20071445 Ver 1_More Info Received_20071206

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Cazolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
December 5, 2007
S&EC Project # 6253
USACE Action ID No. SAW-2007-00912-065
DWQ Project No. 07-1445
To: US Army Corps of Engineers
Wilmington Regulatory Field Office
Attn: Ms. Jennifer Frye
Post Office Box 1890
Wilmington, North Carolina 28402-1890
From: Sean Clark /Nikki Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
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Re: Reply to the US Army Corps of Engineers and the NC Division of Water ~?~~`~' -!`'lA~' ~k ~~lv,`i~ ~thNCti
Quality's Request for Additional Infotmation ~°~~ri0,~ A.~ ~t ~~ ~
Wilmington Beach Street Improvements Project
Individual Permit Application
Dear Ms. Frye and Ms. Karoly:
This letter is in response to your letters dated August 20, 2007 and October 19, 2007,
which requested additional information for the proposed Wilmington Beach Street
Improvements Project. The following restates your questions/comments and is then
followed by our response.
Additional Information Requested
Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally
damaging, practicable alternative. Please furnish information
regarding any other alternatives, including upland alternatives, to the
work for which you have applied and provide justification your
selected plan is the least damaging to water or wetland areas.
As stated in our initial Individual Permit Application, the proposed road installation site
plan cannot avoid the proposed wetland and jurisdictional ditch impacts due to the
inability to move the road alignment onto lots recorded in 1913 (prior to the Clean Water
Act) that are currently and historically owned by multiple private individuals. The
wetland and jurisdictional ditch impacts proposed are necessary for the appropriate
grading of the roadway and associated shoulders.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

However, in light of the amount of wetland impacts, if the Town of Carolina Beach
removed the request for the proposed Spot Lane (see Inset Map 1, attached), the total
wetland impacts would decrease by 0.57 acres (24,900 square feet). Therefore, the new
total of anticipated wetland impacts would be 0.882 acres for the entire proposed project.
Additionally, removing the proposed Spot Lane from the project would also reduce any
Indirect and Cumulative Impacts associated with that area as the lots that have access to
Spot Lane are entirely comprised of wetlands.
2. It is necessary for you to have taken all appropriate and practicable
steps to minimize wetland losses. Please indicate all that you have
done, especially regarding development and modification of plans and
proposed construction techniques, to minimize adverse impacts.
As we stated in our initial Individual Permit Application, in an effort to minimize
impacts, sidewalks have only been proposed in an East/West direction and do not result
in any additional wetland impacts. The applicant believes that the East/West sidewalks
are necessary to provide a safe, pedestrian accessible design for the anticipated high
volume of trips to and from the beach. Additionally, the Town of Carolina Beach is
proposing a minimum width asphalt road of two 9-foot travel lanes in the project areas to
reduce the amount of new impervious area and also reduce the amount of permanent
impacts to the wetlands. As mentioned above, if the proposed Spot Lane is removed
from the project scope, the total wetland impacts would decrease by more than one-half
acre. This removal of proposed roadway fill from wetlands will also result in no access
being provided for the platted lots immediately adjacent to Spot Lane. This project
change would result in a reduction of any supposed Indirect and Cumulative Impacts
associated with individual lot development.
3. The MOA requires that appropriate and practicable mitigation will be
required for all unavoidable adverse impacts remaining after the
applicant has employed all appropriate and practicable minimization.
Please indicate your plan to mitigate for the projected, unavoidable
loss of waters or wetlands or provide information as to the absence of
any such appropriate and practicable measures.
As stated in our initial Individual Permit Application, the Town proposes two forms of
mitigation; payment to the NC EEP and the preservation of a salt marsh area. The Town
currently owns +/- 40 acres of land that is predominantly tidal marsh in the vicinity of the
proposed project, which they are proposing to use as mitigation in addition to the
proposed payment to the NC EEP to offset the unavoidable wetland impacts. This salt
marsh site will be considered preservation mitigation and we believe is functionally of a
much higher quality than the wetlands proposed to be impacted. The Tidal Marsh
preservation site is proposed to offset the impacts associated with the proposed roadway
project. Because the project's cumulative impacts are greater than 1 acre, the Division of
Water Quality will be requesting at least 1:1 restoration and therefore, payment to the
NC-EEP in-lieu fee fund is proposed (see attached EEP acceptance letter). Due to the

preservation site being offered and the low functional quality of the wetlands proposed to
be impacted we propose a payment to EEP at a 1:1 mitigation rate. The NCEEP has
preliminarily agreed to accept payment for and provide any additional required wetland
mitigation, for up to 4 acres.
It has been stated in letters from both the NC Division of Coastal Management and the
NC Division of Wildlife Resources Commission that the above mitigation proposal is not
appropriate as these wetlands are already protected from development through the
Coastal Area Management Act (CAMA). While it is true that the CAMA guidelines can
require Major or Minor CAMA permits for development, development of these wetlands
is still possible with the appropriate documentation. Without a specific preservation
document protecting these wetlands (as proposed), it is possible that a variance could be
applied for and granted by the CRC and EMC to impact these wetlands. Additionally,
NCWRC stated that the walkways or other structures that maybe present within the tidal
marsh would not conform to the USAGE guidelines for preservation. Our past
experiences with the USAGE and the NC DWQ has allowed for boardwalks and other
path-like structures to be within wetland preservation areas to further enhance their use as
a public educational feature so long as the structures were documented and enumerated in
the preservation mapping and language.
On-site mitigation (restoration, preservation, or creation) is not a practicable alternative
in this situation. The possibility of the Town of Carolina Beach purchasing land or taking
land through imminent domain is not a feasible option. The Town of Carolina Beach
does not have the resources to purchase land in the areas of the roadway improvements.
Additionally, according to House Bill 1965 (Session Law 2006-224), eminent domain
applies to (1) Opening, widening, extending, or improving roads, streets, alleys, and
sidewalks. The authority contained in this subsection is in addition to the authority to
acquire rights-of--way for streets, sidewalks and SL2006-0224 Session Law 2006-224
Page 3 highways under Article 9 of Chapter 136. The provisions of this subdivision (1)
shall not apply to counties. " This Session Law suggests that while the Town of Carolina
Beach would be justified to take a op rtion of the properties adjacent to the proposed
roadway for the purposes of widening/improving the streets, the Town does not have the
justification to take an entire property for the purposes of providing mitigation for the
proposed Wilmington Beach Street Improvements.
4. Stormwater Management Plan
Projects that have or are anticipated to have impervious cover greater
than 30 percent are required to develop, submit for DWQ approval,
and implement a Stormwater Management Plan. The stormwater
management plan must include construction plans, specifications,
stormwater Best Management Practices (BMPs), worksheets, and
supporting calculations. The stormwater best management practices
are required to be appropriate for the surface water classification and
designed to remove at least 8S%TSS according to the most recent
version of the NCDENR Stormwater Best Management Practices

Manual. The facilities must be designed to treat the runoff from the
entire project, not just the proposed road improvements
It has been our experience with the NC DWQ in the past that municipal and/or state
funded roadway projects have not been held responsible for stormwater management,
retention and/or treatment of runoff from adjacent properties. It is also unjustifiable to
include all of the currently platted, vacant lots within the project area. The project area,
as defined in the scope of the project in the initial application, is just the right-of--ways of
the proposed roadway improvements. Additionally, as we stated in our initial
application, the Town of Carolina Beach is proposing ordinances that will require On-
Site stormwater Management of all existing lots adjacent to the proposed Wilmington
Beach Street Improvements. The following is an excerpt of what is being proposed by the
Town for their stormwater ordinance that will be applied to the individual adjacent lots.
This language still has to be approved by the Town's board.
Section 16-197. Required On-site Management of stormwater
(a) All existing vacant lots, redevelopment of existing lots or substantial improvement
greater than 50% of the certified appraised value or tax value to existing structures in the
Wilmington Beach Area shall manage the post development run-off from a ten year
frequency storm, so that the on-site and off-site effects of development are the same or
better than the pre-development state. For the purposes of this ordinance, Wilmington
Beach is considered the area east of Lake Park Blvd. to the Sunnypoint Buffer and all
land from the Kure Beach Town limits to the Carolina Sands Subdivision.
(b) All existing vacant lots, redevelopment of existing lots or substantial improvement
to existing structures on any dirt, gravel or soil road in the Town of Carolina Beach shall
manage the post development run-off from a ten year frequency storm, so that the on-site
and off-site effects of development are the same or better than the pre-development state.
(c) The on-site management of stormwater shall apply to all parcels as defined in (a)
and (b) of this Section. In the event that a North Carolina registered licensed
professional engineer determines that the on-site management of stormwater is
impractical due to soil conditions or other environmental site constraints, the Town may
allow for a combination of on-site treatment and payment in lieu of treatment as allowed
by this ordinance.
(d) The on-site management of stormwater shall comply with the requirements of the
North Carolina Department of Environment and Natural Resources Best Management
Practices Manual.
The Town of Carolina Beach has clearly demonstrated that stormwater Management will
be required of the individual lots as they become developed. It is impossible to design a
stormwater Management Plan for the adjacent lots at this point and time as that is outside
the scope of the Wilmington Beach Street Improvements and the Town of Carolina
Beach has no idea what the future developed landscape may look like with respect to
built upon area and impervious surface, however it is feasible for the Town to hence forth
require the individual builders/developers to provide site specific stormwater retention
and treatment for new development on the adjacent lots.

S. Mitigation
The proposed project states that +/- 40 acres of land that is
predominantly tidal marsh will be preserved as mitigation to offset the
wetland impacts. This type of mitigation is not appropriate and is not
consistent with 1 SA NCAC 07M.0700. To reiterate letters from the
Wildlife Resources Commission and the Division of Coastal
Management, (August 27, 2007 and from October 3, 2007
respectively) it is not appropriate to preserve tidal marsh as mitigation
for 404 impacts. A copy of an approved mitigation plan is required
before an approved 401 Water Quality Certification can be issued.
This plan should include but not be limited to a monitoring plan for
the mitigation area and a draft preservation document with associated
maps for the entire project site.
Please see our response to Item No. 3. Additionally, per 15A NCAC 2H .0506(h), DWQ
states that impacts greater than 1 acre of wetlands requires a 1:1 mitigation ratio and that
the preferred method of mitigation is through restoration. As we stated in our initial
Individual Permit Application, the NCEEP has preliminarily agreed to accept payment
for and provide any additional required wetland mitigation, for up to 4 acres (see attached
EEP acceptance letter).
6. Wetland Impacts
The project plans reveal the presence of many lots containing or made
up entirely of wetlands. The proposed impacts do not take into
account the impacts that will occur in the platted lots. In the above-
mentioned letters from the Wildlife Resources Commission and the
Division of Coastal Management, it is noted that twenty-three of these
platted lots (approximately 2.64 acres) are comprised of at least 90%
(most are 100%) wetlands. Impacts in these lots need to be taken into
account when totaling the wetland impacts for this project.
Recalculate the proposed wetland impacts for this project and
resubmit revised plan sheets and a revised wetland impact table.
As stated in previous responses, state and locally funded roadway projects do not
typically require potential impacts in adjacent properties to be calculated and included
within the project scope. Additionally, as stated previously, the project area, as defined
in the scope of the project in the initial application, is just the proposed roadway
improvements. Indirect and Cumulative impact studies have been required of state and
locally funded roadway projects, however, mitigation cannot be required for assumed
wetland impacts due to indirect and cumulative impacts that may or may not ever be
permitted or requested. It is unwarrantable to require the Town of Carolina Beach to
include wetland impacts for the properties adjacent to the proposed roadway
improvements as the Town does not own and therefore does not solely dictate the future
development of these adjacent properties.

However, in light of the amount of proposed wetland impacts, if the Town of Carolina
Beach removed the request for the proposed Spot Lane (see Inset Map 1, attached), the
total wetland impacts would decrease by 0.57 acres (24,900 square feet). Therefore, the
new total of anticipated wetland impacts would be 0.882 acres for the entire proposed
project. Additionally, removing the proposed Spot Lane from the project would also
reduce any Indirect and Cumulative Impacts associated with that area as the lots that have
access to Spot Lane are entirely comprised of wetlands.
Please feel free to call me if you require any further explanation.
Sincerely, _
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`Nicole J. Tho son
Regulatory Specialist
Attachments: USACE Request for More Information Letter dated August 20, 2007 (received 8/22/07)
NC DWQ Request for More Information Letter dated October 19, 2007 (received 10/23/07)
NC DCM Request for More Information Letter dated October 3, 2007 (received 10/4/07)
NC WRCS comment letter to the USACE dated August 27, 2007 (received 10/4/07)
Inset Map 1
EEP Acceptance letter dated June 27, 2007
Cc: Mr. Stephen Rynas, AICP , NC DCM, 400 Commerce Ave., Morehead City, NC 28557
Mr. Steven H. Everhart, PhD, NC WRCS, 1721 MSC, Raleigh, NC 27699
Mr. Timothy Owens, 1121 North Lake Park Blvd., Carolina Beach, NC 28428

Regulatory Division
Action ID No. SAW-2007-00912-065
August 20, 2007
Town of Carolina Beach
Attn: Mr. Timothy W. Owens, Town Manager
1121 North Lake Park Boulevard
Carolina Beach, North Carolina 28428
Dear Mr. Owens:
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Please reference your Individual Permit application for Department of the Army (DA)
authorization to discharge of fill material into 1.452 acres of Section 404 jurisdictional wetlands
adjacent to an unnamed tributary to the Cape Fear River and 3,247 linear feet of a man-made
tributary to the Cape Fear River, associated with the proposed Wilmington Beach Street
Improvements Project. The project area is located south of Carolina Sands Drive, north of
Alabama Avenue, and includes improvements to portions of Bowfin, Snapper, Swordfish,
Bonito, Mackerel, Pinfish, Searay, Spot and Croaker Lanes as well as sections of Tennessee
Avenue, North Carolina Avenue, Ocean Boulevard, South Carolina Avenue, and Texas Avenue,
in the Town of Carolina Beach, New Hanover County, North Carolina.
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures
to determine the type and level of mitigation necessary to comply with Clean Water Act Section
404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands
through the selection of the least damaging, practical alternative; second, taking appropriate and
practical steps to reduce impacts on waters and wetlands; and finally, compensation for
remaining unavoidable impacts to the extent appropriate and practical. To enable us to process
your application, in compliance with the MOA, we request that you provide the following
additional information:
Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890

-2-
b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland
losses. Please indicate all that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after the applicant has employed all appropriate and
practicable minimization. Please indicate your plan to mitigate for the projected, unavoidable
loss of waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
The aforementioned, requested information is essential to the expeditious processing of your
application; please forwarded this information to us within two (2) weeks of your receipt of this
letter. In addition, you should be aware that State and Federal commenting agencies might
recommend design modifications.
Finally, please be aware that the Corps cannot issue a final permit for your proposed activity
until your project has been determined consistent with the approved state Coastal Zone
Management (CZM) Program. Please reference the enclosed document titled "North Carolina
Federal Consistency Certification Submission Guidance (Subpart "D" 15 CFR 930)", for
information on the steps involved in obtaining this determination. Once you have made this
determination, you should submit to the Corps a statement indicating that your proposed activity
complies with, and would be conducted in a manner that is consistent with, the approved state
CZM Program. The Corps will then forward your determination to the North Carolina Division
of Coastal Management with a request for concurrence ornon-concurrence.
If you have questions or comments, please do not hesitate to contact me at [phone].
Sincerely;
Jennifer S. Frye, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (with enclosure);
-~lSoil & Environmental Consultants, PA
Attn: Mr. Sean Clark
11010 Raven Ridge Road
Raleigh, North Carolina 27614

O~OF W A rFR pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r .North Carolina Department of Environment and Natural Resources
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l7 -~' Colleen Sullins, Director
Division of Water Quality
October 19, 2007
DWQ Project # 07 1445
New Hanover County
CERTIFIED MAIL: 7006 0810 0004 4475 2536
RETURN RECEIPT REQUESTED -- ..~_ _
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Town of Carolina Beach ~~l !~
1121 North Lake Park Boulevard - OCT 2 ~ ~p07
Carolina Beach, NC 28428
f [3y: Soi! f Envrnnn~r.nt,d Consu?[7r3!s, PA
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Subject Property: Wilmington Beach Street Improvements Project ~ ~ '
New Hanover County
REQUEST FOR MORE INFORMATION
Dear Sir or Madam,
On September 7, 2007, the Division of Water Quality (DWQ) received the Public Notice issued
by the U.S. Army Corps of Engineers to fill or otherwise impact 1.452 acres of 404 Wetlands
and 3,247 linear feet of stream to construct the proposed paved road access to single-family lots.
The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property.
Therefore unless we receive five copies of the additional information requested below at the
DWQ central office, we will have to recommend moving towards denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we
receive this additional information.
Additional Information Requested:
I. Stormvrater Managen-ient Plan
Projects that have or are anticipated to have impervious cover greater than 30 percent are required
to develop, submit for DWQ approval, and implement a Stormwater Management Plan. The
stormwater management plan must include construction plans, specifications, stormwater Best
Management Practices (BMP's), worksheets, and supporting calculations. The stormwater best
management practices are required to be appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. The facilities must be designed to treat the
runoff from the entire project, not just the proposed road improvements.
2. Mitigation
The proposed project states that +/- 40 acres of land that is predominantly tidal marsh will be
preserved as mitigation to offset the wetland impacts. This type of mitigation is not
appropriate and is not consistent with 15A NCAC 07M .0700. To reiterate the letters from
North Carolina Division of Water duality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-&23-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper milt//N/l~~f/

Wilmington Beach Street Improvements Project
New Hanover County
the Wildlife Resources Commission and the Division of Coastal Management, (August 27,
2007, and from October 3, 2007 respectively) it is not appropriate to preserve tidal marsh as
mitigation for 404 impacts. A copy of an approved mitigation plan is required before an
approved 401 Water Quality Certification can be issued. This plan should include but not be
limited to a monitoring plan for the mitigation area and a draft preservation document with
associated maps for the entire project site.
3. Wetland Impacts
The project plans reveal the presence of many lots containing or made up entirely of wetlands.
The proposed impacts do not take into account the impacts that will occur in the platted lots. In
the above-mentioned letters from the Wildlife Resources Commission and the Division of
Coastal Management, it is noted that twenty-three of these platted lots (approximately 2.64
acres) are comprised of at least 90% (most are 100%) wetlands. Impacts in these lots need to be
taken into account when totaling the wetland impacts for this project. Recalculate the proposed
wetland impacts for this project and submit revised plan sheets and a revised wetland impact
table.
Respond within 30 calendar days of the date of this letter by sending this information to me in
writing and 5 copies to Ian McMillan of the DWQ 401 Oversight and Express Office at 1650
Mail Service Center, Raleigh, NC 27699-1650. If we do not receive the above requested
information within 30 calendar days of the date of this letter, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your
application are not authorized (at this time) by the DWQ. Please call me at 910-796-7215 or
Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
~~
Chad Coburn
Senior Enviroiunental Specialist
cc: Jennifer Frye - USACE Wilmington Field Office
Ian McMillan -DWQ 401 Oversight and Express Unit
Nicole J. Thompson - S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Central Files/WiRO

~~~
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NCDENR
North Carolina Department of Environment and Natura
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
October 3, 2007
Nicole J. Thomson
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
~~ OCT 0 4 2007
Soil 6 Irrrirvo~renial Cnnsnh~nt~ Fd
SUBJECT: Proposed Impact to Approximately 1.452 acres of wetlands and 3,2471inear feet of a
man-made tributary to the Cape Fear River to Facilitate the Wilmington Beach Street
Improvements Project, Town of Carolina Beach, New Hanover County
(DCM#20070088)
Dear Ms. Thomson:
We received the consistency certification of the Soil and I/nviromnental Consultants, PA on behalf of
the Town of Carolina Beach ("Ap~lica~zt") on September 19, 2007 for proposed impacts to
approximately 1.452 acres of wetlands and 3,247 linear feet of a man-made tributary to the Cape Fear
River to facilitate the implementation of the Wilmington Beach Street Improvements Project. The site
of the proposed project is in various locations in the general vicinity of the intersection of Ocean
Boulevard and Pinfish Lane within Town of Carolina Beach, New Hanover County, North Carolina.
In reviewing the proposed project we have identified several concerns that we request that you respond
to. First, the propose project asserts that the proposed wetland impacts can not be avoided due to an
inability to modify road alignments. To mitigate for this unavoidable impact the Town of Carolina
Beach is proposing to preserve approximately 40 acres of land that is predominately tidal marsh. This
type of mitigation would be inappropriate and inconsistent with 15A NCAC 07M .0700. Additionally,
the North Carolina Wildlife Resources Commission, in their letter of August 27, 2007, stated that it
would not be appropriate to preserve tidal marsh as mitigation for §404 impacts. A review of the
project plans discloses that there are numerous lots with wetlands. The acquisition of these lots,
pursuant to 15A NCAC 07M .0700, would constitute a reasonable prudent alternate design that would
avoid the losses to be mitigated. Additionally, if certain lots are acquired for mitigation purposes,
some of the road paving may not be necessary, thereby further minimizing adverse wetland impacts.
Second, the alternatives analysis is incomplete. As noted above, the submission asserts that there are
no on-site alternatives because of an inability to modify road alignments. On-site alternatives that
would minimize adverse impacts to wetlands do exist. As noted above, many of the lots in the project
area have wetlands on them. A reasonable prudent alternative design for the project could include the
potential acquisition of some lots with wetlands as mitigation for the fill of wetlands to construct the
400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
~~5
Resources
William G. Ross Jr., Secretary
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

road improvements. The acquisition of lots with wetlands, if done in a prudent manner, could also
eliminate the need for some road improvements that would have an adverse wetland impact thereby
further reducing the necessity for wetland fill. DCM requests that you reconsider the alternative
analysis and submit a modified alternative analysis that evaluates potential on-site alternatives.
Attached is a copy of the letter from the North Carolina Wildlife Resources Commission (NCWRC).
We request that you consider modifying the project as suggested by the NCWRC and to provide a
response of the issues raised in that letter to DCM.
Please note that the Division of Coastal Management does not typically issue a consistency
concurrence decision until the applicant has obtained all other required State permits and/or
permissions. This allows for DCM to review the final project that may have been modified to
incorporate the requirements of the other State agencies. Other required State approvals may include,
but are not limited to, a Section 401 Water Quality Certification, an erosion and sediment control plan,
a stonnwater management plan, and an acceptance of any proposed mitigation by the State's
Ecosystem Enhancement Program (EEP). Before DCM makes a final decision on this consistency
determination, all of these approvals, as required, must be obtained. Please forward copies of those
approvals as they are received to DCM. Thank you for your consideration of the North Carolina
Coastal Management Program.
Sincerely,
Stephen Rynas, AICP
Federal Consistency Coordinator
Cc: Doug Haggett, Division of Coastal Management
Steve Everhart, Division of Coastal Management
Jennifer Frye, U.S. Anny Corps of Engineers
Maria Dunn, NC Wildlife Resources Conunission
Chad Cobum, NC Division of Water Quality
Beth Hannon, NC Ecosystem Enhancement Program
Page: 2

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North Carolina Wildlife Resources Commission D
MEMORANDUM
To: Jemlifer Frye\
USACE
Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD ~+'`~'''
Southeastern Permit Coordinator
Habitat Conservation Program
Date: August 27, 2007
RE: Carolina Beach -Wilmington Beach Street Improvements, AID#2007-00912-065, New
Hanover County
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. A site visit was made on
August 27, 2007. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401
and 404 of the Clean Water Act (as amended).
The project is located within the Wilmington Beach area of the Town of Carolina Beach and is
confined to the established rights-of--way of the following streets: Bowfin Lane, Snapper Lane,
Swordfish Lane, Bonito Lane, Mackerel Lane, Pinfish Lane, Searay Lane, Spot Lane, Croaker
Lane, Tennessee Avenue, North Carolina Avenue, Ocean Boulevard, South Carolina Avenue,
and Texas Avenue. The site contains approximately 1.45 acres of §404 wetlands that are
adjacent to an un-named tributary to the Cape Fear River. The project area also contains a man-
made linear tributary to the Cape Fear River.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Carolina Beach -Wilmington Beach Street Imp.
August 27, 2007
The applicant proposes to n'isc%~arge 1111 tn~,teria) i1~G 1.152 :saes of jurisdictional wetlands a~1d
3,247 li±~ear ft of a m_ai~-r~~ade tribljtary to i.rnprove. and/oY• construct the area. roadway system..
Tl:e prirnary purpose is to provide pa•, ~:d access to l~latiec~ c,°sicl.ential lots to open i:hern up to
development. The applicant proposes to mitigate for wetland impacts through the preservation
of 40 acres of tidal marsh in Carolina Beach and payment into the NC Ecosystem Enhancement
Program (EEP).
We have the following comments/concerns:
The NCWRC does not support the filling of wetlands for development and any required permit
authorization will receive a recommendation for denial unless the project has significant public
benefits and all wetlands or aquatic habitat impacts are fully mitigated. To fully mitigate for
wetland impacts, we recommend that any wetlands to be preserved, created, or enhanced be
preserved through conservation easement using language consistent with U. S. Army Corps of
&Igineers (USAGE) guidelines for the preservation of wetlands. This language prohibits cutting,
pruning, mowing, or burning of vegetation; construction of any kind; use of herbicides; any land
disturbing activities; dumping or storing of soil, trash, or other waste; and the pasturing, grazing
or watering of animals, or any other agricultural or horticultural purpose within wetlands
It is not appropriate to preserve tidal marsh as mitigation for §404 impacts. Coastal
wetlands are already protected from development through the Coastal Area Management
Act (CAMA). Additionally, if the proposed tidal marshes were to be placed in
conservation easement, the walkways and other structures that may be present there
would not conform to the restrictions found in the USAGE guidelines. We recommend
that the Town obtain land either through outright purchase or imminent domain that
cannot be developed without §404 wetland impacts to preserve as mitigation. There are
some lands suitable for this purpose near Carolina Beach Lake.
This application does not take into consideration the cumulative and secondary §404
wetland impacts associated with opening up the platted lots to development. Twenty-
three of the lots to be opened up for development, (approximately 2.64 acres) are at least
90% (most are 100%) wetlands. Certainly, property owners will expect to be able to fill
their lots once the roads are constructed or improved.
Thai~lc you for the opportunity to review and comment on this application. If you have any
questions or require additional information regarding these comments, please call me at (910)
796-7217.
CC: Joanne Steenhuis, NCDWQ
Howard Hall, USFWS
Robb Mairs, NCDCM

GRAPHIC SCALE
1 " = 50'
50 0 50 100
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APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT WERE NOT FIELD
L~=J LOCATED BY A SURVEYOR
WETLAND IMPACT: 24,900 SF (0.57 AC.)
PROJECT AREA
PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS
Project No. Scale:
6253.W3 1' = 50' IMPACT MAP ~ 11010 Raven Ridge Rd.
P~aject M9~. Drawa ey: TOWN OF CAROLINA BEACH INSET MAP 1 Raleigh, NC 27614
sc MM NEW HANOVER COUNTY, NC 919-846-5900
Date: 06/14/07

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o~stem
~~~11~ '~'~~I~~I~
PROGRAM
June 27, 2007
Bill Clark
Town of Carolina Beach
1121 North Lake Park Blvd.
Carolina Beach, NC 28428
Project: Wilmington Beach Street Improvements
~`1- 1'45
County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. 1f we have not received a copy of
the issued 404 Permid401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit{s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
Cape Feaz
03030005 Stream (feeE) Wetlands (acres) Buffer I

(Sq. Ft.) Buffer II

(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri azian Coastal Marsh
Impacts 0 0 0 0 1.80 0 0 0
Credits 0 0 0 0 3.60 0 0 0
Upon receipt of payment, EEP will take responsibility far providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
Willi .Gilmore, PE
Director
cc: Cyndi Kazoly, NCDWQ Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Joanne Steenhuis, NCDWQ- Wilmington
Nicole Thomson, agent
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 9i 9-715-0476 / www.nceep.net