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HomeMy WebLinkAbout20211736 Ver 1_CAMA Application_20211130DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: City of Wilmington c/o Jeffrey Troutman 2. LOCATION OF PROJECT SITE: Between 5601 Marsh Bay Drive and 6424 Hawks Bill Drive on Hawks Bill Drive, adjacent to the AIWW, in New Hanover County. Latitude: 34'11'56.32" N Longitude: 77°49'38.80" W 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/2/21 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 11/19/2020 401 WQC Pre -File Date — 10/6/2021 (No Longer Applicable) Complete Date — 11/18/21 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PTA, CW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned -- N/A (F) Type of Structures: Existing — Public roadway, culvert Planned — Install bulkhead along north and south side of roadway, with Coastal Wetland and §404 impacts, and replace existing culvert with concrete box culvert (G) Estimated Annual Rate of Erosion: NIA Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 16 SF (coastal) 1476 SF (coastal) 561 SF (§404) B Non e etated Wetlands (Open water (C) Other (highground) 1 431.25 SF —600 SF (spoil) (D) Total Area Disturbed: 3,084.25 sq. ft. (0.07 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No (G) Estimated Annual Rate of Erosion: NIA Source - NIA 8. PROJECT SUMMARY: The applicant proposes to install a bulkhead on the north and south side of the project area with Coastal Wetland and §404 impacts, replace the existing 36" culvert with a 4'x6' box culvert to stabilize the public road, and repair the existing public road. City of Wilmington, Page 2 9. PROJECT DESCRIPTION: The project site is located in between 5601 Marsh Bay Drive and 6424 Hawks Bill Drive on Hawks Bill Drive in New Hanover County. To locate the project site from the Wilmington Regional Office (WIRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Turn right onto Military Cut -Off Road and travel south approximately 1.3 miles until you reach Greenville Loop Road. Turn left onto Greenville Loop Road and travel approximately 0.7 miles south until you reach Turtle Hall Drive. Turn left onto Turtle Hall Drive and continue for 0.3 miles until you reach Hawks Bill Drive. Turn right onto Hawks Bill Drive for approximately 0.3 miles. The project site is the roadway over the wetlands past 5601 Marsh Bay Drive before reaching 6424 Hawks Bill Drive. The elevation of the public road at the project site is approximately 5-6' above Mean High Water (MHW). Existing development includes a public paved roadway with wooden guardrails and a 36" reinforced concrete stormwater pipe underneath the roadway. There is existing riprap underneath the roadway slab. Highground vegetation consists of lawn grasses and shrubs. §404 and Coastal Wetlands surround the project site consisting primarily of Saltmeadow cordgrass (Spartina patens), Black needle rush (Juncus roemarianus) Smooth cordgrass (Spartina alterniora) within the city of Wilmington's roadway easement. The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. The waters in this location are classified as SA -HQ W by the Division of Water Quality. The area is designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and is CLOSED to the taking of shellfish. 10. PROPOSED PROJECT: The applicant proposes to install a bulkhead on the north and south side of the project area with Coastal Wetland and §404 impacts, replace the existing 36" culvert with a 4'x6' box culvert to stabilize the public road, and repair the existing public road. An approximately 400' long by 2.5' wide vinyl bulkhead would be installed along the north side of the Hawksbill Drive project site and an approximately 400' long by 2.5' wide bulkhead would be installed along the south side within the city owned right of way and easement. According to the applicant, the embankment failure along the roadway is compromising the safety of the public roadway. The bulkheads would be placed an average of 2' waterward of MHW with a maximum distance of 4' below MHW on both the north and south side of the roadway. The installation of the new bulkhead would result in the filling of an area of Coastal Wetlands measuring approximately 590' long by 2.5' wide for a total of 1,476 sq. ft. The installation of the new bulkhead would also result in the filling of an area of §404 Wetlands measuring approximately 224' long by 2.5' wide for a total of 561 sq. ft. The applicant proposes to backfill the proposed bulkhead with 457 stone to stabilize the public road (See Sheet 2.0 of 9). The applicant also proposes to remove the existing 36" wide by 33' long round culvert underneath the roadway and replace it with a 4' tall x 6' wide box culvert that is 25' long (See Sheet 2.0 of 9). The application narrative states that this is listed as an alternate currently for planning purposes. The proposed box culvert would be placed in the existing footprint at the existing elevation. Approximately 37 cubic yards of material would be excavated below NHW, in an area measuring 33' long by 13.25' wide by 2.25' deep, for the installation of the gravel bed to support the proposed culvert. The application states that 16SF of Coastal Wetlands would also be excavated for the installation of the gravel bed and 80cy of highground would be excavated, in an area measuring 25' long by 17.25' wide by 6' deep, for the installation of the box culvert to improve flow under the roadway. The applicant has not provided a spoil location, but the application states the contractor will be responsible to meet all requirements for an approved, upland spoil disposal location. Most of the proposed culvert work would be conducted from the existing roadway, but wood or steel mats are proposed for any work in wetlands areas to minimize wetland impacts. The applicant proposes to replace the existing timber guardrail in the same footprint over top of the paved road, as well as repair any cracks in the road as needed. 11. ANTICIPATED IMPACTS: The proposed project would fill approximately 1,476 sq. ft. of Coastal Wetlands, fill approximately 561 sq. ft. of §404 wetlands, excavate approximately 16 sq. ft. of Coastal Wetlands, and excavate 431.25 sq, ft, of highground. The proposed bulkhead would be placed an average of 2' and a maximum of 4' waterward of MHW, which would fill approximately 456 sq. ft. of Estuarine Waters. There is no new impervious proposed. Wooden or steel mats are proposed for any work within wetland areas. Turbidity curtains are also proposed to be installed along the perimeter of the project area prior to any construction activity. Submitted by: Bryan Hall Date: 11/29/2021 Office: Wilmington APPLICATION FOR MAJOR DEVELOPMENT PERMIT NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT HAWKS BILL DRIVE EMBANKMENT ROADWAY REPAIRS CITY OF WILMINGTON PROJECT NARRATIVE Hawks Bill Drive is an existing roadway within the Turtle Hall Subdivision in New Hanover County. The roadway is within the City of Wilmington (City) and thus maintained by the City. The roadway is located within an existing easement/right-of-way within the subdivision The existing embankment for the roadway is experiencing failure in multiply locations which is compromising the safety of the roadway for the residents and guests (public) of the community. The City plans to make the repairs/improvements described below. The City plans to install a new vinyl cutoff wall (bulkhead) along each side of the roadway. The failing embankment areas will be repaired, and the area filled between the existing embankment and the new cutoff wall. This will protect the roadway from future failure and protect the traveling public in the area. The City will repair the cracks in the existing roadway during the project. The City may also remove the existing 36" reinforced concrete pipe under the roadway and replace it with a 4' x 6' concrete box culvert. This will improve the flow under the roadway area. This is also listed as an alternate now for planning purposes. To protect the sensitive environment in the area turbidity curtains will be installed on the perimeter of the project prior to the start of any construction activity. Wooden or steel mats will be used for the construction equipment utilizing the marsh area along the southern side of the roadway. The project is not adding any impervious surface and disturbing only approximately 19,700 sf (0.45 acres) of area therefore a Stormwater Management Plan is not required. The project will impact approximately 1,492/- SF of impact to the Coastal Wetlands (CW) and approximately 561+/- SF to the 404 wetlands by filling between the proposed sheet pile wall and existing roadway embankment with clean #57 stone backfill. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED OCT o 8 2021 DCM WIL.MINGTON, NC DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name City of Wilmington 4ppliq nt 1: First Name Applicant 2: First N If additional applicants, please attach an additional page(s) with names 1 Mailing Address PO Box 1810 ZIP Country Phone No. 2$402 USA 91 t Street Address (if different from above) Email sterag.cheatham@ wiImingtonnc.gov Project Name (if applicable) Hawks Bill Drive Embankment Roadway Repairs Last Narry� Last Name sted. PO Box City State Wilmington NC FAX No. -341-5881 ext. City State ZIP 2. Agent/Contractor Information Business Name Criser Trautman Tanner Consulting Engineers Agent/ Contractor 1: First Name MI Last Name David E Criser Agent/ Contractor 2: First Name MI Last Name Jeffrey R Troutman Mailing Address PO Box City State 3809 Peachtree Ave. Suite 102 Wilmington NC ZIP Phone No.1 28403 Phone No. 2 910 - 397 - 2929 ext. oxi. FAX No. Contractor # Street Address (if different from above) City State ZIP Email dcriser@ardurra.com and jroutman@ardurra.com RECEIVED <Form continues on back aU o 8 zoo, DGM WILMINGTON, NC - C'1vt?3li'ir Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover Near 6424 Hawks Bill Drive Subdivision Name City State Zip Wilmington NC 28409- Phone No. Lot No.(s) (if many, attach additional page with list) - ext. I I , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. LNNatural ❑Manmade ❑Unknown Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed MYes ❑No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 0 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5-6 feet ❑NHW or ®fdWE (ML.W) e. Vegetation on tract Marsh grass, grass, shrubs: spartina alterniflora, distichlis sop., juncus roemarianus, limonium spp., salicornia spp. and spartina patens. f. Man-made features and uses now on tract Road/Embankment g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Roadway (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes E]No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ��� National Register listed or eligible property? �-{ ��� <Form continues on next pages OCT 0 8 2021 DCM WILMINGTON, NG :. 1•e'8F(-41"F,0!ie'1' % �11� .3,c.cr. ",'�-k�'�I;, ,,: z �1*. . ,;r'.,�. Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? EjYes ❑No (14) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) Wetlands & land use indicated on the plans n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA p. Describe existing storm water management or treatment systems. Road drains to marsh, existing 36" culvert connects marsh under road 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Embankment repairs to causeway road to residential community. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Wood or steel mats will be placed in the marsh area, sheet pile driving equipment, front end loader(s), dump trucks, pickup trucks and miscellaneous equipment will be utilized. Turbidity curtain will be installed, mats placed, new bulkhead walls installed and the roadway repaired. Turbidity curtain & temp. mats removed upon completion of project. d. List all development activities you propose. Repairs/improvements to stabilize the side slopes of the existing roadway embankment, which supports the concrete slab of causeway by the installation of cantilevered vinyl sheet pile walls along each side of the causeway and backfilled with clean stone backfill, which will impact approx. 1,492+/- SF of coastal wetlands (CW) and approx. 561 SF of 404 wetlands. e. Are the proposed activities maintenance of an existing project, new work, or both? New work towards maintenance of an existing road f. What is the approximate total disturbed land area resulting from the proposed project? 19,700 ©Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway w other area ®Yes ❑No ❑NA that the public has established use of? Maintenance with roadway/Causeway area h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? INYes ❑No ❑NA The road drains to the marsh - same as existing. If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑ j. Is there any mitigation proposed? ❑Yes ❑x No ❑NA If yes, attach a mitigation proposal. Note that a tem orar turbidit barrier curtain (Type II) will be d construction activity. uk. i V U LUL I <Form continues on backer DCM WILMINGTON NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) -- (f) are always applicable to any ma/or development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address See attached list Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permil numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. N/A L Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N/A rk.Atatement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-t0), if necessary. If the project involves expenditure ublic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. T Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name -City Manag City of Wilmington Signature Please indicate application attachments pertaining to your proposed project. [NDCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information OCT o 8 2021 DGM WILMINGTON, NC Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be suretocomplete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg, Existing NA NA NA Depth Final Project NA NA NA Depth 1. EXCAVATION ElThis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. (i) Does the area to be excavated include coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL p This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Wli a disposal area be available for future maintenance? [--]Yes []No DNA ❑Yes ❑No ❑NA (i) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposat in these areas: f. (i} Does the disposal include any area in the water? ❑Yes ❑Nc ❑NA (ii) if yes, how much water area is affected? RECEIVED OCT 0 S 2021 DCM WILMINGTON, NC 0S-V3;)V .--14%?0— ;P,r,,-3r:s FOYhi 0CM IVIPF2 (Esccavatfon and Fill, ;gage 2 oa 2) 3. SHORELINE STABILIZATION ❑ This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 810 LF ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 2 FT e. Type of stabilization material: vinyl sheet pile, backfilled with #57 stone g. Number of square feet of fill to be placed below water level. Bulkhead backfill456 SF Riprap Breakwater/Sill Other I. Source of fill material. offsite, approved mine facility Width: 2.5 LF d. Maximum distancewalerward of NHW or NWL: APPROX. 4 FT f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. #57 stone (backfill) 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? LJYes ❑No LJNA b. If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill (i) Will fill material be placed in coastal wetlanoslmarsn (cw), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erasion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Vinyl sheet pile wall will be installed first, then fill Sheet pile driving equipment (crane), front end loader and material can be placed from the roadway area. c. (i) Will navigational aids be required as a result of the project? ❑Yes ❑x No ©NA (ii) If yes, explain what type and how they will be implemented. �a Date Project Name Hawks Bill Drive Embankment Roadway Repairs dump truck d. (i) Will wetlands be crossed in transporting equipment to project site? ❑x Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Turidity curtains (Type II) will be installed priorto any disturbance. Wooden or steel mats will be used for equipment to cross marsh area, laid over top of Applicant Namo, RECEIVED y of Wilmington plicant Signature DCM NfILMINGTON, NC Form ACM MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-9. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 9. BRIDGES ®This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑PubliclGovernment ❑PrivatelCommunity c. Type of bridge (construction material): d. Water depth at the proposed crossing at NLW or NWL: e. (i) Will proposed bridge replace an existing bridge? ❑Yes ❑No f. (i) Will proposed bridge replace an existing culvert? ❑Yes ❑No If yes, If yes, (ii) Length of existing bridge: (ii) Length of existing culvert: (iii) Width of existing bridge: (iii) Width of existing culvert: (iv) Navigation clearance underneath existing bridge: (iv) Height of the top of the existing culvert above the NHW or (v) Will all, or a part of, the existing bridge be removed? NWL: (Explain) (v) Will all, or a part of, the existing culvert be removed? (Explain) 9. Length of proposed bridge: h. Width of proposed bridge: I. Will the proposed bridge affect existing water flow? ❑Yes ❑No j. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? ❑Yes ❑No If yes, explain: k. Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ❑No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: waters? [--]Yes [--]No If yes, explain: 2. CULVERTS El This section not applicable a. Number of culverts proposed: 1 b. Water body in which the culvert is to be placed: Wetlands connected to the Intracoastal Waterway gECEIVED S 10?1 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised:10126106 DGM WILMINGTON, NC Form ACM MP-5 (Bridges and Culverts, Page 2 of 4) e. Form continues on backs c. Type of culvert (construction material): Concrete d. (i) Will proposed culvert replace an existing bridge? ❑Yes ®No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert 25 ft h. Height of the top of the proposed culvert above the NHW or NWL 3.33 ft above MLW j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ©No If yes, explain: Not navigable now or after eroiect e. (1) Will proposed culvert replace an existing culvert? Yes ❑No If yes, (ii) Length of existing culvert(s): 33 ft (iii) Width of existing culvert(s): 3 ft diameter (iv) Height of the top of the existing culvert above the NHW or NWL: 2.61ftabove MLW (v) Will all, or part of, the existing culvert be removed? (Explain) All of the existing culvert will be removed g. Width of proposed culvert: 6 ft i. Depth of culvert to be buried below existing bottom contour. "0" - The invert of the new culvert will be placed at the existing elevations. k. Will the proposed culvert affect existing water flow? DYes ❑No If yes, explain: Proposed culvert will increase the volume of water allowed through the embankment. 3. EXCAVATION and FILL [I This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ®Yes ❑No If yes, (ii) Avg. length of area to be excavated: 33 ft (iii) Avg. width of area to be excavated: 13.25 ft (iv) Avg. depth of area to be excavated: 2.25 ft (v) Amount of material to be excavated in cubic yards: 37 c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? [S]Yes ❑No If yes, (ii) Avg. length of area to be excavated: 25 ft (iii) Avg. width of area to be excavated: 17.25 ft (iv) Avg. depth of area to be excavated: 5 ft (v) Amount of material to be excavated in cubic yards: 80 b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (S13), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW 16 ❑SAV ❑SB ❑WL 0 ❑None (ii) Describe the purpose of the excavation in these areas: Excavation for the installation of the gravel bed to support the new prefab concrete box culvert. RECEIVED NOV 18 20?.I 252-808.2808 :. 1-888-4RCOA5T :: www.nccoastaimana ement.net t. ' ievised: 1412'6f06 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: Contractor responsible to meet all local and state disposal requirements for disposal of material at an approved, permitted, upland location. (ii) Dimensions of the spoil disposal area: NIA (iii) Do you claim title to the disposal area? ❑Yes ONo (If no, attach a lettergranting permission from the owner.) NIA (iv) Will the disposal area be available for future maintenance? ❑Yes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV ❑WL ❑SB RNone If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW of NWL? ? ❑Yes MNo If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes MNo If yes, (ii) Avg, length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ONone (ii) Describe the purpose of the excavation in these areas: g, (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ❑Yes ®No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? []Yes MNo detour structures? ❑Yes ONo If yes, explain: If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. _ (w F.IV E < Form continues on back NOV JCM WII_MINGTON, NG 252.808-2808 :: 1.888•4111GOAST :: www.iiccoastalmana ement.net revised: 10126106 Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) c. Will the proposed project require any work channels? [-]Yes ONo lfyes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Crane, frontend loader, dump trucks g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes ®No if yes, complete form MP-2, Section 3 for Shoreline Stabilization only. Date ZA Project Na4, Hawks Bill Drive Embankment Roadway Repairs Applicant Name City of Wilmington Applicant Signet d. How will excavated or fill material be kept on site and erosion controlled? Any excavated material will be placed in dumptrucks and hauled offsite. All stone fill will be placed after turbidity barriers and sheet piles have been installed. f. Will wetlands be crossed in transporting equipment to project site? ❑x Yes []No If yes, explain steps that will be taken to avoid or minimize environmental impacts. Wooden or steel mats will he utilized to minimize — the construction impact. Most work on the culvert Will e from the existing roadway. RECENF-D NOV 18 2-11% 1 OCIV, WILMINGTON NC; 252-808-2808 :: 1.888-4RCOAST www.nccoastalmanagement.net revised- 10/26/06 DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address: * Is this a transportation project?* Type(s) of approval sought from the DWR: Jeffrey Troutman jroutman@ardurra.com City of Wilmington Hawks Bill Drive Embankment Roadway Repairs New Hanover Street Address PO Box 1810 Address Line 2 City Wilmington Postal ! Zip Code 28402 Yes No State 1 Province 1 Region NC Country United States s0 '� NORTH CAHOLINA Fn,1 o menrafQuariry 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#? Yes No Do you know the name of the staff member you would like to request a meeting with? Bryan Hall RECEIVED OCT 0 8 2u7' DOW WILMINGTON, NC. Please give a brief project description below and include location Information.' Hawks Bill Drive is an existing roadway within the Turtle Hall Subdivision in New Hanover County. The roadway is within the City of Wilmington (City) and thus maintained by the City. The roadway is located within an existing ease mentlright-of-way within the subdivision The existing embankment for the roadway is experiencing failure in multiply locations which is compromising the safety of the roadway for the residents and guests (public) of the community. The City plans to make the repairs/improvements described below. The City plans to install a new vinyl cutoff wall (bulkhead) along each side of the roadway. The failing embankment areas will be repaired, and the area filled between the existing embankment and the new cutoff wall. This will protect the roadway from future failure and protect the traveling public in the area. The City will repair the cracks in the existing roadway during the project. The City may also remove the existing 36" reinforced concrete pipe under the roadway and replace it with a 4' x 6' concrete box culvert. This will improve the flow under the roadway area. This is also listed as an alternate now for planning purposes. To protect the sensitive environment in the area turbidity curtains will be installed on the perimeter of the project prior to the start of any construction activity. Wooden or steel mats will be used for the construction equipment utilizing the marsh area along the southern side of the roadway. The project is not adding any impervious surface and disturbing only approximately 19,700 sf (0.45 acres) of area therefore a Stormwater Management Plan is not required. The project will impact approximately 1,4921- SF of impact to the Coastal Wetlands (CW) and approximately 561+1- SF to the 404 wetlands by filling between the proposed sheet pile wall and existing roadway embankment with clean 457 stone backfill. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* � �G�����RECEIVED'I.��rf.I,� ll�;'RR; OCT 0 8 LN21 Submittal Date 10/6/2021 UCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Jeffrey Troutman 3809 Peachtree Ave. Suite 102 Wilmington, NC 28403 Dear Mr. Troutman, NORTH CAROLINA Environmental Quality November 29, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the City of Wilmington, for State approval for development of the subject property located at between 5601 Marsh Bay Drive and 6424 Hawks Bill Drive, adjacent to the AIWW in New Hanover County. It was received as complete on November 18, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 1, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 18, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Bryan Hall Field Representative cc: Cameron Luck, DCM Holley Snider, DWR Anthony Caudle, Applicant USACE Kim Harding, DMF Christine Bouffard, LPO Kathryn Thurston, City of Wilmington North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 30, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • City of Wilmington NORTH CAROLINA Environmental Quality Hello: Please publish the attached Notice in the Sunday, December 5, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter me at our Wilmington office. cc: MHC Files Cameron Luck — MHC USACE you should have any questions, please contact ;-Cerely, i TanvA 1k. Pietila ng Support & Customer Assistance D Q �� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 2ii405 nar�n-i cwva_iru /� 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 29, 2021, the City of Wilmington proposed to install a bulkhead that will result in Coastal Wetland impacts, replace an existing 36" culvert w/ a 4' x 6' box culvert & repair the existing public roadway between 5601 Marsh Bay Dr. & 6424 Hawks Bill Dr., adj. to the AIWW in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 26, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. D � North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 riCP Ca NA �P� r�.amm wiry 910.796.7215 Electi-oWcally Ti-ansmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00608 County: New Hanover U.S.G.S, Quad: NC- Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINA N Requestor: City of Wilmington DECEIVED Sterling Cheatham Address: P.O. Box 1810 AUG � 0 m.,1 Wilmington, NC 28402 E-mail: Sterline.Cheathamnawilminetonnc.gov 0CM Wit.MING-rON, NC Size (acres) 0.56 Nearest Town Wilmington Nearest Waterway ICW River Basin Onslow Bay USGS HUC 03030001 Coordinates Latitude: 34.199043 Longitude:-77.827450 Location description: The project area is located alone the Hawksbill Causeway over an unnamed tributary of the Intracoastal Waterway just south of Towles Road in Wilmington. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the pennit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision, We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ©The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/25/2021. We strongly SAW-2021-00608 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA), You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC S 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or brad.c.shaver(-ia,usace.army.mil. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 3/23/2021. D. Remarks: None. E. Attention USDA Program Participants This del ineationldetermination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request, The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Anny Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 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 05/21/2021. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official; 1[ Digitally signed by Brad Shaver f�j^•� Date: 2021.03.23 11:58:06-04'00' Date of JD: 3/23/2021 Expiration Date of JD: 03/21/2026 RECEIVED AUG `? 0 M21 PQM WILMINGTON, NO SAW-2021-00608 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapti.iisace.ari-ny.mil/cm_apex/Pp=l 36*0 Copy furnished(electronic): LMG attn: Elizabeth Freedland LMG attn: Corey Novak City of Wihnin ton attn: Anthon Geathers RECEIVED AUG :.90 �P� J)CM WILMINGTON, NO NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Cite of Wilmington, Sterling Cheathain File Number: SAW-2021-00608 Date: 3/23/2021 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of pennission) A [] PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION 1) PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or littp://www.usace.ai-my.mi]/Missions/CivilWorks/ReeulatoryPro�ra»aandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Penmit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Pennission (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 pernit in its entirety, and waive all rights to appeal the pennit, including its tenns and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the pennit (Standard or LOP) because of certain ternis and conditions therein, you may request that the pennit be modified accordingly. You must complete Section II of this form and return the fora 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 pennit in the fixture. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the pennit 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 pen -nit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pennit 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 Pennission (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 pennit in its entirety, and waive all rights to appeal the pennit, 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 forn 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 11 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. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of thr date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the istrict gir} ���form must be received by the division engineer within 60 days of the date of this notice. CCLL..0 V AUG 9 0 2021 QGM WILMINGTON, NO E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has detennined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Brad Shaver CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room IOM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED AUG 10 2M RCM WILMINGTON, NC U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 3/22/2021 ORM Number: SAW-2021-00608 Associated JDs: NIA Review Area Location': State/Territory: INC City: Wilmington County/Parish/Borough: New Hanover Center Coordinates of Review Area: Latitude 34.199043 Longitude-77.827450 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: NIA or describe rationale. 71 There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B). Y There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 1 10)2 10 Name A 10 Siz § 10 Criteria Rationale for § 10 Determination NIA. N!A. N A RHA Tidal water- Coastal wetlands below the MHW line are Section is subject to the 10, but consultant has not delineated this line. ebb and flow of the tide C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters (i waters :3 a 1 Name a 1 Size a 1 Criteria Rationale fora 1 Determination NIA. N/A. I NIA. NIA. NIA. Tributaries a 2 waters): a 2 Name a 2 Size a 2 Criteria Rationale fora 2 Determination TC1 --107 linear (a)(2) Perennial TC1 is a Tidal Creek. TC1 flows south into the feet tributary Intracoastal Waterway. contributes RECEIVED surface water flow directly or AUG indirectly to an (a)(1) water in a QOJ�+I WILMIN t GTON, typical year. NC Maps)/figure(s) are attached to the AJD provided to the requester, 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone Ti determination is completed independently of a request for an AJD. A stand-alone Ti determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand- alone Ti determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 1 of 3 Form Version 10 June 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) mc'.) NAVIGABLE WATERS PROTECTION RULE Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name (a)(3) Size (a)(3) Criteria Rationale fora 3 Determination N/A. NIA. I NIA. NIA. NIA. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale fora 4 Determination W1 --0.001 acre(s) (a)(4) Wetland W1 is connected to CW1, CW1 is connected to the abuts an (a)(1)- Tidal Creek which flows to the south into the (a)(3) water. Intracoastal Waterway. W2 -0.01 acre(s) (a)(4) Wetland W2 is connected to CW2, CW21 is connected to the abuts an (a)(1)- Tidal Creek which flows to the south into the (a)(3) water. Intracoastal Waterway. W3 -0.02 acre(s) (a)(4) Wetland W3 is connected to CW1 and CW3, CW1 is abuts an (a)(1)- connected to the Tidal Creek which slows to the (a)(3) water. south into the Intracoastal Waterway. W4 -0.03 acre(s) (a)(4) Wetland W4 is connected to CW2 and CW4, CW2 is abuts an (a)(1)- connected to the Tidal Creek which flows to the (a)(3) water. south into the Intracoastal Waterway. W5 -0.006 acre(s) (a)(4) Wetland W5 is connected to CW3, CW3 is connected to the abuts an (a)(1)- Tidal Creek which flows south into the Intracoastal (a)(3) water. Waterway. CW1 -0.08 acre(s) (a)(4) Wetland CW1 directly abuts the Tidal Creek, the Tidal Creek abuts an (a)(1)- flows south into the Intracoastal Waterway. (a)(3) water. CW2 -0.08 acre(s) (a)(4) Wetland CW2 directly abuts the Tidal Creek, the Tidal Creek abuts an (a)(1)- flows south into the Intracoastal Waterway. (a)(3) water. CW3 -0.01 acre(s) (a)(4) Wetland CW3 directly abuts W3, W3 directly abuts CW1. abuts an (a)(1)- CW1 abuts the Tidal Creek which flows south into i water. the Intracoastal Waterway. CW4 --0.03 acre(s) (a)(4) Wetland CW4 directly abuts W4, W4 abuts CW2. CW2 abuts abuts an (a)(1)- the Tidal Creek, the Tidal Creek flows into the a)(3) water. Intracoastal Waterway. D. Excluded Waters or Features Excluded waters b)(1) - (b)(1 2:4 Exclusion Name Exclusion Size Exclusion$ Rationale for Exclusion Determination NIA. NIA. I NIA. I NIA. NIA. III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. AUG 3 0 - 1 POM WILMIN, T-.. TTl, 74C 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a reyuestor specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 3 Form Version 10 June 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) ® NAVIGABLE WATERS PROTECTION RULE X Information submitted by, or on behalf of, the applicant/consultant: USACE AJD Request Submitted 3/2/2021 This information is sufficient for purposes of this AJD. Rationale: NIA or describe rationale for insufficiency (including partial insufficiency). ❑ Data sheets prepared by the Corps: Title(s) and/or date(s). Photographs: Select. Title(s) and/or date(s). ❑ Corps site visit(s) conducted on: Date(s). ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). O Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. 0 USDA NRCS Soil Survey: NRCS New Hanover County WebSoil GIS Data. ❑ USFWS NWI maps: Title(s) and/or date(s). A USGS topographic maps: USGS New Hanover County Topographic Map. Other data sources used to aid in this determination: Data Source select Name and/or date and other relevant information USGS Sources USGS New Hanover County Topographic Map. USDA Sources NRCS New Hanover County WebSoil GIS Data. NOAA Sources NIA. USACE Sources NIA. State/Local/Tribal Sources NC Emergency Management 2014 QL2 LiDAR. Other Sources 2020 NC One Ma B. Typical year assessment(s): According to Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, wetter than normal conditions were present at the time of the field work. C. Additional comments to support AJD: NIA or provide additional discussion as appropriate. t, RECEIVE[) PGM WILMING-ro .j. NC Page 3 of 3 Form Version 10 June 2020_updated N? 00991 a � N.C. DIVISION OF COASTAL MANAGEMENT NOTIFICATION OF COASTAL WETLAND DETERMINATION Pursuant to NCGS 113-229(t7)(3), atld 15A RCAC 07H.0205(a) A B C�D� Property Owner: C: L u tJ+ � ►V6(uv� � Mailing Address: _ ��`��� Jric \vI S, I ([ Site Address: _f:l ._►F �; Lt.._._.,.i �Yr--t'�z�r �,�� ,� �.'�1= �,n'� L C 2.81 U Project Location: County __ IL, UAI 1-Looy-br- US/NC/SR # River Basin Fair Adj. Water Body h] latidu :7nk1ctr.0M,1�1 .. iJA4({ A,A„r Indicate Which of the Following Apply: Coastal Wetlands have been identified on the above described property. The project (as currently proposed) may impact these wetlands but no official delineation was performed. The Division of Coastal Management suggests that you request a formal delineation by this Division to evaluate potential impacts to Coastal Wetlands and project design alternatives. _ Y Coastal Wetlands have been identified on the above described property. At your request, an official Coastal Wetland delineation was performed by the Division of Coastal Management. The Division of Coastal Management suggests that you have the delineation surveyed. The Division will verify the surveyed line, which will then remain valid for a period not to exceed 12 months from the delineation. Coastal Wetlands species identified on -site: --X Spartina alterniflora h' Distichlis spp. Cladium jamaicense Spartina cynosuroides �Juncus roemorianus J -_Limonium spp. Typha spp. Check any field indicators that apply to establish regular or occasional flooding: X Salicornia spp. _Scirpus spp. X Spartina patens Y tidal water observed on -site (do not check if during or following Tropical Storm/Hurricane) X crabs/holes wrack lines a' staining tidal water connection .____periwinkle )( elevation changes other (please describe) DCM Official l I C r� ` , �� Title~, Date _ �_� 1 1 o I In the event you wish to appeal this jurisdictional call, you may request p d opinion by contacting my supervisor, �L '`� ����u,_\. ._ _ (DCM District Manager) at_ l tS Visit our website at www. nccoastaiti7anagetnent. cote A U r .3 0 2021 F)CM WILMINGTO,N, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Natne of Property Owner Requesting Permit: City of Wilmington Mailing Address: Phone Number. Email Address: 212 Operations Centcr [rive Wilmiiwton. NC 28402 910-341-7899 sterling.chcatham(i,wilmingtonnc.go,%, certify that I have authorized Criser Troutman Tanner Consulting l;11g111ccrs Agent 1 Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Roadway Rcpairs I Iawks 13i11 Drive Embankmcnt at my property located at Hawks Bill Drive Roadway IAscmen( Area in New I-lanover County. l furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Pern-fit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Prol)erty Owner Information: Signature Sterling Cheatham Print or Type Name City Manager - City of Wilmington Title Bpi �g 1 x� Date felit`:I_IVI_ This certification is valid through 12 1 30 1 2021 DCM WILMINGTON. N, ag8-272c0348-e152-i lea-93c7-00155d00e8O7.png (PNO lmege, 1056 ... https.ltgeohu6.wilmingronne.govlhaating/rest/dirworievmgisoutputlUti3... Turtle Hail Subdivision Area LEGEND ""�" Ciry maiatsi(Qed sweet, a16', paved •••••� City maintained sued, >16`, unpaved City maiotasmd 6treat, <16. paved or unpsvcd $tame maintained Street Public ROW - Not Yet Accepted Private ROW Public ROW —Unimproved .+.■ Undetermined From: wilmingtEmnc.maps.&mgiS.com WILMINGTON STREET MAINTENANCE PLAN 1 Of I 8/1gao20, 8:57 AM Form DCM MP-1 Item 6.f: Adjacent Waterfront (Riparian) Landowners 1. Turtle Hall Harbour Owners 1442 Military Cutoff Road Wilmington, NC 28403 PID: R06313-001-017-000 2. Richard L. & Winona L. Martin 6424 Hawksbill Drive Wilmington, NC 28409 PID: R06313-001-007-000 3. Wheel Estates Inc. 6301 Towles Road Wilmington, NC 28409 PID: R06313-003-017-000 PID: R06313-003-012-000 PID: R06313-003-015-000 4. Hobson S. & Joy 0. Morgan 5601 Marsh Bay Drive Wilmington, NC 28409 PID: R06313-001-006-000 RECEIVED OCT 0 8 2021 DCM WILMINGTON, NC E R I S E R TRUUTMAN TA N N E R Certified Mail — Return Receipt Requested October 19, 2020 Richard L. & Winona L. Martin 6424 Hawksbill Drive Wilmington, INC 28409 RE: Application for Major Development Permit North Carolina Division of Coastal Management Hawks Bill Drive Embankment Roadway Repairs Wilmington, NC Dear Richard L. & Winona L. Martin: The City of Wilmington is applying for a CAMA Major permit to install new bulkheads on each side of the roadway, repair the roadway with a walkway area and possible replacement of the existing drainage pipe, located on Hawks Bill Drive across the Marsh area near the Intracoastal Waterway, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send you written comments to Tara MacPherson, Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-239-2509, or email me at dcriser@ardurra.com. Respectfully Submitted, Criser Troutman Tanner Consulting Engineers David E. Criser, P.E. Civil Engineer DEC/dec/8238.00 RECEIVED NOV 19 2O20 DCM WILMINGTON, NC CRI5ER TROUTMAN TANNER CONSULTING ENGINEERS W I L M I N G T G N N L - 11A L E I G H. N 1: P.0 Box 3727 Wilmingtnn, NC 28406 I 3809 PenCMre Ave. Suite 102 Wilmington, NC 28403 r+910.397.2929 t 910.397.2971 cttengineering Com November 6, 2020 Tara MacPherson North Carolina Division of Coastal Management Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: City of Wilmington Application for CAMA Major Permit Hawksbill Drive Embankment Roadway Repairs Dear Ms. MacPherson, RECEIVED NOV o 9 2020 DCM WILMINGTON, NC We are identified in the Application on Form DCM MP-1 Item 6.f as an Adjacent Waterfront (Riparian) Landowner. Our mailing address is 6424 Hawksbill Drive, Wilmington, NC 28409. Our City of Wilmington PID is R06313-001-007-000. We have owned this property since 1987 and have been full time residents since April 1994. We are fully in support of this Application to make necessary repairs to the embankment supporting the roadway connecting our property to the mainland. This roadway is our only means of access to our property and for receipt of public safety services. The City has deemed the roadway as unsafe for use of public vehicles providing those public safety services. Most recently, the guardrails were severely damaged in Hurricane Florence in September 2019. Specifically, on Form DCM MP-1 Page 3 Item 5 c., we support the placement of mats in the marsh area to support the construction equipment performing the repairs. We believe this will expedite the repair process. We do have one request. We request that the Timber Walkway identified as Add Alternative #1 be located on the North side of the Roadway. At this location, it would adjoin Common Area owned by the Turtle Hall Owners' Association. Public access to the Walkway would be next to open space and not next to the two personal residences on the South side of the Roadway as submitted in the Application. T you fogy ur considerati U Richard L. Martin Winona L. Martin C R 15 E R TROUTMAN TANNER Certified Mail - Return Receipt Requested August 18, 2020 Wheel Estates Inc. 6301 Towles Road Wilmington, NC 28409 RE: Application for Major Development Permit North Carolina Division of Coastal Management Hawks Bill Drive Embankment Roadway Repairs Wilmington, NC Dear Wheel Estates Inc.: The City of Wilmington is applying for a CAMA Major permit to install new bulkheads on each side of the roadway, repair the roadway with a walkway area and possible replacement of the existing drainage pipe, located on Hawks Bill Drive across the Marsh area near the Intracoastal Waterway, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send you written comments to Tara MacPherson, Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-239-2509, or email me at dcriser@ardurra.com. Respectfully Submitted, Criser Troutman Tanner Consulting Engineers David E. Criser, P.E. Civil Engineer DEC/dec/8238.00 RECEIVED NOV 19 ZKO DCM Wit. MNIGT0N, NC CRI5ER TROUTMAN TANNER CONSULTING ENGINEERS W ILMINGTGN, NG RALEIGH, NC P.O. [lox 3727 Wilmington, NC 28406 1 3809 Peechlree Ave. Suite 102 Wilmington, NC 28403 r 910 397 2929 1910.397.2971 atengineering,cnm RECEIVED Wheel Estates, Inc. 6301 Towles Road NOV 12 2020 Wilmington, NC 28409 November 9, 2020 DCM WIL.MINGTON, NC Ms. Tara McPherson Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Application for Major Development Permit North Carolina Division of Coastal Management Hawks Bill Drive Embankment Roadway Repairs Wilmington, NC Dear Ms. McPherson: We received a package of documents regarding the above project from Criser Troutman Tanner Consulting Engineers. We noticed that the structural notes on the plans for the project state "The Hawks Bill Drive Causeway will have traffic detoured during the project." Representatives of the City of Wilmington discussed a temporary easement with us for the above detour during the construction project. The easement would have been across the property of Wheel Estates, Inc., between Towles Road and Hawks Bill Drive, to allow vehicular traffic to and from Hawks Bill Drive to cross our property and utilize Towles Road as part of the detour during construction of the project. Although we discussed the easement with representatives from the City of Wilmington, Wheel Estates, Inc., has not signed an easement deed, or made any other agreement, temporary or permanent, to allow vehicular traffic between Hawks Bill Road and Towles Road to cross the property of Wheel Estates, Inc. Consequently, the City does not have a right to use the property of Wheel Estates, Inc., as part of the detour for the project. Very truly yours, Wheel Estates, Inc. By: Brenda H. Towles, Secretary Via certified mail, return receipt requested, and hand delivery «r ra m 171.1 tr- co .n Ln rl C3 O d M Ln r-� rq Postal Service TM CEFITIFIED oRECEIPT Domestic For delivery information, visit our website at www.usps.corrr19. OFFT R Certified Mail Fee .., W (,141)6 E VE D EXtr ervICB9 R Fees (check box, add fee etcrn Receipt (haR Wm $ i, I l Y ❑ Retum Receipt (eteclronlc) $ #j,l _ l I II Postmark ❑ Certified Mall Restricted Delivery $ Ir �l:.l^ ❑ Adult Signature Required $ [UL6J 9 2 Vb L ❑ Adult Signature Restricted Delivery $ Postage � 2.1l)r- Total Postage and Fees #rB.bU $ Sent To Nlh�_SS�s inc $reel andApE Nv.; ar P ox o. 6301 Towles Road City-S`tati,'2113+4+ -- : ---- g - --- ----------------------------------------- ton NC 28409 PS Form 3800, April 2015r. ■ Complete items 1, 2, and 3, ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Wheel Estates Inc 6301 Towles Road Wilmington NC 28409 A. C� % tj In 0 Agent OL ❑ Addressee 8. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery addreps &W:L LWNo NOV 19 ZVO 3. Service Type ❑ Priority Mail Express® I I I�I I I I II II I I I I I ❑ AdultuEi Sigignature ❑Registered MalITM JI C] Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 3256 7196 8744 80 0 Certified Mail Restricted DeSivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2• Article Number (Transfer from service label) © Collect on Delivery Restricted Delivery ❑ Signature ConfinnationTM , d Mail E73 Signature Confirmation 7 017 1450 0001 5689 2389 1 Mall Restricted Delivery Restricted Delivery 5001 PS Form 3811. July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I October 21, 2020 Dr. Robert E. & Sheryl P 6415 Hawksbill Drive Wilmington, NC 28409 0 Certified Mail — Return Receipt Requested Lubanski RE: Application for Major Development Permit North Carolina Division of Coastal Management Hawks Bill Drive Embankment Roadway Repairs Wilmington, NC Dear Dr. Robert E. & Sheryl P. Lubanski: C R I S E R TROUTMAN TA N N E R The City of Wilmington is applying for a CAMA Major permit to install new bulkheads on each side of the roadway, repair the roadway with a walkway area and possible replacement of the existing drainage pipe, located on Hawks Bill Drive across the Marsh area near the Intracoastal Waterway, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send you written comments to Tara MacPherson, Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-239-2509, or email me at dcriser@ardurra.com. Respectfully Submitted, Criser Troutman Tanner Consulting Engineers David E. Criser, P.E. Civil Engineer DEC/dec/8238.00 RECEIVED NOV 19 20%0 DCM WILMINGTON, NC CRISER TROUTMAN TANNER CONSULTING ENGINEERS WILMINGTON. NC SALE I H, NC P.O. Box 3727 WihTninOton, NC 28406 1 3809 Peachtree Ave. SIIiTe 102 Mmington, NC 28403 n 910.3972929 r 910,397.2971 cttengineeriog.com November 5, 2020 Tata MacPherson North Carolina Division of Coastal Management Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: City of Wilmington Application for CAMA Major Permit Hawksbill Drive Embankment Roadway Repairs Dear Ms. MacPherson, RECEIVED NOV 0 9 2.020 DCM WILMINGTON, NC We are identified in the Application on Form DCM MP-1 Item 5.f as an Adjacent Waterfront (Riparian) Landowner. Our mailing address is G415 Hawksbill Drive, Wilmington, NC 28409. We have owned this property since 1996 and have been full time residents since that time We are fully in support of this Application to make necessary repairs to the embankment supporting the roadway connecting our property to the mainland. This roadway is our only means of access to our property and for receipt of public safety services. The City has deemed the roadway as unsafe for use of public vehicles providing those public safety services. Most recently, the guardrails were severely damaged in Hurricane Florence in September 2019. Specifically, on Form DCM MP-1 Page 3 Item 5 c., we support the placement of mats in the marsh area to support the construction equipment performing the repairs. We believe this will expedite the repair process. We do have one request. We request that the Timber Walkway identified as Add Alternative #1 be located on the North side of the Roadway. At this location, it would adjoin Common Area owned by the Turtle Hall Owners' Association. Public access to the Walkway would be next to open space and not next to the two personal residences on the South side of the Roadway as submitted in the Application. Thank you for your consideration, h, I Robert E. Lubanski Jr. fikRfJX4,, Sheryl P Lubanski U.S. Postal Service"A CERTIFIED MAIL° RECEIPT Domestic mail Only For delivery -� information, visit our website at www usnc ��...� ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. I. Article Addressed to: f3`. E. +���� 6g15- "1011 fir;vt: Agent B. R eceived b ` t y (Pted JUameJ C,late dressee t Delivery `3 Lo?il D. is delivery dr �q iff � Nrn item 1? If YES, address ❑ Yes erl� d�ItUerjj below: W-No NOV I 9. 2020 ILMINGTON, NCB 1111111111411111111111 �� l ��� f j�l+ r f I �� �� � l+ ��j II 3. dullSi Service Type ❑Adult Signature a Priority mail expresse lI 9590 9402 1891 6104 4363 93 ❑ Adult Signature Restricted Delivery [7 Certified Mail® ❑ Registered Maur^+ El Mall Restricted 2. Arllcle Numh�t (Tlaragferfrom c�±re rrA, + iF C! Certified Mall Restricted Delivery El Collect on Delivery pelivery ❑ Return Receipt for Merchandise 2 E 9 Q 0690 0000 0090 very Restricted Delivery ElSignature Confirmationim g 2 q ❑ Signature ConflrrnatiVn _ PS Form 3811, July 2015 r 7530-02-000-9053 over $50 ,. •'estrfcted Delivery Restricted Delivery Domestic Return Receipt iru Domestic Mail Only -I- WOTTTti'C"�'T'h' L U S­ E co Certified Mail Fee Ln Ei;D-'IG as & Fees llchackb�, add fee Wav Receipt $ Return (hard-py) Return Receipt (eleutmnlo) $ Certified Mail Restricted VOUVOY $ Po=) -W �Kg - M C3 E] Adult Signature Required Ain cil:l Ov E] Adult Signature Restricted Delivery $ M Postage i; -n . -.. 0 Z 4 't4' Total Postage and FG$V 60 lWomo-To V4, , A 2 $ Sent To Robert & Sheryl Lubanski ----------------------------------- C-3 mil- -6- A --- ------------- %4 5 XMbill Drive USPS Tracking r— -Wit-o- n---N- C---2-8--4-0--9 ------------------------------------------ Tracking PS Form 3800, April 2015 PSN 7530-02-GOO-9047 See Reverse for Instructions Track Another Package + A Track IPflc4wges GPI the free infolT11,1C] fature to fec+ ive Anytime, Anywhere automated notjfiCatlora on Lour packages Tracking Number: 70171450000156892402 Status Your Rern was delivered to an individual at the address at OV Delivered 4:00 pm on October 23, 2020 in WILMINGTON. NC 28409. October 23. 2020 at 4:00 oni Delivered. Left with Individual WILMINGTON. NO 23409 Got Updates \/ Text & Email Updates Tracking History Product Information See Less ^ Delivered RECEIVED NOV 19 2020 DCM WILMINGTON, NC, FAOs > R�-Illove X C R I s E R TROUTMAN T A N N E R Certified Mail - Return Receipt Requested October 19, 2020 Turtle Hall Harbour Homeowners c/o Erin Payne 5600 Marsh Bay Drive Wilmington NC 28409 RE: Application for Major Development Permit North Carolina Division of Coastal Management Hawks Bill Drive Embankment Roadway Repairs Wilmington, NC Dear Turtle Hall Harbour Homeowners: The City of Wilmington is applying for a CAMA Major permit to install new bulkheads on each side of the roadway, repair the roadway with a walkway area and possible replacement of the existing drainage pipe, located on Hawks Bill Drive across the Marsh area near the Intracoastal Waterway, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send you written comments to Tara MacPherson, Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-239-2509, or email me at dcriser@ardurra.com. Respectfully Submitted, Criser Troutman Tanner Consulting Engineers David E. Criser, P.E. Civil Engineer DEC/dec/8238.00 RECEIVED NOV 19 HKO DGM WILMINGTON, NC CRISER TROLITNIAN TANNER CONSULTING ENGINEERS WILMINGTON, NC RALEIGH, NC P.O. Box 3727 Wilmington, NC 29406 1 3809 Peachtree Ave. 5eite 102 Wilmington, NC 28403 p 910.397.2929 ! 910.397.2971 cttengineering,com November 5, 2020 Tara MacPherson North Carolina Division of Coastal Management Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: City of Wilmington Application for CAMA Major Permit Hawksbill Drive Embankment Roadway Repairs Ms MacPherson, RECEIVED NOV 0 6 2020 DCM WILMINGTON, NC The Turlte Hall Harbour Homeowners would like to extend our full support to making the necessary repairs to the roadway and guardrails that connect our properties. We are in favor of the use of mats in the marsh to support the construction equipment performing the repairs. We hope this will expediate the repairs as this bridge is the only access to the mainland for many of our residents. Our one request is to move the Timber Walkway (Add Alternative #1) to the north side of the roadway. On the south side of roadway there are private residences. The north side has common area owned by our homeowner's association. Our goal is to have CAMA's approval and the ability to have construction begin as soon as we can. We feel that construction during the off season months would be safer for our residents and the workers. Th u, J Emmet C. Stoval Turtle Hall Harbour Homeowners Association ■ Complete items 1,,2; and3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Turtle Hall Harbour Owners Association c/o Erin Payne 5600 Marsh Bay Drive -Wil(Qiington NC 78409 9590 9402 3256 7196 8745 03 2, Article Number (Transfer from servitb libel) ?017 1450 0001 5689 2365� , July 2015 PSN 7530-02-000-9053 U.S. Postal Service"" CERTIFIED MAIL® RECEIPT Domestic Mail only For delivery Information, visit our website at www.usns.com®. IT' ' i 1 � - ,, co Certified Mail Fee .D � $ t.:;y...: air services & Fees {check box, ad, pa Return Receipt (hardcopyl t C7 ❑ Rearm Receipt (electronic) $ = ❑ Certified Mail Restricted Delivery $ Q ❑Adult Signature Required $ El Adult Signature Restn'cted Delivery $ C3 Ln r9 r1— C3 r7- $2.2II .450 t I! 6 �60 1 9 Postmark TurtLe Nap_ _ @rkQur_Qwrrer�-Association c(o CEPCO and Apt No., or PD fox. - 1628 Doctors Circle fare;zlP+d•lNiimingfon(JC282fOT-------------------------•----•---------- El. ce!Xed b Printed Na rl /I a e D. Is delivery add , : d . If YES, enter delivery'Md �� ❑ tent Addressee C. Date of Delivery ;im item 17 ❑ Yes NOV z ��� i�/lLNIII�G7nAr .. 3. Service Type ❑ priority Mai! Express® ❑ Adult Signature ❑ Registered Mailrm ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Reeggistered Mall Restricted De very ❑ Certifed Mall Restricted Delivery El Retum Receipt for © Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Conrirmation'rM ❑ Insured Mail ❑ Signature Confirmation 0 nsured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt m m z.w. pil rplTirs n,ru TY Ir to Certified Mail Fee —0 $ 41l i] r. Extr�,SeNiees & F699 (check [w.r, edd fee Prypj� bdR0tUMR"p1Nvdwpy) $ :.1 r 1 r-1 ❑ Return Receipt (eleelronle) $I: C3 ❑Cett•ed Mall Restricted Delivery $ i I� � ❑Adult Signature Required $ a ' ❑ Adul Signature Restr[dad Delivery $ C3 Lr) r-q r'6- ri C3 r1-- i' w o .< 4t .60 (�ogtmark v Heidff, Turtle Hall Harbour Owners Association c/o Erin Paxne- aijiav No., oiP Box Ill. - 560 MarsR Bay Drive tare,-2P+4 yyitmingtonNC28409 - 7AYf ty ti: CPMPLETE THIS SECTION COMPI1 DELIVERY ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse ALL_ ❑ Agent so that we can return the card to you. • 0 Addressee ■ Attach this card to the back of the mailpiece, 6 Received by (Printed Name) C. Date of Delivery or on the front if space permits. �-1 U-> t) * l) - g� • ;2y 1. Article Addressed to: D. is delivery a0d'fferent from item 17 ❑ Yes If YES, enter 'li . ; M t aloes: ❑ No Turtle Hall Harbour Owners Association Afy C/o Cindy Norris, CEPCO NOV 19 ?0z0 1628 Doctors Circle Wilmington NC 2840.1 i)CM wit Hnt lr ,— 3. Type Cl P gi ty Mall Express® �� II III II I II II! I� II �I �� I I III Adult i ❑ Adult Signature d Registered Mai1TM ❑ Adult Signature Restricted Delivery ❑ Certifed MallID ❑ RegIstered Mall Restricted 9590 9402 3256 7196 8745 10 DeOIivery o Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationMI 7 017 1450 0001 5 6 8 9 2341 5 Insured Mail 1 Insured Mail Restricted Delivery ❑ Signature Confirmation Restricted Delivery ,(over$500 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt C R I S E R TROUTMAN TA N N E R Certified Mail - Return Receipt Requested October 19, 2020 Hobson S. & Joy 0. Morgan 5601 Marsh Bay Drive Wilmington, NC 28409 RE: Application for Major Development Permit North Carolina Division of Coastal Management Hawks Bill Drive Embankment Roadway Repairs Wilmington, NC Dear Hobson S. & Joy 0. Morgan: The City of Wilmington is applying for a CAMA Major permit to install new bulkheads on each side of the roadway, repair the roadway with a walkway area and possible replacement of the existing drainage pipe, located on Hawks Bill Drive across the Marsh area near the Intracoastal Waterway, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send you written comments to Tara MacPherson, Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-239-2509, or email me at dcriser@ardu rra.com. Respectfully Submitted, Criser Troutman Tanner Consulting Engineers David E. Criser, P.E. Civil Engineer RECEIVED DEC/dec/8238.00 NOV 1, 9 2020 DCM WILMINCTON, NC CRISER TROOTIVIAN TANNER CONSULTING ENGINEERS W I L M I N G T O N. NC R A L E I G H. NE PO Box 3727 Wilmington. NC 213406 1 3809 Peachtree Ave. Suite 102 Wilmington, NC 28403 r, 910.3S7.2929 i 910 397 2971 cttengineering.com tr M ru Er CID rq d M C3 Ln rq r- rq USPS Tracking" Track Another Package + Tracking Number: 70171450000156892396 Your dens was delivered 10 an individual it the adds",aw at 3:56 pm on October 23. 2020 in WILMINGTON. NC 28409. vlen IVOV st Pomark U 2020 Tracking 6,t 1I�e tree Informed i]elivetyt featufe tc receive automated ratifications on your packages Status G Delivered i 7ctober 23. 2020 at 3:5C rrn De4aere6. Left with individual y.;.LMiNGTON, NO 2340:7 Get Updates \/ Dellvered Text & Email Updates V Tracking History RECEIVED NOV 19 2020 DCM WILMINGTON, NC rAas > Fenlu:r X ru CO D" 0 0 M C3 C3 C3 I--3 -0 C3 rL ■ Complete itema 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. !. Article Addressed to: I-f1li91RN1: f1C 13 Agent '" / V 0 Addressee B. Rec ived by (Printed Namefl C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, en �i address below: ❑ No z .��-f Nov 19 2020 I 3. Service 7yp6 """"' Y ti1 r r".r l 4 , ,b.priority Mail Fxpresso Illll II I ill I II I II II I� I II I l l I III III ❑ Adult Signature ❑ Registered Mail C] Adult Signature R Restricted Delivery ❑Registered Mail Restricted ❑ Certified Malls Delivery 9590 9402 1891 6104 4364 09 ❑ Certified Mall Restricted Delivery ❑ Return Receipt for 0 Colfecton Delivery Merchand(sa 2. — " - — - ' - - Iivery Restricted Delivery 13Signature ConfirmatlonrM 7016 0600 0000 0690 8625 ❑SignatureConfirmation ..iestricted Delivery Restricted Delivery (aver $500) PS Form 3811, July 2015 PSN 7530.02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. A. � Ac ■ Print your name and address on the reverse X so that we can return the card to you. ©<( ■ Attach this card to the back of the mailpiece, B. Received by Printed Nam , C. D e of or on the front if space permits.i 1. A{rrtticle Addressed to: i4ti c?y RawksL)-K Q)(111VG W�1 "rkjj}on I)G a1z4q0q Is delivery item 17 If YES, enter delivery address below: OCT 0 8 '202. CCM WILMINGTON, NO Z/ I1 II i 1 1 1 1 1 11 1 � � 11 � III 11 �1 11 I 1 R 1 �1I I I Ij I€ 3. Service Type ❑ Adult Signature ❑Adult Signature Restricted Delivery Q Certified Mal€e ❑ Priority Mail Express@ ❑ Registered MajtTM p Registered Mait Restricted R Delivery 9590 940E 8413 0303 6698 74 ❑ Certified Mali Restricted Delivery ❑ Collect on Delivery ❑ Signature Confirmation— ❑ Signature Confirmation 2_ Article Nirmh— [Trancln, r.,,,., o—; ^ ,^� ,, ^ ^^ Delivery Restricted Delivery Restricted Dellvery 7020 2450 0000 929E 9027 ail Restricted Delivery Laver .$svo} PS Form 381 , July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 11111111111111111111111111111111111111111111111 9590 9402 6413 0303 6698 74 P. Artiola Ni¢nhar Prrnnefar / '" A. r ) � j�,7�"',�.-� I 0 Agent Sign X 11146�dressee B. mccelved by {Printed Nam , C. Da/te of elivery is delivery 4RfiAFchjMftUh item 17 If YES, enter delivery address below: OCT 0 8 2021 II DrM WILMINGTON, NO 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mali'm Q Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mall® Delivery ❑ Certified Mail Restricted Delivery ❑ Signature ConfirmationT" Q Collect on Delivery ❑ Signature Confirmation r ^"^^, ^- Delivery Restricted Delivery Restricted Delivery 7020 2450 0000 9292 9027 all Restricted Delivery . rn„or x5nn5 PS Form 381 1, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 30, 2021 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucka-NCDENR.gov SUBJECT: CAMA /D & F Applicant: City of Wilmington Project Location: Between 5601 Marsh Bay Dr. and 6424 Hawks Bill Dr., adj. to the AIWW in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a bulkhead on the north and south side of the project area with Coastal Wetland and 404 impacts, replace the existing 36" culvert with a 4' x 6' box culvert to stabilize the public road, and repair the existing public road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME _ AGENCY SIGNATURE DATE E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - .e ..e t of en.troome W mail /� 910.796.7215 Major Permit Fee Schedule Project Name: (w-� 0 X W i ty Coun : Check No & Amount: 1 �ra vjy's v3i I ` V—V vV & N -�— Chu tl q" � 4-'vv DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000962341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $4 60% ($240) 40% ($160) review and written DWQ concurrent is needed because of concerns related to water quality or aquatic life: III(D). 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