20071445 Ver 2_DCM Comments_20081007

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
October 3, 2008
Nicole J. Thomson
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
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SUBJECT: CD08-052 - Consistency Certification for Proposed Impact to Approximately 0.880
acres of wetlands and 3,247 linear 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 submission of Soil and Environmental Consultants, PA on
behalf of the Town of Carolina Beach ("Applicant") on September 19, 2007 for proposed impacts to
wetlands and a man-made tributary to the Cape Fear River to facilitate the implementation of the
Wilmington Beach Street Improvements Project. The deadline for completing the consistency review
process has been extended to October 10, 2008. The site of the proposed project occurs 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.
The Division of Coastal Management received a modified project proposal on July 31, 2008. Under
the modified project the proposed project would impact an approximate 0.880 acres of wetlands plus
an approximate 0.526 acres of wetlands (man-made tributary) are classified as "ditches". The ditch
impacts will not be mitigated. The approximate 0.880 acres of wetland impacts will be mitigated
through the purchase of mitigation credits from the North Carolina Ecosystem Enhancement Program
at a mitigation ratio of 2:1. The required mitigation will total 1.76 acres.
To solicit public comments, DCM circulated a description of the proposed project to State agencies
that would have a regulatory interest in the proposed development. No comments were received
asserting that the proposed project would be inconsistent with the State's coastal program. However,
the North Carolina Division of Parks and Recreation recommended that the Applicant consult with
them to assure that the MOTSU Buffer Zone Natural Area would not be adversely affected by the
proposed development. Copies of the comments received have been attached.
The Division of Coastal Management (DCM) has reviewed the consistency submission pursuant to the
management objectives and enforceable policies of Subchapters 7H and 7M of Chapter 7 of Title 15A
of North Carolina's Administrative Code which are a part of the State's certified coastal management
400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
program and concurs, as conditioned below, that the proposed project is consistent with the
enforceable policies of North Carolina's coastal management program. In order to be found consistent
with North Carolina's coastal management program, the Applicant shall comply with the following
conditions of concurrence.
• The Applicant shall comply with the modified Section 401 Water Quality Certification
(#20071445) approval issued by the NC Division of Water Quality on September 23, 2008.
• The Applicant shall comply with the Erosion and Sediment Control Plan (New Ha-2009-008)
approval issued by the NC Division of Land Resources on September 4, 2008.
• The Applicant shall comply with the Stormwater Permit (SW8 080738) approval issued by the
NC Division of Water Quality on August 29, 2008.
• The Applicant shall adhere to their mitigation commitment to purchase wetland mitigation
credits from the North Carolina Ecosystem Enhancement Program at a 2:1 ratio
(mitigation: impacts).
• The Applicant, prior to initiating any land disturbing activities, shall consult with the North
Carolina Division of Parks and Recreation (NCDPR) to assure that the proposed development
has been designed and will be implemented in a manner that will not have an adverse effect on
the "MOTSUBuffer Zone Natural Area." Prior to initiating any land disturbing activities the
Applicant, assuming that there are no objections to the recommendations of the NCDPR, shall
submit to DCM a copy of a letter from the NCDPR verifying that the Applicant and the
NCDPR have reached an agreement for the protection of the "MOTSUBuffer Zone Natural
Area." Should the Applicant, disagree with the recommendations of the NCDPR, the
Applicant shall consult with DCM and NCDPR to resolve the outstanding issues before •
initiating work. In undertaking the proposed project, the Applicant shall comply with the
recommendations that have been agreed to for the protection of the natural area.
Should the project be modified, a revised consistency certification could be necessary. This might
take the form of either a supplemental consistency certification pursuant to 15 CFR 930.66, or a new
consistency certification pursuant to 15 CFR 930.57. Likewise, if further project assessments reveal
environmental impacts not previously considered by the proposed development, a supplemental
consistency certification might be required. If you have any questions, please contact Stephen Rynas
at 252-808-2808. Thank you for your consideration of the North Carolina Coastal Management
Program.
Sincerely, /
Doug Huggett
Manager, Major Permits and Consistency Unit
cc: Steve Everhart, Division of Coastal Management
Jennifer Frye, U.S. Army Corps of Engineers
Brain Strong, NC Division of Parks and Recreation
Cyndi Karoly, NC Division of Water Quality
Beth Harmon, NC Ecosystem Enhancement Program
Page: 2
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NCDENR
F
North Carolina Department of Environment and Natural so ? .-SM"4 041 '(J
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr,, Secretary
MEMORANDUM
August 1, 2008
TO: Brian Strong
NCDENR - Division of Parks and Recreation
512 North Salisbury, Seventh Floor
Raleigh, NC 27604-1 1 70
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to Approximately 0.880 Acres
of Wetlands to Facilitate the Wilmington Beach Street Improvements Project
(DCM#20070088)
LOCATION: Various Locations in the Vicinity of the Intersection of Ocean Boulevard and Pinfish Lane
within the Town of Carolina Beach, New Hanover County, North Carolina
This is the re-submission of a modified project. This submission was previously sent out for review on
September 7, 2007. The above listed document is being circulated for consistency review and comment by
August 22, 2008. Your responses will assist us in determining whether. the proposed project would be .
consistent with the State's Coastal Management Program. If the proposed project does not conform to your
requirements, please identify the measures that would be necessary to bring the proposed project into
conformance. If you have any additional questions regarding the proposed project you may contact me at
252-808-2808 or e-mail me at: "[e-mail]".
REPLY
_ No Comment.
This office supports the project as proposed.
X Comments to this project are attached.
This office objects to the project as proposed.
r.'
Signed: J Date: r5?a Is - ckf_y? 1?? CORRECTIONS

Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
A 7LLA.
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor William G. Ross Jr., Secretary Lewis R. Ledford, Director
August 25, 2008
Stephen Rynas, AICP
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Rynas:
Per your letter dated August 1, 2008, the North Carolina Division of Parks and Recreation has reviewed
the site location for proposed development associated with the Wilmington Beach Street Improvements
Project. Our review indicated that the feature labeled as the "Alabama Stormwater Pond" on the Overall
Impact Map drawing provided by Soil & Environmental Consultants is located within the Motsu Buffer
Zone Natural Area. This area is designated as a Significant Natural Heritage Area of state-significance by
the North Carolina Natural Heritage Program.
We recommend consultation with the North Carolina Natural Heritage Program regarding potential
impacts to this area associated with the proposed project.
Please let me know if you need additional information.
Sincerely,

Amin K. Davis
Environmental Review Coordinator
Division of Parks and Recreation, Natural Resources Program
North Carolina Department of Environment and Natural Resources
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] -FAX [phone] -Internet www.ncoarks.gov
An Equal Opportunity I Affirmative Action Employer - 50 % Recycled • 10 % Post Consumer Paper
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
August 1, 2008
TO: John Fear
Research Coordinator
NC National Estuarine Research Reserve
101 Pivers Island Road
Beaufort, NC 28516
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to Approximately 0.880 Acres
of Wetlands to Facilitate the Wilmington Beach Street Improvements Project
(DCM#20070088)
LOCATION: Various Locations in the Vicinity of the Intersection of Ocean Boulevard and Pinfish Lane
within the Town of Carolina Beach, New Hanover County, North Carolina
This is the re-submission of a modified project. This submission was previously sent out for review on
September 7, 2007. The above listed document is'being circulated for consistency review and comment by
August 22, 2008. Your responses will assist us in determining whether the proposed project would be
consistent with the State's Coastal Management Program. If the proposed project does not conform to your
requirements, please identify the measures that would be necessary to bring the proposed project into
conformance. If you have any additional questions regarding the proposed project you may contact me at
252-808-2808 or e-mail me at: "[e-mail]".
No Comment.
REPLY
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: Date:
cy-
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
?'
Aubu I`?`200
TO: Dan Sams r_ {
NCDENR - Division of Land Reso , es 4 2nr?
127 Cardinal Drive Extension f
Wilmington, NC 28405-5406
morehead city U UM
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to Approximately 0.880 Acres
of Wetlands to Facilitate the Wilmington Beach Street Improvements Project
(DCM#20070088)
LOCATION: Various Locations in the Vicinity of the Intersection of Ocean Boulevard and Pinfish Lane
within the Town of Carolina Beach, New Hanover County, North Carolina
This is the re-submission of a modified project. This submission was previously sent out for review on
September 7, 2007. The above listed document is being circulated for consistency review and comment by
August 22, 2008. Your responses will assist us in determining whether the proposed project would be
consistent with the State's Coastal Management Program. If the proposed project does not conform to your
requirements, please identify the measures that would be necessary to bring the proposed project into
conformance. If you have any additional questions regarding the proposed project you may contact me at
252-808-2808 or e-mail me at: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office obje is to the project as proposed.
Date: ?00 t®.-)
Signed:
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
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NCDENR 26
f North Carolina Department of Environment and Natural resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
Lit
MEMORANDUM
August 1, 2008
TO: Patty Fowler LS LS
Shellfish Sanitation District AUU - i? X08
NCDENR - Division of Environmental Health
Marine Fisheries Building, P.O. Box 769
S
Morehead City, NC 28557-0769 HELLFISH SANIYA
' _-....-.... ,.._ .,, _ 1'#ON
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to Approximately 0.880 Acres
of Wetlands to Facilitate the Wilmington Beach Street Improvements Project
(DCM#20070088)
LOCATION: Various Locations in the Vicinity of the Intersection of Ocean Boulevard and Pinfish Lane
within the Town of Carolina Beach, New Hanover County, North Carolina
This is the re-submission of a modified project. This submission was previously sent out for review on
September 7, 2007. The above listed document is being :.`;;*
lated for consistency review and comment by
c(u
August 22, 2008. Your responses will assist us in determining whether the proposed project would be
consistent with the State's Coastal Management Program. If the proposed project does not conform to your
requirements, please identify the measures that would be necessary to bring the proposed project into
conformance. If you have any additional questions regarding the proposed project you may contact me at
252-808-2808 or e-mail me at: "[e-mail]".
REPLY
_ No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This of,ic objects to the project as proposed.
ro (
Signed: Date:' G
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
I a.
NCDENR t.
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretar/
MEMORANDUM
August 1, 2008
TO: Renee Gledhill-Early
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
FROM:

Stephen Rynas, AICP; Federal Consistency Coordinator
W' U Acres
SUBJECT: Consistency Certification Submission for Propose
of Wetlands to Facilitate the Wilmington Beach Street Improvements Project
(DCM#20070088)
LOCATION: Various Locations in the Vicinity of the Intersection of Ocean Boulevard and Pinfish Lane
within the Town of Carolina Beach, New Hanover County, North Carolina
s1;_olo8
This is the re-submission of a modified project. This submission was previously sent out for review on
September 7, 2007. The above listed document is being circulated for consistency review and-comment by
August 22, 2008. Your responses will assist us in determining wheVner the proposed project would be
consistent with the State's Coastal Management Program. If the proposed project does not conform to your
requirements, please identify the measures that would be necessary to bring the proposed project into
conformance. If you have any additional questions regarding the proposed project you may contact me at
252-808-2808 or e-mail me at: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed. Q
Signed: LIA,171,vlof Ya?&- ?"A" Date: 0 g
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
AUG 0 6 2008
A --
NCDENR
North Carolina Department of Environment and Natural Resou
qWF _ NTAi ?u'EIOtti
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM"--c---
August 1, 2008 ?.. , n
TO: Anne Deaton - a€ f , y e4?ys 2 0 2_00a
NCDENR - Division of Marine Fisheries ?tifEi a A9 fi 2g-ii?
P.O. Box 769
Morehead City, NC 28557-0769 rgj,p y^R??wC1??? F" ?* q DMF' N,^?BITaTPROTECTION
??fEq ?. SP d'harg,'?1-? ?,,.wv06
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to Approximately 0.880 Acres
of Wetlands to Facilitate the Wilmington Beach Street Improvements Project
(DCM#20070088)
LOCATION: Various Locations in the Vicinity of the Intersection of Ocean Boulevard and Pinfish Lane
within the Town of Carolina Beach, New Hanover County, North Carolina
This is the re-submission of a modified project. This submission was previously sent out for review on
September 7, 2007. The above listed document is being circulated for consistency review and comment by
August 22, 2008. Your responses will assist us'in determining whether the proposed project would be
consistent with the State's Coastal Management Program. If the proposed project does not conform to your
requirements, please identify the measures that would be necessary to bring the proposed project into
conformance. If you have any additional questions regarding the proposed project you may contact me at
252-808-2808 or e-mail me at: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office jects to the project as proposed.
Signed: Nl? Date: /? U
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
NCDENR ,.
North Carolina Department of Environment and Natural Rosources „
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
August 1, 2008
SO) 0®7 3?
TO: Rhonda Hall --
DWQ - Stormwater (Wilmington) "fin alL'?'?? 0 , .
NCDENR - Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-5406 -
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to Approximately 0.880 Acres
of Wetlands to Facilitate the Wilmington Beach Street Improvements Project
(DCM#20070088)
LOCATION: Various Locations in the Vicinity of the Intersection of Ocean Boulevard and Pinfish Lane
within the Town of Carolina Beach, New Hanover County, North Carolina
This is the re-submission of a modified project: This submission was previously sent out for review on
September 7, 2007. The above listed document is being circulated for consistency review and comment by
August 22, 2008. Your responses will assist us in determining whether the proposed project would be
consistent with the State's Coastal Management Program. If the proposed project does not conform to your
requirements, please identify the measures that would be necessary to bring the proposed project into
conformance. If you have any additional questions regarding the proposed project you may contact me at
252-808-2808 or e-mail me at: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
? Comments to this project are attached.
Sllt 1Ok I V%. QzroLd cA)
his office objects to the project as proposed.
Signed: Date: _5 &4?4_ CORRECTION'S

Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421