 32

Clear Run Stream Restoration and Flooding Management Project
Draft Environmental Assessment
Figure 7. Federally Protected Species Listed for New Hanover County
1. Riverine Swamp Forest —This community will be on the lower end of the site (below station 1+81)
where the landscape is flatter. It is expected that this community will eventually replicate the
Cypress -Black Gum Swamp (Blackwater subtype) as described by Schafale (2012). A mix of
herbaceous grasses and forbs will also be used to encourage rapid vegetation cover. Most of this
area will be undisturbed. A total of 7,000 square feet (0.16 acres) of existing spoil mounds are
present in the riverine swamp forest that will be removed and replanted as riverine swamp forest.
2. Bottomland Hardwood Forest —This non -wetland community makes up the majority of the site to be
graded and is located on the higher elevations of the site from station 1+56 to station 1 + 81, beyond
which the landscape naturally begins to flatten out. A total of 3.16 acres of presently non -wetland
will be graded and then planted as bottomland hardwood forest. Some of this area may become
wetlands and some will probably remain non -wetland (depending on local water table elevation). It
is expected that this community will eventually replicate the Blackwater Bottomland Hardwood
Forest (Low Subtype) (Schafale 2012). A mix of herbaceous grasses and forbs will be used to
encourage rapid vegetation cover.
3. Streamside Corridor— A corridor of approximately 10 feet wide perpendicular to the Ordinary High
Water mark of the stream channel will be planted with live stakes of dogwood and buttonbush to
encourage rapid revegetation and subsequent stabilization of this area. A wetland seed mix should
also be used in this area with potentially some plugs of herbaceous wetland species such as Juncus
Moffatt & Nichol I Page 33

Clear Run Stream Restoration and Flooding Management Project
Draft Environmental Assessment
and sedges to rapidly establish ground cover. This area is 10 feet wide on both sides of the channel
and covers 0.11 acres of the site immediately adjacent to the stream and therefore subject to the
potentially erosive velocities within the stream. This community is expected to eventually replicate
the Blackwater Levee/Bar Forest with the addition of sycamore that is present on the site (Schafale.
2012). A mix of herbaceous grasses and forbs will be used to encourage rapid vegetation cover. In
addition, decomposable matting (such as coconut fiber) will be installed at the bends of the restored
channel to help stabilize these locations until the vegetation is established, as well as beyond the
stream corridor as warranted. It is anticipated that this area will be maintained in a shrub -dominated
community to reduce the effects on flooding that would occur if the area was allowed to succeed
into mature forest.
4. Upland Slope Forest —These areas cover 1.71 acres of land outside the floodplain and are not
expected to become jurisdictional wetlands due to their elevation above the stream, but are
expected to eventually replicate the Mesic Pine Savanna (Coastal Plain Subtype) (Schafale. 2012).
These areas will be seeded with a mix of herbaceous grasses and forbs to stabilize the areas. The
locations adjacent to the UNC-W property is proposed to be planted with a mix of long leaf pine
(75%) and native oaks (25%) as shown on Table 1. The areas on private property are proposed to be
planted mainly with native oaks (75%) and long leaf pine (25%). However, we recommend that all of
these landowners be directly contacted with the list of potential planting species in order to allow
them to adjust the plantings on locations adjacent to their property. It is also possible that some of
the private landowners may want shrubs such as azaleas or holly to be planted to provide a screen
between the restored stream valley and their backyards.
Table 8: Planting Plan for Clear Run Project
Planting Zone
Riverine Swamp Forest
Species
Name
Swamp Tupelo
Species — Scientific Name
Nyssa biflora
Mix I[%)
40%
Riverine Swamp Forest
Bald Cypress
Taxodium distichum
40%
Riverine Swamp Forest
Water Ash
Fraxinus caroliniana
20%
Blackwater Bottomland
Hardwood Forest (HF)
Laurel oak
Quercus laurifolia
35%
Blackwater Bottomland HF
Overcup Oak
Quercus lyrata
35%
Blackwater Bottomland HF
Ironwood
Carpinus caroliniana
20%
Blackwater Bottomland HF
Swamp red bay
Persea palustris
10%
Streamside Corridor
Dogwood
Corpus amomum
50%
Streamside Corridor
Buttonbush
Cephalanthus occidentalis
50%
Upland Slope Forest
Long leaf pine
Pinus palustris
75 %
Upland Slope Forest
Water oak
Quercus nigra
10 %
Upland Slope Forest
Southern red oak
Quercus falcata,
10 %
Upland Slope Forest
Post oak
Quercus stellata
5 %
Moffatt & Nichol I Page 34

Clear Run Stream Restoration and Flooding Management Project
Draft Environmental Assessment
Seed Mixtures for Ground Cover— Mixtures of a variety of seeds will be needed on graded areas to establish
ground cover to reduce erosion. All graded areas will be seeded and mulched with temporary erosion control
seed according to NC standard rates. A riparian seed mix shall be applied to the bottomland hardwood forest
and riverine swam forest. The mix shall meet the specifications of Ernst Seeds NC Coastal Plain Riparian Mix
and be applied at a rate of 20 pounds per acre. A wetland seed mix shall be applied to the streamside
corridor area. The mix shall meet the specification of Ernst Seeds NC Coastal Plain FACW Mix and be applied
at a rate of 20 Ibs per acre. A permanent seeding shall be applied to the upland slope forest to establish and
dense cover of grass while the surrounding forest grows. This permanent mix shall be based on current
standard for NC Erosion Control Protection.
Management of Existing Nuisance Vegetation — Privet (Ligustrum sp.) is present throughout the floodplain
and in adjacent private yards. Privet is a highly invasive nuisance shrub or small tree that can prevent or
severely inhibit the more desirable native vegetation. Therefore, we propose to cut and remove all privet on
the right-of-way and, where stumps remain, they should be cut and sprayed with RoundUp to inhibit privet
regeneration. During the annual vegetation monitoring and maintenance, any areas of dense privet that
become established should receive similar management to encourage the healthy growth of desired species.
Removal of Existing Relict Spoil Piles — There are approximately 10 existing spoil piles in the lower floodplain
of the project that have been placed in wetlands (riverine swamp forest) downstream of the portion of the
channel that will be relocated. We propose to remove these spoil piles and take the historic fill to high
ground using small, low impact equipment. These areas total 7,000 square feet (0.16 acres) and will be
planted with riverine swamp forest species. Since these areas will then be at the elevation of the surrounding
riverine swamp forest, we propose to monitor vegetation survival at two locations (see discussion of
vegetation monitoring below) in order to ensure the Corps of Engineers that restoration has been successful.
However, since these areas are small and completely surrounded by riverine swamp wetland with regular
overbank flooding, we do not propose to conduct hydrologic monitoring for these areas. If these areas meet
the vegetation success criteria of 260 stems per acre survival for planted stems after 5 years of monitoring,
then we propose that the Corps of Engineers credit the City of Wilmington for this amount of riverine swamp
forest restoration credit (0.16 acres).
Installation of Dead Trees to Serve as Perches for Birds — To accelerate the restoration of the stream and
floodplain on the site, numerous trees will need to be removed. "It proposed that some of these trees be
stockpiled at the edge of the site and then erected on -site in the regraded floodplain to serve as bird perches.
It is expected that birds will then bring in seeds of native herbs, shrubs, and trees and deposited them
naturally across the site to help ensure a diverse vegetation community. It is expected that these tree snags
would be installed (and anchored appropriately) at approximately 400 foot intervals mostly at the edge of
the floodplain where overbank velocities will be less.
Soils Management —Topsoil from the site is a valuable resource that will be stripped, stockpiled nearby on -
site, and then replaced on the graded sites before planting of trees and shrubs. Based on a field investigation
done in January 2016, there are at least 6 inches of organic -rich topsoil in the relict and active floodplain on
the site. In contrast, the existing sewer easement has little to no organic soil layer. This organic layer overlies
fine or medium sandy loam soils in the floodplain. Removal and stockpiling this topsoil will be done in all
locations where soil thicker than one foot will need to be removed to restore the functioning floodplain. At
Moffatt & Nichol I Page 35

Clear Run Stream Restoration and Flooding Management Project
Draft Environmental Assessment
other locations, the soil will be shallowly ripped before planting of trees and shrubs in order to reduce
compaction.
Floodplain Depressions — Small depressions (approximately 100 square feet each) will be created randomly
throughout the site during the final site grading and topsoil replacement. The purpose of these depressions is
to simulate tree tip -up mounds that provide critical wetland habitat for amphibian reproduction. It is
expected that several dozen of these depressions will be created throughout the site.
Vegetation Management Adjacent to UNC-W Property — It is not clear whether the UNC-W property is being
actively managed with fire. If so, these fires will be allowed to periodically burn the planted sloped area
adjacent to the UNC-W property. The exiting access road along the sewer line can serve as a firebreak to
prevent any fires from entering the planted floodplain.
Vegetation Monitoring —To have this project be self -mitigating, the US Army Corps of Engineers will require
annual monitoring of vegetation as well as stream stability. Representative plots will be at semi -permanent
(fixed) locations. Vegetation data will be collected using the Carolina Vegetation Survey Level 2 Protocol (Lee,
et. al. 2008) with regard to percent survival and coverage for planted stems plus volunteer woody vegetation
at permanent locations throughout the site. This protocol recommends that for project with less than 4,000
linear feet of stream work, the sample plots account for 5% of the area of the project. Since each CVS plot is
10 m by 10 m, for our planted project area (of 208,008 mZ or 5.14 acres), a total of 10.4 plots would be
needed. Proposed sample plots should be distributed according to the percent of the site to be planted in
each of the four communities and the number of plots was then adjusted to result in at least two sample
plots per vegetation type in order to capture any variability in plant survival. Therefore, we suggest a total of
13 sample plots distributed as follows which will meet the 5% sampling standard:
• Bottomland hardwood forest (6 plots)
• Riverine swamp forest (2 plots)
• Slopes (3 plots)
• Streamside area (2 plots)
Species composition, density, and survival rates will be provided on an annual basis by plot and the entire
site. Individual plot data will be provided and will include diameter, height, density, vigor, damage, and
percent survival. Planted woody stems will be marked annually as needed to facilitate location of the stems
in subsequent years. In addition, the annual vegetation survey will involve a walk through the entire site and
identification of any locations that have problems with respect to vegetation such as invasive vegetation or
plant mortality. An annual, written report will be prepared and submitted to the Corps of Engineers for five
years and any problems found during monitoring addressed promptly. The Corps requirement of 260 stems
per acre survival for planted stems will be met after five years of monitoring. Results of the annual
monitoring provides will be used as part of the adaptive management approach listed below to meet this
standard.
Wetland and Stream Credits — Based on the vegetation planting and monitoring as well as the monitoring of
the structures in addition to the increase in stream length (from the higher sinuosity), we anticipate that this
project will be sufficiently self -mitigating to adequately offset the projected stream impacts. We also propose
Moffatt & Nichol I Page 36

Clear Run Stream Restoration and Flooding Management Project
Draft Environmental Assessment
(as described earlier), that there will be about 0.16 acres of riverine swamp forest credit that should be
available after vegetation monitoring. If the City is interested in determining the availability of other wetland
credits, a more intensive hydrologic monitoring plan will probably be required by the permitting agencies for
the portion of the site to be replanted as bottomland hardwood forest (potential of 3.16 acres of mitigation —
either restoration or creation credit).
Adaptive Management— In the event the mitigation site or a specific component of the mitigation site fails
to achieve the necessary performance standards as specified in the mitigation plan, the City of Wilmington
will notify the Corps of Engineers and work with the Corps and other interested agencies to develop
contingency plans and remedial actions.
Long-term Management — The City of Wilmington will hold the easement for the corridor where vegetation
will be planted and will be responsible for the long-term management of the site. It is expected that once
vegetation on the site has been successfully restored, annual management activities will be limited to
periodic inspections in response to complaints from local citizens for events such as removal of debris dams
from the channel. Any required management will be funded by the City of Wilmington from existing
maintenance budgets.
References:
Lee, Michael T., Peet, Robert K., Steven D., Wentworth, Thomas R. 2008. CVS-EEP Protocol for Recording
Vegetation Version 4.2. Available at: htt cvs.bio.unc.edu rotocol cvs-ee - rotocol-v4.2-Iev1-2, df
Schafale, M.P. 2012. GUIDE TO THE NATURAL COMMUNITIES OF NORTH CAROLINA: FOURTH
APPROXIMATION. North Carolina Natural Heritage Program, Department of Environment and Natural
Resources, Raleigh, NC.
Moffatt & Nichol I Page 37

Coastal Management
ENVIRONMENTAL QUALITY
May 10, 2017
Mr. John Dorney
Moffatt & Nichol
4700 Falls of Neuse Rd., Suite 300
Raleigh, NC 27609
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SUBJECT: CD16-023 Consistency Concurrence Concerning the Clear Run Branch Stream &
Floodplain Restoration Project, New Hanover County, North Carolina
(DCM#20170025)
Dear Mr. Dorney:
We received your consistency submission on March 2, 2017, concerning the City of
Wilmington's Clear Run Branch Stream and Floodplain Restoration Project in Wilmington,
New Hanover County, North Carolina.
North Carolina's coastal zone management program consists of, but is not limited to, the
Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of
North Carolina's Administrative Code, and the land use plan of the County and/or local
municipality in which the proposed project is located. It is the objective of the Division of
Coastal Management (DCM) to manage the State's coastal resources to ensure that proposed
activities requiring a federal permit would be compatible with safeguarding and
perpetuating the biological, social, economic, and aesthetic values of the State's coastal
waters.
DCM has reviewed the submitted information pursuant to the management objectives and
enforceable policies of Subchapters 7H and 7M of Chapter 7 in Title 15A of the North Carolina
Administrative Code and concurs that the proposed activity is consistent with North
Carolina's certified coastal management program.
Prior to the initiation of the activities described, the applicant should obtain any other
required State approvals or authorizations. Should the proposed action be modified, a
revised consistency determination could be necessary. This might take the form of either a
supplemental consistency determination pursuant to 15 CFR 930.46, or a new consistency
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

determination pursuant to 15 CFR 930.36. Likewise, if further project assessments reveal
environmental effects not previously considered by the proposed development, a
supplemental consistency certification may be required. If you have any questions, please
contact Heather Coats at [phone]. Thank you for your consideration of the North
Carolina Coastal Management Program.
cc: MHC Files
Wilmington Files
Sin
--I
ko
-
Daniel Go
Policy Analyst
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557
252 8082808

4700 Falls of Neuse Road, Suite 300, Raleigh,
NC 27609
[phone] Fax [phone]
moflaff &nlchol
MEMORANDUM
To: Brennan Dooley, Regulatory Specialist, US Army Corps of Engineers
From: John Dorn
j�V
Date: March 21, 2018
Subject: Additional information regarding Public Interest for the Clear Run Stream Restoration
and Floodplain Management Project, Wilmington, NC — SAW-2017-00266
M&N Job No.: 8341
In your email of March 12, 2018, you requested additional information about the Public Interest for the
Clear Run Stream Restoration and Floodplain Management Project, Wilmington, NC as well as some
other additional information. Below are our responses.
The potential for increased flooding and the Public Interest for the project to address that
flooding. As described in our original submittal (mainly the draft Environmental Assessment),
the three main elements for the Public Interest for this project are that the project will 1) reduce
the existing nuisance, storm -related flooding mainly at Mallard and College Acres Drives, 2) will
be designed to handle future higher stream flows once the planned stormwater measures are in
place to address existing local flooding in the commercial area along College Avenue and New
Center Drive, and 3) address the present severely eroding streambanks and reconnect the
stream to its restructured floodplain. These issues are outlined in the draft EA in sections 1.1
(Purpose and Need), 1.3 (Design Objectives), 2.0 (Alternatives) and 3.0 (Environmental Setting
and Potential Impacts). In particular, Section 2.0 (Alternatives) addressed various alternatives to
address these issues and concluded that the applicant preferred design in the only practical
alternative to address these issues. Section 3.0 (Environmental Setting and Potential Impacts)
clearly shows the existing instability of the channel and the associated ecological degradation.
Flooding issues (both present and future) are addressed in detail in Sections 3.2.3 and 3.10.
Please note that the chronic flooding in the upper watershed occurs as a result of significantly
undersized drainage infrastructure there. The imperative improvements to that infrastructure
cannot be implemented until the stream and floodplain in the lower half of have been restored
and given sufficient capacity to convey those flows with stable dimension, pattern, and profile.
So not only will the improvements to the stream and floodplain reduce flood elevations,
increase channel stability, and improve ecosystem functions in the lower watershed, they will
create the opportunity to alleviate the chronic nuisance flooding in the upper watershed.

Brennan Dooley
March 21, 2018
M&N #: 8341
Memorandum
2. The type of permit being requested from FERC. We have applied to FEMA for a LOMR permit.
3. The status of the City of Wilmington acquiring the drainage easements. We have provided the
proposed easement limits to the City to have them surveyed. A letter will be sent to the
homeowners soon to notify them of the beginning of the surveying process.
Thank you in advance for your continued careful review of our application. If you have additional
questions, please contact me at [e-mail] or by phone at 919-781-4626.
Cc: David Mayes, City of Wilmington

Water Resources
ENVIRONMENTAL QUALITY
August 1, 2017
City of Wilmington
Attn: Mr. Sterling Cheatham
P 0 Box 1810
Wilmington, NC 28402
ROY COOPER
o,'
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Direcloi
D W R # 17-0175 v2
New Hanover County
Subject: Approval of Individual 401 Water quality Certification with Additional Conditions —
Conditions Modification
Clear Run Stream Restoration
USACE Action ID. No. SAW-2017-00266
Dear Mr. Cheatham:
Attached hereto is a copy of Certification No. 4114 issued to City of Wilmington, dated August 11
2017. This Certification replaces the Certification issued on April 24, 2017 to modify conditions #2,
7 and 9. Please note that you should get any other federal, state or local permits before
proceeding with the subject project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
State oFNorth Carolina � Enviromnental Quality � Water Resources
1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919 807 6300

Mailing address for the Mi.
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
City of Wilmington
DWR# 17-0175 v2
Individual Certification #4114 Conditions Modification
Page 4010
If sending via delivery service (UPS, FedEx, etc/:
Office of Administrative Hearings,
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 276994601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Coburn at 910-796-7379 or chad.coburn ncdenr.gov or
Jennifer Burdette at 919-807-6364 or jennifer.burdette ncdenr.gov if you have any questions or
concerns.
Sincerely,
L
Karen Higgins, Supervisor
✓` 401 &Buffer Permitting Branch
cc: Jason Doll, Moffatt &Nichol (via [e-mail])
John Dorney, Moffatt &Nichol (via [e-mail])
USACE Wilmington Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
Heater Coats, DCM (via [e-mail])
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 170175v2CIearRunStreamRestoration(NewHanover)_401_IC_CondMod.docx

City of Wilmington
DWR# 17-0175 v2
Individual Certification #4114 Conditions Modification
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4114 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to City of Wilmington, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on
February 9, 2017, by Public Notice issued by the U. S. Army Corps of Engineers and received by the
Division on February 24, 2017, and a request to modify certain conditions of the Certification
dated June 7, 2017 and received by the Division on June 13, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(b) & (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Perennial Stream — Culvert
410 (linear feet)
0 (linear feet)
Perennial Stream —
Restoration
2,500 (linear feet)
0 (linear feet)
Perennial Stream —
Enhancement
500 (linear feet)
0 (linear feet)
2. Compensatory Mitigation
You have our approval for your proposed final stream mitigation plan received by the
Division on February 9, 2017. The restored/ enhanced stream must be constructed,
maintained, and monitored according to the plans approved by this Office. Any repairs or
adjustments to the site must be made according to the approved plans or must receive
written approval from this Office. This mitigation plan is only approved for credits towards
the impacts approved in this certification. [15A NCAC 02H .0506 (b)(6)]

City of Wilmington
DWR# 17-0175 v2
Individual Certification #4114 Conditions Modification
The permittee will provide on -site supervision of stability work including, but not limited to
bank re -sloping, culvert installation, in -stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual. [15A NCAC 02H .0506(b)(2)]
Natural fiber matting is recommended for streambank stabilization over plastic matting that
can entrap small animals. [15A NCAC 02H .0506(b)(2)]
Visual monitoring of the restoration/enhancement project shall be conducted at a minimum
of quarterly for the first year or two bankfull events (whichever is longer), and then annually
until the site is stable (particularly after storm events) and vegetation is successful per the
monitoring plan provided in the application. Any failures of structures, stream banks, or
vegetation may require future repairs or replacement, which requires coordination with the
Wilmington Regional Office to ensure the stability and water quality of the stream and
downstream waters. Annual reports of vegetation and stream stability monitoring and
adaptive management activities shall be submitted to the Division on or before June 1st of
each year. The applicant may request to discontinue monitoring after five years provided the
Division determines that the site is stable and vegetation is successful. [15A NCAC 02H
0506(b)(2)]
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application for this project. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
certification. [15A NCAC 02H .0501 and .0502]
4. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased borrow pits associated with the
project
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.

City of Wilmington
DWR# 17-0175 v2
Individual Certification #4114 Conditions Modification
Page 5 of 8
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971,
d, Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times,
5, Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project, [15A NCAC 02H
.0501 and .0502]
6. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at,
http://portal.ncdenr,org/web/wq/ws/su/npdessw#tab-w, [15A NCAC 02H .0506(b)(5) and
(c)(5)]
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
The Division approves plans to utilize apump-around process in which the flow in the channel
will be pumped around the section of the stream being reconstructed. This process will work
sequentially up or down the stream channel and will end on any particular segment when the
channel and adjacent floodplain have been cleared, graded, construction completed, and
stabilization measures installed.

City of Wilmington
DWR# 17-0175 v2
Individual Certification #4114 Conditions Modification
Page 6 of 8
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
9. Placement of Culverts and Other Structures in Waters and Wetlands f 15A NCAC 02H
.0506(b)(2) and (c)(2)1
Culverts required for Mallard Drive crossing shall be installed in such a manner that the original
stream profiles are not altered beyond slight regrading of the channel above and below the
crossing to transition the channel into and out of the culvert and to allow for aquatic life
movement during low flows. Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) must be maintained above and below locations of
each culvert. This condition does not apply to the culvert associated with the College Acres
Drive crossing, above which there will no longer be an open channel.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. Additionally, when roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
10. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
11. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]

City of Wilmington
DWR# 17-0175 Q
Individual Certification #4114 Conditions Modification
Page 7 of 8
12. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]
13. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
14. Continuing Compliance
City of Wilmington shall conduct construction activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal
law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification. Before modifying the Certification, the
Division shall notify City of Wilmington and the U.S. Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to City
of Wilmington in writing, shall be provided to the U.S. Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
15. This approval is for the purpose and design described in your application and as described in
Me Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
16. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 &Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
17. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentialsto enter the property
during normal business hours. [15A NCAC 02H .0502(e)] ,

City of Wilmington
DWR# 17-0175 v2
Individual Certification #4114 Conditions Modification
Page 8 of 8
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02 H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 1st day of August 2017
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
4114