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HomeMy WebLinkAbout20130387 Ver 1_More Info Received_20130412201 30387 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE G WILMINGTON, NORTH CAROLINA 28403 -1343 RE:I1I17 O AI'IENIIONOF Environmental Resources Section Mr. Chad Coburn NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (� Dear Mr. Coburn: j _ i The US Army Corps of Engineers, Wilmington District (USACE) proposes a Section 14 Emergency Streambank and Shoreline Erosion Protection project to protect a municipal wastewater pump station located in Southport, Brunswick County, North Carolina. The goal of the Southport, NC Section 14 project is to provide reliable protective measures to prevent the ongoing streambank and shoreline erosion at the site from destructively impacting the municipal wastewater pumping station. The subject wastewater pumping station is maintained by the City of Southport as a key element of the municipal wastewater system, and is under imminent threat of damage or failure from continuing shoreline erosion at the site. The proposed shoreline erosion protection would place armor stone along a stretch of —350 linear feet of shoreline adjacent to the pumping station. The work will occur from land -based equipment and work will be conducted from a staging area owned and maintained by the City of Southport. Because the project involves limited stabilization of a shoreline, (work that would normally be authorized by the USACE Regulatory Nationwide Permit No. 13 although the USACE does not issue itself permit authorization), it is the USACE opinion that the project complies with General Cdrtification # 3885. A courtesy PCN and figures that further describe the project are enclosed. Thank you for your attention to this matter. Should you have any questions, please contact Ms. Jessica Mallindine of my Environmental Resources section at 910 - 251 -4543. Enclosures Sincerely, Elden Gatwood, Chief Planning and Environmental Branch jot WAT�c LLJW� -7� O Nii� Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PC Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: El Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® 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. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ❑ No 2. Project Information 2a. Name of project: Southport, NC Section 14 Emergency Streambank and Shoreline Erosion Protection Project 2b. County: Brunswick County 2c. Nearest municipality / town: Southport 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: State of North Carolina 3b. Deed Book and Page No. rP 3c. Responsible Party (for LLC if applicable): r i I , i' 3d. Street address: ILNR APR 12 2013 � 3e. City, state, zip: 3f. Telephone no.: A water Branch 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is- ❑ Agent ® Other, specify: Federal Government 4b. Name: 4c. Business name (if applicable): U.S. Army Corps of Engineers, Wilmington District 4d. Street address. 69 Darlington Avenue 4e. City, state, zip: Wilmington, NC 28401 4f. Telephone no.: 910 -251 -4543 4g. Fax no.: 910 -251 -4744 4h. Email address: Jessica .D.Mallindine @usace.army.mil 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form —Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 209619722026 1 b. Site coordinates (in decimal degrees): Latitude: 33.545975 Longitude: - 78.11318 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 0.43 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Cape Fear River proposed project: 2b. Water Quality Classification of nearest receiving water: Sc 2c. River basin: Cape Fear River Basin 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: The subject wastewater pumping station is maintained by the City of Southport as a key element of the municipal wastewater system, and is under imminent threat of damage or failure from continuing shoreline erosion at the site. The USACE- Wilmington District has made several visits to Southport in the last decade in reference to shoreline erosion problems at this site. The condition of the shoreline in front of the wastewater pumping station has changed significantly from the earlier trips and has continually moved closer to the pumping station with the shoreline only 20 feet from the building as of a March 2011 site visit. The project site is located on the waterfront of municipal Southport. 3b. List the total estimated acreage of all existing wetlands on the property: No vegetated wetlands on existing property. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The goal of the Southport, NC Section 14 project is to provide reliable protective measures to prevent the ongoing streambank and shoreline erosion at the site from destructively impacting the municipal wastewater pumping station. 3e. Describe the overall project in detail, including the type of equipment to be used: The subject area of the waterfront fronts a wind fetch of around 5 miles, resulting in significant wave action and substantial impacts to the shoreline. The exposure of the site also makes it susceptible to storm surge effects from hurricanes and northeasters. Wakes from passing vessels in the adjacent Atlantic Intracoastal Waterway and the Wilmington Harbor Federal Navigation Channel also impact the shoreline at the site. Continued erosion of the shoreline is expected to directly impact the pump station if reliable protective measures are not provided. The wastewater pumping station is a municipal facility critical to city operations. See Figure 1. The Preferred Alternative would consist of removal of the existing concrete debris and placement of granite armor stone at a maximum side slope of 2H:1 V (2 horizontal feet per vertical foot), with a crest width of just over 5 feet, along a stretch of —350 linear feet of shoreline adjacent to the pumping station. The armor stone unit size would be 20 -inch, 850 -lb on average, and it would be placed in a double layer for an overall thickness of 3.5 feet. The armor stone would be placed over a 12" thick layer of 5 -12" granite bedding stone, in turn placed over a layer of geotextile fabric. See Figures 2 and 3. Total impacts of the construction area will be approximately 0.5 acre based on the measured land area as well as the area of the proposed riprap footprint below the +4.2 foot MLLW contour or about 3,600 square feet of tidal impacts. The construction is proposed to be conducted as a one -time event to reduce the risk of structural failure of the pump station. The stone to be used for this project will either be stockpiled on site and placed from the landward side of the project or will be placed directly onto the design template used a land based crane. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ❑Yes ®No El Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 6. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "h6lp file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 2h. Comments: 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) ) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 0 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary Rock placement below the mean 01 ®P ❑ T Cape Fear River high tide line along project River or Estuary 0.1 boundaries 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 0.1 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 0 0 0 0 0 0 0 5g. Comments: 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: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required B1 ❑P ❑T El Yes ❑ No B2 ❑P ❑T E3 Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 0 0 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Work will be confined to maximum extent practicable to the eroded zone. Impact area is minimized to that necessary to adequately and safely complete the project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. If possible, all work will be completed from the landward side of the project area with little to no in water work. Rock used to stabilize jetty will be clean and contaminant -free (no sediment). Storage of the stone prior to placement will be in industrial /construction locations that will minimal impact on the environment. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: ❑ warm ❑ cool ❑cold 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: 6. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a descnption of the proposed mitigation plan. 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 8of11 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes [_1 No Comments: NA 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <10 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The only building on project area is the small pump station that is upland development covering <10% impervious area 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: NA ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? NA ❑ Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ 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 9 of 11 PCN Form —Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ® 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 ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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.) ❑ Yes ® No Comments. Currently being routed through State Clearing House 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): NA 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® 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. NA Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ® 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 ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS website, agency meetings, and communication /correspendence with USFWS. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Fritz Rohde( 252 - 838 -0828) 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 ® 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? John Mayer- USACE archaeologist 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: It will not change the base flood, 100 -year, elevation. 8c. What source(s) did you use to make the floodplain determination? Digital flood insurance rate maps on the NCFPM webpage. Philip M. Payonk Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version