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HomeMy WebLinkAbout20160804 Ver 1_More Info Received_20170206Environmental Resources Section DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 3, 2017 North Carolina Division of Water Resources ATTN: Ms. Karen Higgins 401 Wetland and Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Ms. Higgins: Enclosed are three (3) copies of the revised Pre -Construction Notification (PCN) 401 application for the Eagle Island Dike Raise to Elevation 50 -foot project with supplemental attachments for your review. An electronic copy has also been sent for your convenience. As you may recall, we submitted the original PCN materials to you in August 2016; however, the application was placed on hold due to the need for additional analysis and updated mitigation plan. The purchase of credits from the''Lower Cape Fear Umbrella Mitigation Bank at a 1:1 ratio has been approved by the resource agencies and the final Environmental Assessment (EA) will reflect these changes. We will notify you when the final EA/Finding of No Significant Impact is complete and available on our website. Also enclosed is the Public Notice fee in the amount of $166.08 (check #1468). Should you have any questions or require additional information please contact me at (910) 251-4635. Sincerely, Emily Hughes Environmental Project Manager Enclosures e wnrF Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 A. 1. 1 a. Pre -Construction Notification (PCN) Form Applicant Information - Processing Type(s) of approval sought from the Corps: ❑ Section 404 Permit Permit t hulFER 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: PFP?JI- , 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): NX 401 Water Quality Certification - Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑x Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑x Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑X Yes ❑ No 2. Project Information 2a. Name of project: EAGLE ISLAND IMPROVEMENTS DIKE RAISE TO 50 FEET 2b. County: NEW HANOVER/BRUNSWICK 2c. Nearest municipality / town: WILMINGTON 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: US OF AMERICA MARITIME COMM / DEPARTRMENT OF THE ARMY 3b. Deed Book and Page No. Null 3c. Responsible Party (for LLC if applicable): 3d. Street address: MARITIME ADMINISTRATION / 1200 NEW JERSEY AVENUE SE 3e. City, state, zip: WASHINGTON, DC 20590 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: USACE 4b. Name: Jenny Owens, Chief Environmental Resources Section 4c. Business name (if applicable): US ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT 4d. Street address: 69 DARLINGTON AVE. 4e. City, state, zip: WILMINGTON, NC 28403 4f. Telephone no.: 910-251-4757 4g. Fax no.: 4h. Email address: Jennifer.l.Owens@USACE.ARMY.MIL 5. Agent/Consultant Information (if applicable) 5a. Name: NA 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 311600286346 1 b. Site coordinates (in decimal degrees): Latitude: 34.193763 Longitude: -77.962804 1c. Property size: 1,473 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Cape Fear River/Brunswick River 2b. Water Quality Classification of nearest receiving water: SA, SC 2c. River basin: Lower Cape Fear 03030005 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Dredged material disposal area made up of 3 cells totaling 755 acres of diked uplands. Each cell contains spillway structures that allow for the discharge of effluent (water from dredged material) into the Brunswick and Cape Fear Rivers. The existing dikes at Cell 1 have been raised to elevation 40 feet (NAVD 88), and Cells 2 and 3 are being raised to 42 feet (using material from inside the dikes), to be completed 2018. 3b. List the total estimated acreage of all existing wetlands on the property: 300 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: To ensure that adequate disposal capacity is available for continued maintenance of the upper reaches of the Wilmington Harbor navigation project. 3e. *Please Describe the overall project in detail, including the type of equipment to be used: see additional sheet for description. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall riot phases)in the past? M Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? E] Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): T Bullard, J Richter Agency/Consultant Company: Other: USAGE 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A site visit of the project area was made by Jeff Richter & Teresa Bullard of the US Army Corps of Engineers Wilmington Office in 2015. During this site visit it was determined that there were wetlands existing within the project area surrounding the existing dikes (flagged by Richter and Bullard). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. Const would be accomplished in a phased approach that may occur over a period of up to 5-6 years beginning in 2018, as funding becomes available. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Tidal Freshwater Marsh No DWQ 35.36 W2 T Disturbance (Other) Tidal Freshwater Marsh No DWQ 6.3 W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 41.66 2h. Comments: Majority of permanent impacts from toe berm footprint are to tidal freshwater marsh dominated by Phragmites australis. Temporary impacts/disturbance from toe berm construction (10 -ft construction corridor) will be restored back to pre -construction condition once work is complete. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) 81 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: No stream impacts. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or -Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P Brunswick River Fill Other 0.089 02 T Brunswick River Other Other 0.071 03 Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.16 4g. Comments: Minimal open water impacts in arainage canals to the Brunswick Hiver. Areas have been i en i ie w ere toe berm esign reac es beyond the outfall of existing spillways #7 & #8 (Cell 3). Temporary impacts were calculated but are not anticipated. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. 5e. Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: NA 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: NA Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Evaluations were made to build dikes over 50 feet. This would have required a toe berm greater in size, thus requiring fill impacts to more wetlands. The 50 -foot elevation was selected based on least impacts and project costs with most benefits (longevity of disposal area). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Only constructing toe berms where needed (do not surround entire existing dikes). Minimized dike slopes to 3:1. Most or all of construction will occur from uplands. Additional measures may be taken to prevent erosion and turbidity (silt fences, turbidity curtains, temporary coffer dams, rip -rap, use of logging mats, etc.). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑X DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose one Type: Choose one Quantity: 35.5 Quantity: Quantity: Credits are tidal freshwater marsh (not considered "coastal mars necessarily). 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form —Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project requires earth moving only. No permanent structures, infrastructure, or impervious surfaces will be constructed. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW El USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? El Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑X Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) The State Clearinghouse reviewed the Draft EA in 2016 and comments received will E] Yes Z No Comments: be addressed in the Final EA/FONSI,. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? El Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑X Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS website: http://www.fws.gov/nc-es/es/countyfr.html 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑X Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Fish and crustacean species which may occur in the vicinity of Wilmington Harbor, and for which Fishery Management Plans (FMPs) have been developed by the South Atlantic Fishery Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), and NMFS. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC Clearinghouse response on Draft EA from Department of Cultural Resources responded with no comment/objection. There are no anticipated impacts to historic or archaeological resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Although the project will be constructed within a FEMA -designated 10 -year floodplain, it is not anticipated to affect the base flood or floodflows within the surrounding area. 8c. What source(s) did you use to make the floodplain determination? North Carolina Flood Risk Information System (FRIS) at http://fris.nc.gov/fris/Index.aspx?FIPS=129&ST=NC&user=General Public. Map Numbers: 3720311600K and 3720311700K; http://www.ncfloodmaps.com/ Digitally signed by OWENS.JENNIF o�"USED UI SE Governme95151 Jennifer L. Owens ER.L.1229795151 cn-OWENS JENNIFER 1229795151 02-02-2017 Date. 2017.02 02 15 10 32 -05'00' Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 3e. Describe the overall project in detail, including the type of equipment to be used The most feasible alternative for providing future disposal capacity is to increase the capacity of Cells 1-3 at Eagle Island by raising the dikes to elevation 50 feet NAVD 88. To ensure dike stability, this additional raise will require the construction of a "toe berm" around portions of the outer footprint of each cell. The toe berm will serve as a buttressing -type support for the dike, allowing additional dike raises in increments of 3 to 5 feet, eventually reaching a maximum elevation of 50 feet NAVD 88. The toe berms and dike raises will be constructed utilizing existing material in the cells. Doing so will also increase the capacity of each cell providing additional storage space for future disposal. Although the USACE would prefer to construct the toe berm for all three cells at the same time, this may not be possible based upon funding limitations. Therefore, construction of the toe berm would be accomplished in a phased approach that may occur over a period of up to 5-6 years beginning in 2018, as funding becomes available. The proposed dike raise to elevation 50 feet NAVD 88 would provide disposal capacity for an additional 10-12 years (until year 2032). Construction of the dike raises and toe berms will impact approximately 35.5 acres of tidal freshwater marsh. Excavators, backhoes, dump trucks, etc. will be used to lift, scrape and push material from inside the cells to the outside of the existing dikes to construct the toe berm. There will also be a 1Oft construction corridor just beyond the toe of the toe berm where disturbance may occur (vegetation clearing, silt fencing, turbidity curtains, coffer damming, minor grading), resulting in approximately 6 acres of temporary impacts. All disturbed area will be restored to pre -construction conditions following construction. EAGLE ISLAND - CELL 3 - EL 50 NAVD 88 I bight TYPICAL CROSS SECTION 200 160 120 80 40 0 .40 -80 -120 0 60 120 180 24v 300 360 420 48 Figure 1. Typical Cross Section of Proposed Dike Raise and Toe Berm Length LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY November 16, 2016 TO: Emily Hughes FROM: Lower Cape Fear Umbrella Mitigation Bank USACE — Wilmington District c/o Land Management Group, Inc. Environmental Resources Section 3805 Wrightsville Avenue, Suite 15 69 Darlington Ave. Wilmington, NC 28403 Wilmington, NC 28403 Project: Eagle Island Dike Raise Project (Brunswick County, NC) Dear Ms. Hughes: Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply riverine wetland credits for proposed impacts associated with the Corps of Engineer's Eagle Island Dike Raise Project in Brunswick County, NC. This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type Credits Reserved Fee Per Unit Fee Stream 0 $390.00 $0.00 Non- Riparian Wetland 0.0 $51,370.00 $0.00 Riparian (Riverine) Wetland F 35.5 $60,521.00 $2,148,495.50 Total Fee $2,148,495.50 Based upon receipt of your credit request transmitted by email on November 14, 2016, LCFUMB will reserve 35.5 riparian (riverine) wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90 -day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $2,148,495.50. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@lmgroup.net. Sincerely, Land Management Group, Inc. (agent for LCFUMB) Digitally signed by Christian Preziosi DN: cn=Christian Preziosi, -Land Christian Preziosi Management Group, Inc., ou, email=cpreziosi@Imgroup.net,c US Date: 2016.11.1618:06:49 -05'00' Christian Preziosi Section Manager 0 L 4 A r�4 A IL V 4 M j " 4f '0 r 4., A ..Legend gateTbeBerm Class Name cm: Cass Name Sum_Acas Ire soil/dike road 1 0.000632645 arm Majority Native 66 0.265106 MajorityPhra426 34.7878 55 Mix-Native/Phr26 0.127122845 TreeShrub 239 3.082552096 Water 11 0.269775579 Total Acres Impacted by 10 Foot Construction Corridor Class Name Cnt Class Name Sum Acres Majority Native 70 0.130763755 Majority Phrag 263 5.980184711 Mix- Native/Phrag 34 0.187608126 T reo,lhrub -142-- 0.625161677 Wet et,, w 11 0.0171112 e Island -March 17, 2015 0 Foot Cons4ruct�ion act + X ";, A t. Un