20100742 Ver 1_401 Application_20110611

Kidey-Hom
and Associates, Inc.
June 2, 2011
Mr. Ian McMillan
NC Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Re: Nationwide Permit 27 Minor Modification
USACE Action ID # 2010-0689, DWQ# 10-0742
Cedar Avenue Stream and Wetland Rehabilitation Project
Wilmington, NC
Dear Mr. McMillan:
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
1C@ [N -0,
JUN 7 2011
DENR - nyA
I M??J_. o ...
On behalf of the City of Wilmington, Kimley-Horn and Associates, Inc. (KHA)
submitted on April 21, 2011 a request for a minor modification to construct the
above reference project under Nationwide Permit Number 27 to DWQ and USACE.
The change submitted was a slight re-alignment of the stream and side tributary to
address some land owner issues. There were no changes to the impacts or stream
design parameters. Through mail correspondence and telephone conversations with
Ms. Karen Higgins on May 10, 2011, May 12, 2011 and May 17, 2011, it was
requested that a new $570 application fee, revised PCN noting minor changes and
two (2) full size plan sets be submitted to process minor modification request.
Additionally on May 18, 2011, Ms. Emily Hughes with USACE approved the minor
modification request to allow the slight re-alignment of the stream and side tributary
as proposed given that there are no changes to the overall impacts of the project.
Please find attached the following items for your review:
• One (1) check in the amount of $570 for re-submittal application fee
• Five (5) revised PCN applications with revisions to sections 3i, 5a and 5b
• Two (2) full size sets of construction plans
• One (1) copy of Ms. Emily Hughes email correspondence of approval of
minor modification request.
Io-0'1ya up
¦
TEL [phone]
FAX [phone]
r MM n a'Z" y-Horn Associate
and s, Inc.
If there is any additional information you need, or if you have any questions, please
do not hesitate to contact me at [phone].
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
-J xv 1
Todd St. John, P.E.
Enclosures
Cc: Mr. David B. Mayes, City of Wilmington
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information u s AL T Th
1. Processing
1 a. Type(s) of approval sought from the
Corps: •
® Section 404 Permit ? Section 10 Permit •??" " '""'?

M
1 b. Specify Nationwide Permit (NWP) number: NW 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: City of Wilmington - Cedar Avenue Outfall Improvements
2b. County: New Hanover
2c. Nearest municipality / town: Wilmington
2d. Subdivision name: None
2e. NCDOT only, T.I.P. or state
project no: None
3. Owner Information
3a. Name(s) on Recorded Deed: City of Wilmington
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable): Sterling B. Cheatham, City Manager (c/o Dave Mayes)
3d. Street address: 205 Chestnut Street
3e. City, state, zip: Wilmington, NC 28402
3f. Telephone no.: 910) 341-5880
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page I of 12
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Todd St. John
5b. Business name
(if applicable): Kimley-Horn and Associates, Inc.
5c. Street address: 3001 Weston Parkway
5d. City, state, zip: Cary, NC 27513
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Site coordinates (in decimal degrees):
1 b Latitude: 34.21774 Longitude: - 77.88791
. (DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 1.02 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Burnt Mill Creek/Sweet Water Branch
proposed project:
Burnt Mill Creek is classified as Class C, Swamp Waters
2b. Water Quality Classification of nearest receiving water: (C,Sw). This system is also listed on the NCDWQ
303(d) list for impaired waters (2006).
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project is located west of the intersection of S. Kerr Avenue and Cedar Avenue. General land use in the project
vicinity is both residential and commercial. The project is bordered to the north and west by residential developments and
to the south and east by commercial developments including a paint store, cleaners, and barbeque restaurant. Areas
along the southern reach of the stream channel have been previously cleared and are now primarily dominated by
invasive species such as kudzu and winged sumac. A small private garden is located directly adacent to the southern
portion of the channel along the western bank. The northern reach of the channel has a single row of trees along the
banks. The remaining buffer is maintained lawn.
3b. List the total estimated acreage of all existing wetlands on the property:
none
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
600
3d. Explain the purpose of the proposed project:
The purpose of the project is to relieve flooding od College Road and improve water quality in the Burnt Mill Creek
watershed.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project seeks to restore approximately 600 feet of naturally functioning stream and riparian system to restore habitat
functions and improve water quality.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: See attached JD Map and preliminary JD
4b. If the Corps made the jurisdictional determination, what type
®Preliminary? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn and
Associates, Inc.
Name (if known): Todd St. John, P.E. Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
February 18, 2010.
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The original 404/401 Permit application was submitted on September 8, 2010 to DWQ and USACE. DWQ issued a Water
Quality Certification on October 15, 2010 (DWQ Project # 10-0742) and USACE issued a permit on September 20, 2010
(Corps ID 2010-00689). This permit application is being submitted as a minor modification due to a slight re-alignment of
the stream and side tributary to address some land owner issues.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T restoration UT to Burnt Mill
Creek ® PER
? INT ® Corps
® DWQ 7 533
S2 ? P ® T enhancement UT to Burnt Mill
Creek ? PER
® INT ® Corps
® DWQ 2 60
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 593
3i. Comments: The slight re-alignment does not result in any changes to the impacts or stream design parameters.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporary T im act
131 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The intent of the project is to restore natrual functions to a highly degraded stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project will make use of appropriate erosion control including a pump around to minimize any sediment loss from the site
during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

El Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project will not increase impervious
cover (BUA). Additionally, as part of the restoration, floodplain depressions are proposed to assimilate stormwater prior to
it reching the stream. These measures will be retrofits that will address existing, untreated imperious cover. This project is
also exempt from the Coastal Stormwater Law since it is not considered to be development and will not increase BUA.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Wilmington
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
This project will not generate wastewater.
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The U.S. Fish and Wildlife Threatened and Endangered Species list for New Hanover County (08/05/2009) and the
Natural Heritage Program online database were reviewed (09/17/2009) in order to determine whether the project would
impact federally endangered or threatened species or Designated Critical Habitat. No habitat for any federally listed
species or documented occurances of federally listed species occurs within the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The National Marine Fisheries online database for Essential Fish habitat (EFH) was reviewed (09/17/2009) in order to
determine if the project would impact EFH. Hewlett's Creek is the closest listed location designated as EFH. Hewlett's Creek
is approximately 1.3 miles southeast of the proposed project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The N.C. State Historic Preservation mapping was reviewed (05/20/2008) in order to determine if any historical resources
are located in the project vicinity. The closest historical resource is located approximately 0.4 miles to the west and will
not be impacted by the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Federal Emergency Flood Insurance Rate Map Panel
3107J (Effective 06/02/2006) was reviewed in order to determine if the project was located in the 100-year floodplain.
The project is located in Zone X, or the 500-year floodplain.
Sterling B. Cheatham, City qol ?; 1920
Manager
Applicant/Agent's Signature Date
Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant
Page 11 of 12
PCN Form - Version 1.3 December 10, 2008 Version
I I is provided.)
Page 12 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Murrell, Cathy
Subject: FW: Cedar Avenue Stream Rehabilitation Project (UNCLASSIFIED)
-----Original Message-----
From: St John, Todd
Sent: Wednesday, May 18, 2011 3:54 PM
To: Hughes, Emily B SAW
Cc: Dave.Mayes(&wilmingtonnc.gov; [e-mail]; Murrell, Cathy
Subject: RE: Cedar Avenue Stream Rehabilitation Project (UNCLASSIFIED)
Emily,
Thanks!
todd
-----Original Message-----
From: Hughes, Emily B SAW (mailto:Emily.B.HuRhesousace.army.mil1
Sent: Wednesday, May 18, 2011 3:52 PM
To: St John, Todd
Cc: Dave.Ma es wilminRtonnc.gov; [e-mail]
Subject: RE: Cedar Avenue Stream Rehabilitation Project (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Todd,
In response to your request for a minor modification to the NWP 27 issued to you 9/20/2010,
you are authorized to make a slight re-alignment of the stream and side tributary as proposed
given that there are no changes to the overall impacts of the project.
Thank you,
Emily Hughes
Classification: UNCLASSIFIED
Caveats: NONE
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