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HomeMy WebLinkAbout20211256 Ver 1_CityofWilmington.bio.narr.app.addinfo_20220324DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: City of Wilmington c/o WSP USA 2. LOCATION OF PROJECT SITE: Hooker Road between Mallard Street and Wrightsville Avenue, adjacent to Bradley Creek, in New Hanover County. Latitude:34°13'20.79"N Longitude:77°50'48.29"W 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-9/l/21 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 2/7/2022 Complete Date — 2/25/2022 Office— Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington/New Hanover Co. Land Classification From LUP — Conservation (open water) and Residential (upland) (B) AEC(s) Involved: ES, CW (C) Water Dependent: Yes _ (D) Intended Use: Public (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — City roadway, single family residences, stormwater pipe Planned — Install multi -use path and new stormwater pipe (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER —1,289 SF (A) Vegetated Wetlands (Coastal) 150 SF (temporary) B Non -Vegetated Wetlands (Open water (C) Other (highground) —43,560 SF —85,813 SF (disturbed) (D) Total Area Disturbed: 130,812 (-3 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to install multi -use path along Hooker Road and upgrade an existing stormwater pipe resulting in the filling of 150 sq. ft. of coastal wetlands. City of Wilmington, Page 2 9. PROJECT DESCRIPTION: The project site is located on the north side of Hooker Road, between Mallard Street and Wrightsville Avenue in New Hanover County. The proposed project site crosses 27 parcels however the proposed work would occur within existing or proposed city right-of-way and easements. A stormwater pipe runs from Hooker Road adjacent to 130 Hooker Road and outfalls into coastal wetlands. In the application materials, the applicant provided proof of notification of the property owners 130 Hooker Road and their adjacent riparian neighbors, as well as a signed Agent Authorization form from the property owner of 130 Hooker Road. Most of the project site is outside of the 75' CAMA Area of Environmental Concern (AEC). The portion of the project site that falls within the AEC is located adjacent to 130 Hooker Road. Man-made structures along the project site include residential driveways, pavement associated with city roadway, sidewalk, and stormwater infrastructure (18" pipe and riprap pad). Upland vegetation consists of lawn grasses and mixed hardwoods. Coastal wetland species are present within a portion of the project site surrounding the stormwater pipe and species include Smooth Cordgrass (Spartina Alternii fora), Salt grass (Distichlis spicata), and Sea Lavender (Limonium carolinianu). The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. The waters in this location are classified as SC 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 multi -use path along Hooker Road and upgrade an existing stormwater pipe resulting in the filling of 150 sq. ft. of coastal wetlands. The applicant is seeking to construct an eight (8) foot -wide asphalt multi -use path with a two (2) foot -wide curb and gutter along the north side of Hooker Road for a total linear distance of 0.73 miles that would result in the total disturbance of approximately 2.97 acres. There is currently no pedestrian access along the length of Hooker Road, the proposed multi -use path would connect to existing an existing Cross City Trail at Mallard Street and an existing bicycle lane along Wrightsville Avenue. The construction of proposed 0.73-mile trail would result in the disturbance of approximately 2.97 acres, however only approximately 75' linear feet of the proposed 10' wide path and gutter falls within the AEC. The portion of the proposed path within the AEC would result in 750 sq. ft. of new impervious surface for a total of approximately 23.6% impervious coverage within the city right-of-way or easement within the AEC (See Sheet 2a). The applicant also proposes to improve the existing stormwater pipe that drains into the adjacent coastal wetlands. The current pipe is undersized and replacing it with a larger diameter would improve water flow. The existing 18" pipe would be capped and a new 36" pipe would be placed to align with the orientation of the existing outfall. The proposed pipe would be placed P below the existing bottom contour. High ground excavation measuring 51' in length by 6.7' in width by 6.4' in depth is proposed for the placement of the pipe. The proposed pipe would result in the excavation of coastal wetlands measuring 35' in length by 6.7' in width by 6.4' in depth. The excavated high ground material would be used to backfill the proposed pipe within the high ground area and the coastal wetland material would be used to backfill the pipe within coastal wetlands. Any excess material would be taken to an upland DCM approved site if needed that will be proposed by the contractor if needed. The applicant proposes a new rip rap pad within coastal wetlands measuring approximately 15' in length by 10' in width (150 sq. ft.) to accommodate the proposed pipe. The proposed rip rap pad would replace the existing rip rap pad and large scour hole that as formed. All work will take place landward of Normal High Water (See Sheet 2a). The applicant proposes 1,289 sq. ft. of temporary impacts to coastal wetlands for installation of the proposed 36" pipe. The proposed temporary impacts are 10' wide on the north, east, and west side of the location of the proposed pipe and rip rap pad in coastal wetlands. All disturbed areas would return to preconstruction elevations. The applicant states that within the disturbed coastal wetland limits, coastal wetland plugs and/or bare root seedlings will be planted once construction is complete The applicant states they have submitted a plan to the Division of Water Resources on 11/16/2021 and submitted a sedimentation and erosion control plan to the Division of Land Resources on 1/7/2022. City of Wilmington, Page 3 11. ANTICIPATED IMPACTS: The 8' wide multi -use path and associated curb and drainage would disturb 2.97 acres of high ground within existing and proposed city right-of-way and easements. The multi -use path and associated curb would create approximately 43,560 sq. ft. of new impervious surface, most of which is outside the AEC. Approximately 750 sq. ft. of new impervious surface would be located on the high ground within the AEC for a total of 23.6% of impervious surfaces within the existing or proposed city right-of-way and easements within the AEC. The placement of the proposed pipe would result in 1,289 sq. ft. of temporary impacts to coastal wetlands. The applicant states that the disturbed areas will be returned to pre -construction elevation and planted with coastal wetland species. The placement of the new rip rap pad would result in the permanent filling of approximately 150 sq. ft. of coastal wetlands. Submitted by: Bryan Hall Date: 3/8/2022 Office: Wilmington February 04, 2022 Bryan Hall FEB O i Z022 N.C. Division of Coastal Management 127 Cardinal Drive Ext DCNI WIL vl t�G fOiJ NL Wilmington, NC 28405 Subject: Application for Coastal Area Management Act Major Permit for the Proposed Hooker Road Multi - Use Path, New Hanover County Dear Mr. Hall: On behalf of the City of Wilmington, WSP USA has completed a Coastal Area Management Act (LAMA) major permit application for the proposed Hooker Road Multi -Use Path project and requests authorization from the North Carolina Division of Coastal Management (DCM) for impacts to Areas of Environmental Concern (AECs) that will result from the project. This submittal also serves as an application for a Section 404 permit from the US Army Corps of Engineers (USACE) and associated 401 Water Quality Certification from the North Carolina Division of Water Resources (DWR) for impacts to the jurisdictional wetland that will result from the project. Proiect Narrative The proposed project includes the construction of an 8-foot asphalt multi -use path along the north side of Hooker Road from Mallard Street to Wrightsville Avenue, for a total project length of approximately 0.73 miles. The current roadway is approximately 18-feet wide and has no shoulders on either side. There are no bicycle or pedestrian facilities on the roadway, except for 200-feet of sidewalk at the intersection of Woodland Forest Court, which would tie into the project. The proposed multi -use path would connect to the existing Gary Shell Cross City Trail at Mallard Street and to the existing bicycle lanes along Wrightsville Avenue. High -visibility crosswalks would be installed across Trowbridge Road, Teal Street, Tidal Reach Court, and Hooker Road near the Wrightsville Avenue intersection. The proposed multi -use path would be separated by a 2.0-foot new curb and gutter, and the drainage network along Hooker Road will be updated accordingly. The proposed project will eliminate most existing sections of open swales and driveway pipes. Grated drop inlets will be installed behind the multi -use path at these locations to collect any surface runofiflowing towards the back of the fill slope, and lateral pipes will connect the drop inlets to the proposed stormwater systems. Existing crossings include a 24" pipe on Hooker Road just south of the intersection with Rose Avenue, an 18" pipe on Hooker Road just north of the intersection with Teal Street, and an 18" pipe on Hooker Road several hundred feet south of the intersection with Dorsett Place. All the existing crossings will be maintained. These crossings are for stormwater drainage and are not crossings for jurisdictional features. Minor surface grading will ensure positive drainage towards the newly installed yard inlets if necessary. The amount of new impervious area for the project is minimal and limited to the proposed sidewalk/multi-use paths and curb and gutter. Adjustments to underground utilities (stormwater, potable water, sanitary sewer) will be necessary to facilitate construction and avoid other utility conflicts. The water distribution network improvements will include a relocation of approximately 460 feet of the water main on Hooker Road in approximately the same location. All existing infrastructure will be maintained or replaced in kind. No impacts to jurisdictional waters of the U.S., including coastal wetlands, will result from the underground utility work WSP USA Suite 1500 434 Fayetteville Street Raleigh. NC 27601 Tel.: 11 919 836-4040 Fax. +1 919 836-4099 wsp.coar Mr. Hall " `l I ) February 4, 2022 Silt fence will be utilized along the limits of disturbance to minimize the potential of sediment laden water exiting the site and prevent clean offsite water from mixing with the sediment laden water onsite. Careful dewatering (using special stilling basins), inlet protection, and phasing of storm network improvements will be implemented to manage sediment laden water on -site. Construction entrances or other measures will be implemented to ensure that traffic leaving the construction site does not carry sediment outside of the limits of construction. Ajoint Section 404 jurisdictional wetland/coastal wetland and coastal shoreline Areas of Environmental Concern (AECs) are present within the project area on the 130 Hooker Road property. The boundaries of the coastal wetland and the normal high water level were verified by DCM during a site visit on September 1, 2021. The City of Wilmington received a signed Jurisdictional Determination (JD) from the USACE on October 4, 2021 agreeing with the joint Section 404jurisdictional wetland/coastal wetland boundary. Proposed temporary impacts to the coastal wetland includes 184 sq. ft. (<0.01) due to the installation and burial of a new 36" reinforced concrete pipe, and 1,105 sq. ft. (0.03 ac.) due to construction access to install the new pipe, which is a total of 1,289 sq. ft. (0.03 ac.). The area of proposed temporary impacts will be restored to preconstruction contours and replanted with plugs and/or bare root seedlings consisting of a mixture of cattail, bulrush, sawgrass, and cordgrass or otherwise approved CAMA coastal wetland plant species. The plants will be obtained from a local nursery and planted in accordance to the supplier's recommendations. Proposed permanent impacts to the coastal wetland include 150 sq. ft. (<0.01 ac) due to the installation of a riprap pad. The riprap pad will be installed in an existing scour hole (currently lined with riprap) that has formed at the outlet of the existing culvert. The project will improve existing conditions by reducing erosive outlet velocities and improving water quality and habitat; therefore, no mitigation is being proposed for the project. The City of Wilmington will provide a checkfor $400.00 to cover the CAMA permit application fee separately from this permit application package. Please see the enclosed documents as part of the CAMA major permit application: • Appendix A: Application for Major Development Permit Forms 1. DCM MP -I 2. DCM MP-3 3. DCM-MP-5 • Appendix B: Property Information 1. Property Owners Table • Appendix C: Figures and Plan Sets 1. Figure L Site Location Map 2. Figure 2. Impact Permit Drawings 3. Project Design with Plan Sheets and Profiles • Appendix D: Supplementary Information 1. Agent Authorization Form 2. Signed Preliminary Jurisdictional Determination SAW 2021-00331 3. Signed Type IA Categorical Exclusion • Appendix E: Adjacent Property Owner Notification 1. Certified Mail — Return Receipts Requested If you have any questions or need additional information, please contact me at a i, i,n i,L� a, hc.,,,! -ii. or (919) 376-2733. Thank you for your assistance with this project. Kind regards, Amanda Johnson, PWS Lead Consultant, Environmental Scientist cc. Matthew Hypes, PE, City of Wilmington Page 2 Dom 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 Project Name (if applicable) City Of Wilmington Hooker Road Multi -Use Path Applicant 1: First Name MI Last Name Tony N/A Caudle Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State N/A 1810 Wilmington NC ZIP Country Phone No. FAX No. 284021810 USA 910-341-7810 ext. N/A - Street Address (if different from above) Stele 102 N 3rd Street [Wilmington NC T28402-1810 Email Tony.Caudle@wilmingtonnc.gov 2. AgenUContractor Information Business Name Wsp Use AgenU Contractor 1: First Name MI Last Name Amanda M. Johnson AgenU Contractor 2: First Name MI Last Name Adam H. Karagosian Mailing Address PO Box City State 434 Fayetteville St., Suite 1500 N/A Raleigh NC ZIP Phone No. 1 Phone No. 2 27601 919-376-2733 ext. 704-342-8464 ext. FAX No. Contractor # N/A N/A Street Address (if different from above) City State ZIP N/A N/A N/A N/A - Email N/A <Form continues on back> FFB 0 7 20L UUM 252.808.2808 .. 1.888.4 B C 0 A S I .. www.nccoastaimanigement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover Hooker Road NS-97971 Subdivision Name City State Zip N/A Wilmington NC 28403- Phone No. Lot No.(s) (if many, attach additional page with list) N/A - ext. SEE ATTACHED TABLE, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Bradley Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Bradley Creek e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 0 129,445 sq. ft (2.97 ac.) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or SEE ATTACHED TABLE, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3' - 19' ®NHW or ❑NWL e. Vegetation on tract Primarily maintained lawns and pine and mixed hardwood forest along the proposed mulit-use path. Maintained lawn and salt/brackish marsh consisting of Iva frutescens, Morella cerifera, Baccharis halimifolia, Cladium jamaicense, Schoenoplectus robustus, Typha lalifolia, Limonium carolinianum, Distichlis spicata, and Spartina alterniflora in the area of the proposed pipe installation and riprap pad. f. Man-made features and uses now on tract Man-made features include pavement, curb and gutter, sidewalk, residential driveways, stormwater infrastructue (pipes and riprap pad),and a guardrail. Uses include transporation, low -density developed residential areas, and salt/brackish tidal marsh. g. Identify and describe the existing land uses adiacent to the proposed project site. Uses adjacent to the proposed project site include transportation, low -density developed residential areas, and salt/brackish tidal marsh. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Currently residential; all work will be completed within (Attach zoning compliance certificate, if applicable) existing and proposed right-of-way and proposed ❑Yes ❑No ®NA easements 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 ®No ❑ NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252.808-2808 .. 1-888-4RCOAST .. www.nccoastatmanaget"ent.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (if) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. Drinking water is provided by the Cape Fear Public Utility Authority (CFPUA) which uses the Cape Fear River as the supply source for this area of the City. p. Describe existing storm water management or treatment systems. A combination of roadside ditches and a stormwater pipe network with a pipe outfall that discharges to the tidal marsh associated with Bradley Creek. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®PublidGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to facilitate and improve bicycle and pedestrian access on Hooker Road by constructing a multi- use path along Hooker Road between Mallard Street and Wrightsville Avenue. There are currently no facilities for bicylists and limited pedestrian facilities. The project is needed to create continuous bicycle and pedestrian accommodations along Hooker Avenue and improve connectivity to existing bicycle and pedestrian facilities, such as the River to Sea Bikeway and the Gary Shell Cross City Trail. Once completed, the multi -use path will be open to the public to use. 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. The proposed project will be constructed as shown in the attached plans. The proposed project includes the construction of an 8-foot asphalt multi -use path along the north side of Hooker Road from Mallard Street to Wrightsville Avenue, for a total project length of approximately 0.73 miles. The current roadway is approximately 18-feet wide and has no shoulders on either side. There are no bicycle or pedestrian facilities on the roadway, except for 200-feet of sidewalk at the intersection of Woodland Forest Court, which would tie into the project. The proposed multi -use path would be separated by a 2.0-foot new curb and gutter. The proposed multi -use path would conned to the existing Gary Shell Cross City Trail at Mallard Street and to the existing bicycle lanes along Wrightsville Avenue. High - visibility crosswalks would be installed across Trowbridge Road, Teal Street, Tidal Reach Court, and Hooker Road near the Wrightsville Avenue intersection. The project would require drainage improvements to accommodate stormwater runoff due to the installation of the multi -use path. Drainage improvements include installation of curb and gutter on the north side of Hooker Road to accommodate the proposed multi -use path. A component of the drainage improvements includes the replacement of an 18" existing pipe on the north side of Hooker Road with a new pipe tied to the new curb and gutter drainage that discharges to the adjacent tidal marsh. The new pipe will be a 36" reinforced concrete pipe (RCP) that will be buried 12 inches beneath the ground surface and the trench backfilled with suitable material. A riprap pad will be installed at the outlet of the new pipe. The new pipe is aligned so the outlet will match the existing pipe where a scour hole has formed. The riprap pad will fill the existing scour hole that is already lined with riprap. The new riprap pad would restore the area to a more natural elevation. The proposed work would improve water flow, habitat, and overall quality of the coastal wetland. Adjustments to underground utilities (stormwater, potable water, sanitary sewer) will necessary to facilitate construction and avoid other utility conflicts. The water distribution network improvements will include a relocation of approximately 460 feet of the water main on Hooker Road in approximately the same location. All existing infrastructure will be maintained or replaced in kind. No impacts to jurisdictional waters of the U.S., including coastal wetlands, will result from the underground utility work Equipment used to construct the project may include but are not limited to bulldozers, backhoes, trac& excavators, paving equipment, and graders. Equipment will be stored in upland in specified staging areas. 252-808.2808 ., 1-888.4RCOAST .. www.neeoastal me narq,re t, ct Q, e okit, Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. List all development activities you propose. Development activities include the proposed multi -use path, curb and gutter, a new pipe installation to replace an existing 18" reinforced pipe that discharges stormwater into the adjacent coastal wetland, and riprap pad. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 2.97 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area RYes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Ajoint Section 404 jurisdictional wetland/coastal wetland and coastal shoreline Areas of Environmental Concern (AECs) are present within the project area on the 130 Hooker Road property. The boundaries of the coastal wetland and the normal high water level were verified by DCM during a site visit on September 1, 2021. The City of Wilmington received a signed Jurisdictional Determination (JD) from the USACE on October 4, 2021 agreeing with the joint Section 404jurisdictional wetland/coastal wetland boundary. Proposed temporary impacts to the coastal wetland includes 184 sq. ft, (<0.01) due to the installation and burial of a new 36" reinforced concrete pipe, and 1,105 sq. ft. (0.03 ac.) due to construction access to install the new pipe, which is a total of 1,289 sq. ft. (0.03 ac.). The area of proposed temporary impacts will be restored to preconstruction contours and replanted with plugs and/or bare root seedlings consisting of a mixture of cattail, bulrush, sawgrass, and cordgrass or otherwise approved CAMA coastal wetland plant species. The plants will be obtained from a local nursery and will be planted in accordance to the supplier's recommendations. Proposed permanent impacts to the coastal wetland include 150 sq. ft. (<0.01 ac) due to the installation of a riprap pad. The riprap pad will be installed in an existing scour hole (currently lined with riprap) that has formed at the outlet of the existing culvert. The project will improve existing conditions by reducing erosive outlet velocities and improving water quality and habitat; therefore, no mitigation is being proposed for the project. I. Will wastewater or stormwater be discharged into a wetland? RYes ❑No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes RNo ❑NA j. Is there any mitigation proposed? ❑Yes RNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 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 lobe complete. Items (a) — (0 are always applicable to any major 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 tee. Check or money order made payable to DENR. 252.808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit I. 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 John and Kristine Marchisin Phone No. N/A Address 130 Hooker Road, Wilmington, NC, 28403 Name Erik Snyder Phone No. N/A Address 126 Hooker Road, Wilmington, NC, 28403 Name William Compton Phone No, N/A Address 202 Hooker Road, Wilmington, NC, 28403 g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Stormwater Permit No. SW8 100101 issued by NCDEQ to the NC Conlruction General Permit(NCG01) Project ID NEWHA- City of Wilmington on July 16, 2016 2022-015 issued by NCDEQ to the City of Wilmington on January 20, 2022 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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. I further certify that tho information provided in this application is truthful to the best of my knowledge. Date /19e 7/27 Print Name -V. a' Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information FEB 0 7 2022 DCN1WH. „A,j";;0N.>vc 252.808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One paved multi -use path spanning across the project tract, section of residential driveway within the fill slope for 27 driveways, temporary silt fences for erosion control c. Density (give the number of residential units and the units per acre). N/A - no residential units in project tract e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes []No ❑NA (ii) If yes, list the date submitted: 1/7/2022 g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. The tract for the purposes for these calculations is defined as the limits of disturbance for the project. 30 feet buffer from the normal high water line - 0% 75 feet from the normal high water line - 23.6% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. The tract used for the purposes of this calucaltion is defined as the limits of disturbance for the project. 29.2% existing impervious surface (0.87 acre) in the tract, proposing an additional 36.4% of impervious surface (1.08 acres), for a total of 65.6% (1.95 acres) within the limits of disturbance. j. Describe proposed method of sewage disposal. N/A 27 - only a small portion of the parcels will be affected by the proposed project. The City will obtain right-of- way/easements prior to construction of the proposed project. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 2.97 ac. (limits of disturbance) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt, concrete, and flexi-pave h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes []No ❑NA (it) If yes, list the date submitted: 11/16/21 k. Have the facilities described in Item (1) received stale or local approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. FEB 0 7 2022 252.808-28082 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12I26�06 Form DCM MP-3 (upland Development, Page 2 of 2) I. Describe location and type of proposed discharges to waters of the slate (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). surface runoff and direct stormwater drainage through the proposed replacement pipe with the outfall located in approximately the same location as the existing pipe m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) N/A o. When was the lot(s) platted and recorded? N/A Date Hooker Road Multi -Use Path Project Name b Applicant Name Applca ignalure m. Does the proposed project include an innovative stormwater design? ❑Yes NNo ❑NA If yes, attach appropriate documentation. n. (i) Will water be impounded? ❑Yes NNo ❑NA (it) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA 252-808-2808 :: 1.888-4RCOAS7:: www.nccoastalmanagement.net revised: 12/26/06 Form ON MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ®This section not applicable a. Is the proposed bridge: ❑Commercial ❑Public/Government ❑Private/Community c. Type of bridge (construction material): e. (i) Will proposed bridge 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) 9. Length of proposed bridge: I. Will the proposed bridge affect existing water Flow? ❑Yes []No If yes, explain: k. Navigation clearance underneath proposed bridge: b. Water body to be crossed by bridge: d. Water depth at the proposed crossing at NLW or N WL: f. (1) Will proposed bridge replace an existing culvert? ❑Yes ❑No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ❑Yes ❑No If yes, explain: 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 ❑This section not applicable a. Number of culverts proposed: 1 b. Water body in which the culvert is to be placed: Tidal marsh adjacent to Bradley Creek < Form continues on back> FEB 0 7 2022 252-808-2808 :: b888.4RCOAST :: www.nccoastalma na-gement net revised: 10l26/06 Form DCM MP-5 (Bridges and Culverts, Page 2 of 5) C. Type of culvert (construction material): 36 in. reinforced concrete pipe (RCP) with a riprap pad at the outlet d. (i) Will proposed culvert replace an existing bridge? []Yes ®No If yes, (ii) Length of existing bridge: N/A (ill) Width of existing bridge: N/A (iv) Navigation clearance underneath existing bridge: N/A (v) Will all, or a part of, the existing bridge be removed? (Explain) N/A f. Length of proposed culvert: 79 ft. h. Height of the lop of the proposed culvert above the NHW or NWL. 3 ft. j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ®No If yes, explain: The proposed pipe and riprap pad will not be located in areas that are used for navigation. e. (i) Will proposed culvert replace an existing culvert? ®Yes ONO If yes, (ii) Length of existing culvert(s): 89 ft. (ill) Width of existing culvert(s): 18 in. (iv) Height of the top of the existing culvert above the NHW or NWL: 1.5-3 ft. (v) Will all, or a part of, the existing culvert be removed? (Explain) Yes, the last 8 ft of the existing 18" pipe will need to be removed in order install the proposed 36" pipe. The remainder of the existing 18" pipe will be capped and filled. g. Width of proposed culvert: 36 in. i. Depth of culvert to be buried below existing bottom contour. 12 in. k. Will the proposed culvert affect existing water flow? ®Yes ❑No If yes, explain: The existing pipe is undersized for current conditions and a scour hole has formed at the outfall. The proposed pipe replacement will be upsized and a new riprap pad will be installed in the approximate location of the existing scour hole that is currently lined with riprap. The amount of new impervious area for the project is minimal and limited to the proposed muti-use path and curb and gutter. As such, the relative increase in peak discharges is minor.The proposed pipe would improve water flow by reducing erosive outlet velocities in this location. 3. EXCAVATION and FILL ❑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: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: 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 (Se), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ECW 184 ❑SAV N/A Else N/A ❑WL N/A []None (ii) Describe the purpose of the excavation in these areas: The proposed pipe will need to extend out into the marsh to allow for stormwater drainage to Bradley Creek. The purpose of the excavation is to install a replacement pipe. 252.808-2808 :: 1.888.41RCOAST :: www.nccoastalmanagement.net revised: 10126/06 Forth DCM MP-5 (Bridges and Culverts, Page 3 of 5) c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ®Yes ❑No If yes, (ii) Avg. length of area to be excavated: 51 ft. (iii) Avg. width of area to be excavated: 6.7 ft (iv) Avg. depth of area to be excavated: 6.4 ft (v) Amount of material to be excavated in cubic yards: 77.2 d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: Excavated material will be placed on site within the limits of disturbace during the pipe installation (see plans). Spoil excavated from uplands will not be placed in the coastal wetland. Once the installation is complete, the pipe will be buried using the excavated material (see the following page for more details). Any excess material will be appropriately disposed of offsite by the contractor. (it) Dimensions of the spoil disposal area: Not specified at this time (iii) Do you claim title to the disposal area? NYes ❑No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? []Yes NNo (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? NCW ❑SAV ❑WL ❑SB []None If any boxes are checked, give dimensions if different from (ii) above. 184 sq. ft. (only excavated material from coastal wetland will be placed in the coastal wetland to bury the pipe) (vi) Does the disposal area include any area below the NHW or NWL? ? []Yes NNo If yes, give dimensions if different from (if) 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 NNo If yes, (it) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: 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 NNo If yes, (it) Avg. length of area to be filled: (iii) Avg. width of area to be filled: IN) 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 wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. NCW 150 ❑SAV N/A ❑SB N/A NWL 150 ❑None (ii) Describe the purpose of the excavation in these areas: A riprap pad will be installed at the outlet of the proposed pipe. The riprap pad will be located in approximately the same location as the existing riprap pad. At this location, a scour hole has formed. The new riprap pad will benefit the wetland by improving water flow, habitat, and overall quality of the wetland. The new riprap pad will be installed closer to a more natural elevation than current conditions. 252808-2808 :: 1-888-4RCOAST :: www.nccoastaim.inagement.net FEB 0 7 2M revised: 10126.!06 Form DCM MP-5 (Bridges and Culverts, Page 4 of 5) 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 []No detour structures? NYes []No If yes, explain: Approximately 460 feet of existing If yes, explain: Equipment used to divert traffic during the waterline would be relocated as part of the proposed construction of the project may include flashing arrow project. The City has coordinated with the CFPUA for boards, cones, barricades, and flagging devices. There this project. will be no closures or narrowing of the lanes on Monday - Friday from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM. If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ❑Yes NNo controlled? If yes, complete Form DCM-MP-2. All construction activities will take place only in the right-of- way and easements located within the limits of disturbance that are in the project plans. The minimum erosion control measures will be constructed in accordance with the NC Erosion and Sediment Control Planning and Design Manual. The prorposed pipe will be buried. A trench will be dug where the pipe will be installed. The pipe will be buried using the excavated material. The coastal wetland soils will be used to bury the pipe within the coastal wetland boundary. The excavated material used to bury the pipe will be used to restore the area to preconstruction contours. All waste material and construction debris will be temporarily stockpiled in uplands on -site for a short period of time during construction and promptly disposed of at a construction and demolition landfill or other facility in possession of an erosion and sediment control permit as well as any/all other applicable permits. All erosion control measures will be regularly inspected and maintained and will be inspected immediately following any measurable storm event. Materials will not be staged within 50 feet of open drainage structures. A layer of sand, screening, or fines will be placed on paved surfaces before depositng any excavation materials. 252-808.2808 :: 1-888 4RCOAS-T :: www.nccoastdmanagement.net revised: 10i26i06 Form DCM MP-5 (Bridges and Culverts, Page 5 of 5) e. What type of construction equipment will be used (for example, f. dragline, backhoe, or hydraulic dredge)? Equipment used to construct the project may include but are not limited to bulldozers, backhoes, tracked excavators, paving equipment, and graders. Equipment will be stored in upland in specified staging areas. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? DYes ®No if yes, complete form MP-2, Section 3 for Shoreline Stabilization only. Date Hooker Road Multi -Use Path Project Name Applicant Name App �t�� Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. FEB 0 7 2022 252.808.2808 :: 1-888-4RCOAST :: www.ncconstaimanagement.net revised: 10/26/06 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director WSP USA c/o Amanda Johnson Suite 1500 434 Fayetteville Street Raleigh, NC 27601 Dear Ms. Johnson, NORTH CAROLINA Environmental Quality March 8, 2022 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 130 Hooker Road, adjacent to the Bradley Creek in New Hanover County. It was received as complete on February 25, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 11, 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 February 25, 2022, 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. Sincere1 , Bryan Hall Field Representative cc: Cameron Luck, DCM Holley Snider, DWR Anthony Caudle, Applicant USACE Christine Bouffard, LPO North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 8, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmenta/Quality • City of Wilmington Hello: Please publish the attached Notice in the Friday, March 11, 2022 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. If you should have any questions, please contact me at our Wilmington office. �\ cc: MHC Files Cameron Luck — MHC USACE ort & Customer Assistance a,.m.n aalw..smiwrp� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 2W5 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 March 8, 2022, the City of Wilmington proposed to install a multi -use path & upgrade an existing stormwater pipe with associated coastal wetland fill on Hooker Rd between Mallard St. & Wrightsville Ave., adj. to Bradley Creek 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 April 1, 2022 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. Q Q. 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 AGENT AUTHORIZATION FORM Please note that multiple forms may be necessary If there are more than two owners of the property. PROPERTY LEGAL DESCRIPTION: STREET ADDRESS OF EXISTING HOME or LATITUDE/LONGITUDE OF NEW CONSTRUCTION: 34.222796,-77.846689 (along north side of Hooker Road from Rose Avenue to Wrightsville Avenue in Wilmington, NC) Parcel ID: multiple Property Owner Names) — please print: Property Owner: City of Wil_mingtonjTony Caudle City Manager) Property Owncr: John Marchisin and Kdstina Marchisin, 130 Hooker Road, Wilmington, NC, 28403 The undersigned, registered property owners of the above noted property, do herebyauthorize Amanda Johnson, PWS of WSP USA, Inc. (Contractor/Agent) (Name of company) to act on my behalf and take all actions necessary for the processing, issuance and acceptanceof this permit or certification and any and all standard and special conditions attached. Property Owners Mailing Address (if different than property address above): City of Wilmington: PO Box 1810, Wilmington, NC, 28402 City of Wilmington: PO Box 1810, Wilmington, NC, 28402 Property Owner(s) Telephone: (910) 341-7810 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Aut orized slgna�t�ute�c Date ICI{ 11 Authorized Signature Date 322 AGENT AUTHORIZATION FORM Please note that multiple forms may be necessary if there are more than two owners of the property. PROPERTY LEGAL DESCRIPTION: STREET ADDRESS OF EXISTING HOME or LATITUDE/LONGITUDE OF NEW CONSTRUCTION: 34.222796,-77.846689 (along north side of Hooker Road from Rose Avenue to Wrightsville Avenue in Wilmington, NC) Parcel ID: multiple Property Owner Name(s) — please print: Property Property Owner: of Wilmi Caudle, City Ma John Marchisin and Kristina Marchisin, 130 Hooker Road, Wilmington, NC, 28403 The undersigned, registered property owners of the above noted property, do herebyauthorize Amanda Johnson, PWS of WSP USA, Inc. (Contractor/Agent) (Name of company) to act on my behalf and take all actions necessary for the processing, issuance and acceptanceof this permit or certification and any and all standard and special conditions attached. Property Owners Mailing Address (if different than property address above): City of Wilmington: PO Box 1810, Wilmington, NC, 28402 City of Wilmington: PO Box 1810, Wilmington, NC, 28402 Property Owner(s) Telephone: (91 0) 341 -781 0 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Auth r' S,i—gnature Authorized Signature Date / Date FEB 0 '1 2022 February 04, 2022 Erik Snyder 126 Hooker Road Wilmington, NC 28403 Certified Mail — Return Receipt Requested Subject: Application for Coastal Area Management Act Major Permit for the Proposed Hooker Road Multi - Use Path, New Hanover County Dear Mr. Snyder: On behalf of the City of Wilmington, WSP USA has completed a Coastal Area Management Act (CAMA) major permit application for the proposed Hooker Road Multi -Use Path project that includes the construction of a multi- use path along the north side of Hooker Road from Mallard Street to Wrightsville Avenue and the installation of a new stormwater pipe at 130 Hooker Road that will drain to Bradley Creek, 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 forms and drawings. Should you have any objections to this proposal, please send your written comments to Tara MacPherson, 127 Cardinal Drive Ext., Wilmington, NC, 28405, 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 (919) 376-2733, or e-mail me at Enclosures Kind regards, �� Amanda Johnson, PWS Lead Consultant, Environmental Scientist cc. Matthew Hypes, PE, City of Wilmington Bryan Hall, NC Division of Coastal Management WSP USA Suite 1500 434 Fayetteville Streel Raleigh, NC 27601 Tel.: ♦1 919 836-4040 Fax: +1 919 636-4099 wsp.com FEB 0 7 2022 February 04, 2022 John and Kristian Marchisin 130 Hooker Road Wilmington, NC 28403 Certified Mail — Return Receipt Requested Subject: Application for Coastal Area Management Act Major Permit for the Proposed Hooker Road Multi - Use Path, New Hanover County Dear Mr. & Mrs. Marchisin: On behalf of the City of Wilmington, WSP USA has completed a Coastal Area Management Act (CAMA) major permit application for the proposed Hooker Road Multi -Use Path project that includes the construction of a multi- use path along the north side of Hooker Road from Mallard Street to Wrightsville Avenue and the installation of a new stormwater pipe at 130 Hooker Road that will drain to Bradley Creek, 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 forms and drawings. Should you have any objections to this proposal, please send your written comments to Tara MacPherson, 127 Cardinal Drive Ext., Wilmington, NC, 28405, 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 (919) 376-2733, or e-mail me at Enclosures Kind regards, Amanda Johnson, PWS Lead Consultant, Environmental Scientist CC. Matthew Hypes, PE, City of Wilmington Bryan Hall, NC Division of Coastal Management WSP USA Sude 1500 434 Fayetteville Street Raleigh. NC 27601 Tel.: +1 919 836-4040 Fax *1 919 836-4099 wsp.com FEB 0 7 2022 February 04, 2022 William Compton 202 Hooker Road Wilmington, NC 28403 Certified Mail — Return Receipt Requested Subject: Application for Coastal Area Management Act Major Permit for the Proposed Hooker Road Multi - Use Path, New Hanover County Dear Mr. Compton: On behalf of the City of Wilmington, WSP USA has completed a Coastal Area Management Act (CAMA) major permit application for the proposed Hooker Road Multi -Use Path project that includes the construction of a multi- use path along the north side of Hooker Road from Mallard Street to Wrightsville Avenue and the installation of a new stormwater pipe at 130 Hooker Road that will drain to Bradley Creek, 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 forms and drawings. Should you have any objections to this proposal, please send your written comments to Tara MacPherson, 127 Cardinal Drive Ext., Wilmington, NC, 28405, 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 meat (919) 376-2733, or e-mail me at . Enclosures Kind regards, �iNGVI:C, Amanda Johnson, PWS Lead Consultant, Environmental Scientist CC. 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SAW-2021-00331 County: New Hanover U.S.G.S. Quad: NC -Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Cite of Wilmineton Matthew Hvpes, P.E. Address: P.O. Box 1810 Wilmineton, NC 28402 E-mail: Matt.HvnesGP:wilminetonnc.eov Size (acres) 4_4 Nearest Town Wilmington Nearest Waterway Bradlev Creek River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.22279 Longitude:-77.84668 Location description: The protect location is along Hooker Road from Mallard St. to Wrightsville Ave. 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 (REA) (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 September 2021. Therefore this preliminary jurisdiction determination may be used in the permit 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 arejurisdictional 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 tiuther 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 it period not to exceed five years from the date of this notification. ❑ There are waters, including wetlundson the above described project area/properly 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 - li a io ltth t can be verified by the Corps. I1-ge5 �� ��` � SAW-2021-00331 ❑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 DATE. We strongly 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 determination 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 (CAMA). 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 § 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.e.shaver(rr usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 10/04/2021. D. Remarks: This PJD was made via desktol). E. Attention USDA Program Participants This del ineatiom/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction 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) 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 Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNINLctUSACE.ARMY MIL SAW-2021-00331 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 Not applicable. **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: Digitally signed by Brad Shaver Date: 2021.10.04 10:05:29 -04'00' Date of JD: 10/04/2021 Expiration Date of JD: Not applicable 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 our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Furnished(electronic): WSP attn: Amanda Johnson WSP arm: Adam Karagosian FEB 0 7 2022 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: City of Wilmington, Matthew H cs P.E. File Number: SAW-2021-00331 Date: 10104/2021 Attached is: E See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D 0 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 http://www.usace.army.mil/Missions/CivilWorks/ReeulatoiyPrograivandPermits asnx 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 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 permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the pennit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section If 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 the 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 II of this form and sending the form to the district engineer. This form Hurst be received by the division engineer within 60 days of the date of this notice. 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 determined 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. PHILIP A. SHANNIN Attn: Brad Shaver ADMINISTRATIVE APPEAL REVIEW OFFICER Wilmington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 69 Darlington Avenue ATLANTA, GEORGIA 30303-8803 Wilmington, North Carolina 28403 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PIIILIP.A.SFIANNINRcUSACE.ARMY.MIL 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: Si nature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington As°enue, Wilmington, North Carolina 28403 For Permit menials, Proffered Permits and Approved Jurisdictional Determinations send this foray ta: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room I0115, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 1113 �77RC Type I or II Categorical Exclusion Action Classification Form STIP Project No. WBS Element Federal Project No. A. Project Description: U-5534G 44096.1. F8 STPDA-0332 (48) The proposed Hooker Road Multi -Use Path project would construct an 8-foot asphalt multi -use path along the north side of Hooker Road from Mallard Street to Wrightsville Avenue, for a total project length of approximately 0.73 miles. The current roadway is approximately 18-feet wide and has no shoulders on either side. There are no bicycle or pedestrian facilities on the roadway, except for 200- feet of sidewalk at the intersection of Woodland Forest Court, which would tie into the project. The proposed multi -use path would be separated by a 2-foot new curb and gutter. The proposed multi -use path would connect to the existing Gary Shell Cross City Trail at Mallard Street and to the existing bicycle lanes along Wrightsville Avenue. High -visibility crosswalks would be installed across Trowbridge Road, Teal Street, Tidal Reach Court, and Hooker Road near the Wrightsville Avenue intersection. The project would require drainage improvements to accommodate stormwater runoff due to the installation of the multi -use path. A component of the drainage improvements includes the replacement of an existing culvert on the north side of Hooker Road with a new pipe that discharges to an adjacent marsh. The project would also require the conversion of an existing ditch drainage to curb drainage to accommodate the proposed path near the intersection of Hooker Road and Wrightsville Avenue. Approximately 425 feet of existing waterline would be relocated as part of the proposed project, as well as drainage improvements. Refer to the attached project location map. The City of Wilmington received federal funds through the Surface Transportation Block Grant Program (STBGP) for the design and construction of the proposed project. B. Description of Need and Purpose: The purpose of the Hooker Road Multi -Use Path project is to facilitate and improve bicycle and pedestrian access on Hooker Road by constructing a multi -use path along Hooker Road between Mallard Street and Wrightsville Avenue. There are currently no facilities for bicyclists and limited pedestrian facilities. The roadway is a narrow 18-foot wide cross section with grass shoulders and drainage ditches on either side. The project is needed to create continuous bicycle and pedestrian accommodations along Hooker Avenue and improve connectivity to existing bicycle and pedestrian facilities, such as the River to Sea Bikeway and the Gary Shell Cross City Trail. The project is also needed to improve bicycle and pedestrian access to the University of North Carolina Wilmington (UNCW) campus for students and residents. The Hooker Road multi -use path is identified in the Wilmington Metropolitan Planning Organization's 2013 Greenway Plan as future bicycle lanes. In addition, the 2009 Walk Wilmington Comprehensive Pedestrian Plan recommends sidewalks on Hooker Road. C. Categorical Exclusion Action Classification: Type I(A) - Ground Disturbing Action D. Proposed Improvements FEB 0 7 2022 Appendix A 3. Construction of bicycle and pedestrian lanes, paths, and facilities. 8. Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur. v2019.1 U-5534G Type 1(A) CE Page 1 23(i). Federally funded projects that receive less than $5,000,000 (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds. E. Special Proiect Information: A request for comment letter was sent through the N.C. State Clearinghouse on February 16, 2021. The Department of Public Safety Division of Emergency Management, DEQ Division of Water Resources, DEQ Division of Air Quality, and N.0 Wildlife Resource Commission had no comment upon review of the project corridor and description of proposed activities. The NCDEQ Public Water Supply Section noted that the proposed waterline relocation plans will need to be submitted to the Division of Water Resources/Public Water Supply Section. The City of Wilmington will submit applications and final design plans to the NCDEQ for review. Request for comment letters were also sent to the U.S. Army Corps of Engineers (USACE) Wilmington District and the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS) on February 16, 2021 . The USACE indicated that the North Carolina Division of Coastal Management (NCDCM) would serve as lead permitting agency if impacts are within tidal waters. The NMFS recommended a scoping meeting with NCDCM to discuss the project. Further coordination with NCDCM will occur prior to project construction to obtain necessary approvals. Natural Environment Suitable habitat is present in the project corridor for the eastern black rail (Laterallus jamaicensis jamaicensis), which is a threatened species protected under the Endangered Species Act (ESA). During the field evaluation, no eastern black rails were observed. The culvert replacement would likely meet the requirements for activities excepted from prohibitions in the 4(d) rule for eastern black rail. A biological opinion of May Affect, Not Likely to Adversely Affect was rendered for eastern black rail. The US Fish and Wildlife Service has revised the previous programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina, The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. Although this PBO covers Divisions 1-8, NLEBs are currently only known in 22 counties, but may potentially occur in 8 additional counties within Divisions 1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30 currently known/potential counties shown on Figure 2 of the PBO at this time. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO will ensure compliance with Section 7 of the ESA for ten years (effective through December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8, which includes New Hanover County, where U-5534G is located. No other species protected under the ESA listed for New Hanover County had suitable habitat present in the project corridor. A bald eagle nest survey was conducted within a 660-foot buffer of the existing project study area and no nests were observed. WSP biologists did not receive a response from the U.S. Fish and Wildlife Service (USFWS) Raleigh Ecological Services Field Office regarding the attached self - certification letter sent on February 16, 2021, . USFWS therefore concurred with the biological opinions. Erosion and sediment control plans and a stormwater permit will be submitted to NCDEQ if one or more acres of land will be disturbed. WSP environmental scientists conducted a field evaluation of the project study area on February 2, 2021. Waters of the United States (WOTUS), including coastal wetlands and non -coastal wetlands, were delineated in the project corridor. The culvert replacement area extends into a tidal marsh adjacent to Bradley Creek, and potential marsh impacts are expected to qualify for a Clean Water Act Section 404 Nationwide Permit and Coastal Area Management Act general permit. A Clean Water Act Section 401 Water Quality Certification will also be required. The N.C. Department of Public Safety Division of Emergency Management indicated the project encroaches into the Special Flood Hazard Area (SFHA). A floodplain development permit issued by the City of Wilmington will be required for any grading, fill, or placement of equipment or materials in the SFHA. v2019.1 U-5534G Type I(A) CE Page 2 The NCDEQ Public Water Supply Section noted that the proposed waterline relocation plans will need to be submitted to the Division of Water Resources/Public Water Supply Section. The City of Wilmington will submit applications and final design plans to the NCDEQ for review. Environmental Screening A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR) to identify known contaminated sites within one mile of the project study area. Construction limits associated with the Hooker Road Multi -Use Path project were reviewed and the project is not anticipated to result in any impacts to known contaminated sites. Within '/- mile of the project, the EDR report identified one Resource Conservation and Recovery Act (RCRA) site at Timberlynn Village Mobile Home Park. The site is inactive with its last inspection in 2007. No violations were identified during the past inspections. No leaking underground storage tank incidents (LUST) are known to have occurred within Y2 mile of the project site. The NCDEQ had no comments regarding reported petroleum releases or registered USTs in the project area. National Historic Preservation Act A review of the NC State Historic Preservation Office (SHPO) HPOWEB 2.0 web mapping application revealed a house identified as NH1742 with a status of "surveyed -only" located at 120 Hooker Road. No impacts to the structure will result from the proposed project. The NC Department of Natural and Cultural Resources had no comment upon review of the project corridor and description of proposed activities. Demographics The Hooker Avenue Multi -Use Path project demographic profile was screened using the NCDOT Demographic Snapshot Tool, which uses the American Community Survey (ACS) 5-year block group data from 2014-2018. There is one block group that encompasses the entire study area. The block group is considered an environmental justice population because the percentage of people under 50% of the poverty level (15.0%) is over 5% greater than that of New Hanover County (9.1%). Additionally, there are 118 residents in the block group who speak Spanish as their primary language and speak English less than very well. There would be no adverse impacts to any of these populations or any other residents due to right-of- way (ROW) impacts or temporary construction easements (TCE). Based on 60% designs, the project would require approximately 0.3 acres of temporary easements spreads across 24 parcels. The impacts would be associated with the construction of the multi -use path. The Hooker Road Multi -Use Path project would be a betterment to the community by providing pedestrian facilities and improving connectivity to local destinations, such as existing greenways and the UNCW campus. Once construction is completed, the impacted portions of these properties would be returned to their pre -construction uses. The City will work closely with the owners and residents to minimize impacts to these properties. The City of Wilmington will distribute information in English and Spanish to effectively communicate to residents in the Hooker Road Multi -Use Path project area about the proposed project. Public Involvement The City of Wilmington sent letters to property owners along the Hooker Road Multi -Use Path project in January 2021. The letters included the project description, the City of Wilmington project manager's contact information, and notified them of potential survey work occurring in their area. Five comments were received for the project regarding the construction of the multi -use path. All of the comments were in favor of the future bicycle and pedestrian accommodations on Hooker Road. Two comments addressed concerns that the placement of the multi -use path on the north side of the roadway would pose safety issues related to visibility of bicyclists and pedestrians at intersections; specifically, at the Hooker Road/Wrightsville Avenue intersection and the need for safe road crossings and visual markings. The City of Wilmington reviewed whether the multi -use path could be constructed on the south side of the road. However, the project was cost -prohibitive due to utility impacts, wet and dry utility relocations, and drainage issues on the south side of Hooker Road. The south side would require more stormwater infrastructure as well as relocation of water, sewer, gas, and overhead power lines. The project design includes high -visibility crosswalks at the intersections of Tidal Reach Court, Teal Street, and Trowbridge Street to provide safe and clearly marked crossing poilf�r,jm�tt�pse path users. v2019.1 U-5534G Type I(A) CE Page 3 The other three comments expressed interest in preserving as may trees as possible throughout the corridor and ensuring trees on the property owners land would not be trimmed heavily or removed. The City responded to all comments and ensured constituents that the City arborist was working closely with the project to remove as few trees as possible and to ensure that properties were still buffered from the multi -use path. The City of Wilmington will send out another property owner notification letter prior to construction to provide an update on the project design. F. Project Impact Criteria Checklists F2. Ground Disturbing Actions - Type I (Appendix A) & Type II (Appendix B) Proposed improvement(s) that fit Type l Actions (NCDOT-FHWA CE Programmatic Agreement, Appendix A) including 2, 3, 6, 7, 9, 12, 18, 21, 22 (ground disturbing), 23, 24, 25, 26. 27, 28, &/or 30; &/or Type II Actions (NCDOT-FHWA CE Programmatic Agreement, Appendix B) answer the project impact threshold questions (below) and questions 8 - 31. • If any question 1-7 is checked "Yes" then NCDOT certification for FHWA approval is required. • if any question 8-31 is checked "Yes" then additional information will be required for those questions in Section G. PROJECT IMPACT THRESHOLDS (FHWA signature required if any of the questions 1-7 are marked "Yes") Yes No 1 Does the project require formal consultation with U.S. Fish and Wildlife Service El 2 (USFWS) or National Marine Fisheries Service (NMFS)? 2 Does the project result in impacts subject to the conditions of the Bald and Golden El z Eagle Protection Act (BGEPA)? 3 Does the project generate substantial controversy or public opposition, for any reason, following appropriate public involvement? 4 Does the project cause disproportionately high and adverse impacts relative to low- income and/or minority populations? 5 Does the project involve a residential or commercial displacement, or a substantial amount of right of way acquisition? 6 Does the project require an Individual Section 4(f) approval? El Q Does the project include adverse effects that cannot be resolved with a 7 Memorandum of Agreement (MOA) under Section 106 of the National Historic El 2 Preservation Act (NHPA) or have an adverse effect on a National Historic Landmark (NHL)? If any question 8-31 is checked "Yes" then additional information will be required for those questions in Section G. Other Considerations Yes No 8 Is an Endangered Species Act (ESA) determination unresolved or is the project Q covered by a Programmatic Agreement under Section 7? 9 Is the project located in anadromous fish spawning waters? ZA Does the project impact waters classified as Outstanding Resource Water (ORW), 10 High Quality Water (HQW), Water Supply Watershed Critical Areas, 303(d) listed [� impaired water bodies, buffer rules, or Submerged Aquatic Vegetation (SAV)? v2019.1 U-5534G Type I(A) CE Page 4 11 Does the project impact Waters of the United Slates in any of the designated El trout streams? 12 Does the project require a U.S. Army Corps of Engineers (USACE) Individual ❑ Q Section 404 Permit? 13 Will the project require an easement from a Federal Energy Regulatory ❑ Q Commission FERC licensed facility? Other Considerations for Type I and II Ground Disturbing Actions (continued) Yes No Does the project include a Section 106 of the National Historic Preservation Act 14 (NHPA) effects determination other than a No Effect, including archaeological ❑ 0 remains? 15 Does the project involve GeoEnvironmental Sites of Concerns such as gas ❑ stations, dry cleaners, landfills, etc.? Does the project require work encroaching and adversely affecting a regulatory 16 floodway or work affecting the base floodplain (100-year flood) elevations of a El Q water course or lake, pursuant to Executive Order 11988 and 23 CFR 650 subpart A? 17 Is the project in a Coastal Area Management Act (CAMA) county and substantially El affects the coastal zone and/or any Area of Environmental Concern (AEC)? 18 Does the project require a U.S. Coast Guard (USCG) permit? ❑ [� 19 Does the project involve construction activities in, across, or adjacent to a ❑ Q designated Wild and Scenic River present within the project area? 20 Does the project involve Coastal Barrier Resources Act (CBRA) resources? ❑ 0 21 Does the project impact federal lands (e.g. U.S. Forest Service (USFS), USFWS, ❑ Q etc.) or Tribal Lands? 22 Does the project involve any changes in access control or the modification or El Q construction of an interchange on an interstate? 23 Does the project have a permanent adverse effect on local traffic patterns or ❑ Q community cohesiveness? 24 Will maintenance of traffic cause substantial disruption? ❑ 0 25 Is the project inconsistent with the STIR and where applicable, the Metropolitan ❑ Planning Or anization's MPO's Transportation Improvement Program (TIP)? Does the project require the acquisition of lands under the protection of Section 6(f) of the Land and Water Conservation Act, the Federal Aid in Fish Restoration Act, 26 the Federal Aid in Wildlife Restoration Act, Tennessee Valley Authority (TVA), ❑ z Tribal Lands, or other unique areas or special lands that were acquired in fee or easement with public -use money and have deed restrictions or covenants on the ro ert? 27 Does the project involve Federal Emergency Management Agency (FEMA) buyout ❑ Q properties under the Hazard Mitigation Grant Program HMGP ? 28 Does the project include a de minimis or programmatic Section 4(f)? ❑ Q 29 Is the project considered a Type I under the NCDOT Noise Policy? ❑ Q 30 Is there prime or important farmland soil impacted by this project as defined by the ElFarmland Protection PolicyAct FPPA ? 31 Are there other issues that arose during the project development process that ❑ Q affected the project decision? FEB 0 7 20L v2019.1 U-5534G Type I(A) CE Page 5 G. Additional Documentation as Required from Section F (ONLY for questions marked 'Yes') Question 8: See "Natural Environment" in Section E. v2019.1 U-5534G Type I(A) CE Page 6 NCDOT PROJECT COMMITMENTS STIP Project No. U-5534G Hooker Road Multi -Use Path New Hanover County Federal Aid Project No. STPDA-0332 (48) WBS Element 44096.1.F8 City of Wilmington- Engineering Division • The City of Wilmington will distribute a property owner notification letter in English and Spanish to residents in the Hooker Road Multi -Use Path project area prior to construction to provide an update of the project • The construction plans and specifications will include notes and special provisions requiring the contractor to handle any contaminated soil and groundwater encountered in accordance with North Carolina Department of Environmental Quality (NCDEQ) standards and regulations. The City of Wilmington will notify the NCDEQ if contaminated soil or groundwater are encountered during construction. Construction activities will cease immediately and will not resume until directed by NCDEQ. • The City of Wilmington will obtain necessary permits from the U.S. Army Corps of Engineers, the N.C. Division of Water Resources, and the N.0 Division of Coastal Management for impacts to jurisdictional waters of the U.S. The N.C. Department of Public Safety Division of Emergency Management indicated the project encroaches into the Special Flood Hazard Area (SFHA). A floodplain development permit issued by the City of Wilmington will be required for any grading, fill, or placement of equipment or materials in the SFHA. • The City of Wilmington will submit waterline reloca NCDEQ for review and approval. U-5534G Type I(A) CE I. Categorical Exclusion Approval: STIP Project No. U-5534G WBS Element 44096.1.178 Federal Project No. STPDA-0332 (48) Prepared By: r 10.04.2021 Date Adam Karagosian, PWS, Senior Lead Consultant, Environmental Pla WSP USA Prepared For: Matthew Hypes, Project Manager, City of Wilmington, Engineering Division Reviewed By: 10/5/2021 o $10o"by: [7�%/%c CO Date F AF]OON d1B Ron T. Van Cleef, Division 3 Project Engineer North Carolina Department of Transportation • If NO grey boxes are checked in Section F (pages 2 ❑X Approved and 3), NCDOT approves the Type I or Type 11 Categorical Exclusion. • If ANY grey boxes are checked in Section F (pages 2 ❑ Certified and 3), NCDOT certifies the Type I or Type II Categorical Exclusion for FHWA approval. • If classified as Type III Categorical Exclusion. 10/5/2021 OocuSWn&E by: 5I�Ia L" hWlnhvu Date North Carolina Department of Transportation FHWA Approved: For Projects Certified by NCDOT (above), FHWA signature required. N/A Date for John F. Sullivan, III, PE, Division Administrator Federal Highway Administration Note: Prior to ROW or Construction authorization, a consultation may be required (please see Section Vll of the NCDOT-FHWA CE Programmatic Agreement for more details). ineer v2019.1 U-5534G Type 1(A) CE Page 8 s Plate f:r pa; 0 :n URA c Ic 4C 9 iyll�lil.'r isi•' Seagate .� 'o� Clua•;Aor lil r: G� Y V d - o ,r�l.•rru� noV 0 nl _%a C� 4 as \4F as 14.4 °4q,�q ii it, J g \� ✓ �, �Q\ o<Se Y I. CGS` O C�`aa �aaa y F ote I-ED � 1 M/ Sources ESRI, Garman, USGS Inlemap Hooker Road Multi -Use Path Project Q Hooker Road Study Area ►LN G ON U-5534G 0 . nn .L.... New Hanover County 0 125 250 500 August 2021 v Feet Figure 1 i a sW ff< �$ (N y + 03 O F- pv d w � = N K Q I � w Y ct LLI 0 w V) O U) a w N w (f) tY 01 d U D F- OU O LLJz UO Q W w W 0 0 Q a LL w m w w j U j cr D 0 U7 Z V)� U O Z_ (� OU Of OU W W W y W 0 W W X w W v LLJ Q Of W IY U1 0 ll�W V) U U Q U zz00 o zz m zz z z CO of d _0 OU U U H U !n U Li Fw- U' ti Q J H W W ti Q J Control No.: 21-E-0000-0853 County.: NEW HANOVER DEVON BORGARDT Clearinghouse Reviewer DEPT OF NATURAL & CULTURAL RESOURCE Project Information Type: Applicant: Project Desc.: Date Received: 2/16/2021 Agency Response: 3/18/2021 Review Closed: 3/18/2021 National Environmental Policy Act ping City of Wilmington Proposed project is for the construction of a multi -use path along Hooker Road from Mallard Street to Wrightsville Avenue, including drainage improvements. The proposed multi -use path will connect to the existing Cross -City Trail at Mallard Street and to the existing bike lanes along Wrightsville Avenue. As a result of this review the following is submitted: ZNoComment ❑Comments Below ❑ Documents Attached Reviewed By: DEVON BORGARDT Date: 3/5/2021 FEB 0 7 2022 04"T OF rHP P,11 �w,in,.x-e %rxvrt e �P - " United States Department of the Interior y ,A FISH AND WILDLIFE SERVICE >` 4RCN 3 �� Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 02/16/2021 Self -Certification Letter Proposed Hooker Road MA. -Use PMh and D,aina, Impro�emenls Project Name Dear Applicant. Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes Your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ✓❑ "may affect, likely to adversely affect' determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ✓❑ "no Eagle Act pennit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect' or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect' determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other inforniation regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigii/pp.litnml. If you have any questions, you can write to us at Raleigh(Wws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package FEB 0 7 2022 O 0 ti aY PI 1 ayar aa'1'PO ° yP ° Fv. 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