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
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FFB 0 7 20L
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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?
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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
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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.
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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.
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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
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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. Matthew Hypes, PE, City of Wilmington
Bryan Hall, NC Division of Coastal Management
ASP USA
Suite 1500
434 Fayetteville Sheet l Z��Z Raleigh, NC 27601 FEBLU
Tel.: +1 919 836-4040
Fax: +1 919 836-4099
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FEB 0 7 2022
SAW-2021-00331
Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 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
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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
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