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HomeMy WebLinkAbout20211442 Ver 1_401 Application_20210929DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 Has this project met the requirements for acceptance in to the review process?* a Yes ✓ No Is this project a public transportation project?* GYesa No Change only 1 needed. BIMS # Assigned* Version#* 20211442 1 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Wilmington Regional Office - (910) 796-7215 Information for Initial Review la. Name of project: Wilmington Airport - VORTAC Replacement la. Who is the Primary Contact?* Joshu Greene What amout is owed?* F $240.00 r $570.00 Select Project Reviewer* Holley Snider:eads\hasnider lb. Primary Contact Email:* lc. Primary Contact Phone:* Joshua.Greene@faa.gov (404)985-5317 Date Submitted 9/29/2021 Nearest Body of Water Prince George Creek - Northeast Cape Fear River Basin Cape Fear Water Classification Prince George Creek C; Sw Northeast Cape Fear River B;Sw Site Coordinates Latitude: Longitude: 34.351641 -77.874509 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* a Yes r No Is this a NCDOT Project?* ✓ Yes f No la. Type(s) of approval sought from the Corps: 17 Section 404 Permit (wetlands, streams and waters, Clean Water Act) n Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? 7 Nationwide Permit (NWP) n Regional General Permit (RGP) n Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes r No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: P. 401 Water Quality Certification - Regular I— Non-404 Jurisdictional General Permit n Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* ✓ Yes (-No n 401 Water Quality Certification - Express n Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes C No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment NECFUMB_Credit Reservation_FAA VORTAC.pdf 161.6KB 1h. Is the project located in any of NC's twenty coastal counties? ('Yes rNo 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ✓ Yes (- No r Unknown 1j. Is the project located in a designated trout watershed? ✓ Yes ('No B. Applicant Information Id. Who is applying for the permit? I— Owner 17 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* ✓ Yes(-No 2. Owner Information 2a. Name(s) on recorded deed: U.S.A. 2b. Deed book and page no.: PID: R01100-008-011-003 Map ID: 323220.90.4683.000 2c. Responsible party: Federal Aviation Administration (FAA) ✓ Yes t No ✓ Yes (' No 2d. Address Street Address P.O. Box 20636 Address Line 2 aty State / Rovince / Region Atlanta Georgia Postal / Zip Code Country 30320 USA 2e. Telephone Number: 2f. Fax Number: (404)985-5317 2g. Email Address:* Joshua.Greene@faa.gov 3. Applicant Information (if different from owner) 3a. Name: Joshua Greene 3b. Business Name: 3c. Address Street Address NAVAIDS Eng Ctr AJW-2E14C Address Line 2 1701 Columbia Avenue Criy State / Bovine/ Region College Park Georgia Postal / Zip Code Gantry 30337 USA 3d. Telephone Number: 3e. Fax Number: (404)305-7071 3f. Email Address:* Steven. Morse@faa.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (8 apprgxiate) lc. Nearest municipality/ town: Castle Hayne 2. Project Identification 2a. Property Identification Number: PID: R01100-008-011-003 2c. Project Address Street Address 4900 Holly Shelter Road Address Line 2 2b. Property size: 80.85 C7ty State / Bovine / Region Castle Hayne North Carolina Postal / Zip Code Country 28429 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Prince George Creek - Northeast Cape Fear River 3b. Water Resources Classification of nearest receiving water:* Prince George Creek C; Sw Northeast Cape Fear River B;Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300070807 4. Project Description and History 4a. 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 existing Visual Omnidirectional Range Tactical Air Navigation System (VORTAC) facility (4900 Holly Shelter Road, Castle Hayne, North Carolina, 28429) is approximately 5.1 miles northeast of the Wilmington Airport. VORTAC is a radio -based navigational aid for aircraft pilots consisting of a co -located VHF omnidirectional range (VOR) beacon and a tactical air navigation system (TACAN) beacon. This project will replace the existing VORTAC with doppler VORTAC. The existing VORTAC site and proposed VORTAC Replacement location was surveyed for the presence of waters of the U.S. including wetlands and streams on November 21, 2019. The existing VORTAC facility and access road, that dates to the early 1960s, is situated in a large flat schub/shrub wetland area that is frequently maintained by brush and tree cutting. The facility is on fill material (primarily dirt and gravel) that is elevated slightly above the surrounding wetland. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* ✓ Yes 6. No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Castle Hayne and Scotts Hill Quads.pdf 533.75KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soil Map - Wilmington Airport.pdf 518.46KB 4f. List the total estimated acreage of all existing wetlands on the property: > 8 acres 4g. List the total estimated linear feet of all existing streams on the property: none 4h. Explain the purpose of the proposed project:* The purpose of this study was to examine the potential for impacts to waters of the U.S., especially streams and wetlands, that could be affected by the VORTAC Replacement. The project is needed, because the existing VOR has several radials that aren't working due to interference most likely due to mature tree growth out past the 1000-foot radius. Converting to a Doppler VOR will raise the counterpoise up 55 feet above ground level (AGL) in the air and will eliminate any interference from anything on the ground and nothing below80 feet at the 1000-foot radius. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The existing VOR antenna and shelter, and propane tank will be removed; the existing transformer and back-up emergency communication (BUEC) will be relocated. The elevated Doppler VORTAC facility will consist of expanded gravel/impervious surfaces along the east and west sides of the existing gravel pad and construction of a 4 foot wide gravel path extending 150 feet from the east side of the expanded pad (approximately 0.31 acres), a new VOR shelter measuring 11.5 feet x 30 feet, a concrete engine generator (EG) pad measuring 10 feet by 12 feet, a disconnect/transfer switch rack, relocation of the transformer and back-up emergency communication (BUEC) antenna, and the installation of new conduit lines from the VOR shelter to the TACAN monitor (which will be the same location as the existing), to VOR monitor and relocated BUEC, and to the disconnect/transfer switch rack and transformer. The elevated Doppler VORTAC will be 55-feet high; the relocated BUEC will be 60-feet high.The wetlands on the VORTAC facility property would likely be considered jurisdictional, because they are adjacent to other waters of the U.S. including unnamed tributaries to the Northeast Cape Fear River and Prince George Creek. The VORTAC scrub shrub wetland is over 8 acres in size. As currently designed, the wetland impacts would be approximately 0.19 acres (temporary wetland impact 0.05 acres + permanent wetland impact 0.14 acres. The existing VORTAC fill is approximately 0.33 acres. 4j. Please upload project drawings for the proposed project. ILM-VOR WR_2907 combined 08032021 - final plan set for permit.pdf 10.O6MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No r Unknown Comments: Luke F. Eggering, SPWS surveyed the area in November 2019. The Waters of the U.S. report is attached, and data is presented. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* ✓ Preliminary r Approved G Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Luke F. Eggering, SPWS Parsons 5d1. Jurisdictional determination upload Wetland Delineation Report - Wilmington Airport VORTAC Replacement.pdf Wetland Report Appendix A - wetland data and photographs V1.pdf 6. Future Project Plans 6a. Is this a phased project?* ✓ Yes r No 1.89MB 16.93MB Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? There are no other or additional NWPs, RGPs, or IPs needed for this project. Coordinated with Mr. Brad Shaver on August 9-10, 2021 regarding the NWP type and mitigation. Site plan set and WOTUS report provided to Ms. Holly Snider via email correspondence August 22 and August 24, 2021. D. Proposed Impacts Inventory L) 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): fJ Wetlands r Open Waters ✓ Streams -tributaries r Buffers ✓ Pond Construction 2. Wetland Impacts Type: Non -riparian wetland Attach Receipt and/or letter NECFUMB_Credit Reservation_ FAA VORTAC.pdf 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* VORTAC Expand fill P Riverine Swamp Forest VORTAC Wetland No Corps 0.140 (acres) VORTAC Construction Impact T Riverine Swamp Forest VORTAC Wetland No Corps 0.050 (acres) 2g. Total Temporary Wetland Impact 0.050 2g. Total Wetland Impact 0.190 2h. Comments: 2g. Total Permanent Wetland Impact 0.140 The existing VORTAC facility will be replaced which will require a slightly larger footprint than the existing facility. See the project description above for details. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The entire area around the existing VORTAC facility is a wetland. To minimize impacts, the existing filled area (roadway and existing VORTAC facility footprint) will be used. The existing VORTAC will be removed, and construction will be on the same footprint. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The temporary construction impact is very small with only 0.05 acres of impact. This area has been deliberately minimized to reduce project impacts. 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? 6 Yes C No 2c. If yes, mitigation is required by (check all that apply): r DWR fJ Corps 2d. If yes, which mitigation option(s) will be used for this project? 17 Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Northeast Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Quantity: 0.4 acres 3c. Comments Credit letter provided by: Andy Dortch, Environmental Scientist (PM) and Safety Manager Land Management Group, Environmental Consultants 3805 Wrightsville Avenue, Suite 15, Wilmington NC 28403 Direct: 910.452.0001 x 1921 Cell: 910.471.5012 Fax 910.452.0060 161 6KB F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes 6'No If no, explain why: This project is over 2500-feet from both Northeast Cape Fear River and Prince George Creek; there are no riparian buffers present. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes G No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 6 Yes r No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* 6 Yes rNo 1b. 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 (North Carolina) Environmental Policy Act (NEPAISEPA)? * (7 Yes r No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* ✓ Yes ( No Comments:* The VORTAC project would be under: FAA Order 1050.1F Equipment and Instrumentation, paragraph 5-6.3c. The impacts to the natural and human environment that would be addressed through NEPA CATEX are minimal. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes 0'No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes ( No 3b. If you answered "no," provide a short narrative description. This is a replacement of an existing facility, and no further development in the area would be warranted or desired. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes (7Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* 6 Yes rNo 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* 6 Yes rNo 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* F Yes What Federal Agency is involved? Federal Aviation Administration (FAA) 5e. Is this a DOT project located within Division's 1-8? ✓ Yes r No r No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes G No 5g. Does this project involve bridge maintenance or removal? ✓ Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes G No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See attached preliminary IPaC report with the area of concern designated. There are no critical habitats present. Potential NLEB habitat exists outside the 1000-foot cleared area around the VORTAC tower. The area has remained cleared since the 1960's to prevent interference with the tower operation. There is no suitable habitat for the other species listed. Consultation Documentation Upload IPaC_ Explore Location - species list.pdf 641.81 KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes 6' No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* https://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Sustainable-Fisheries/ https://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Sustainable-Fisheries/ 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 status?* ✓ Yes 6 No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A site files search was conducted by a qualified archaeologist on May 29, 2020, using the online North Carolina State Historic Preservation Office HPOWEB Geographic Information System (GIS). No documented architectural resources are located within a % mile radius of the ILM VORTAC facility project area. Because VORTAC buildings dating from the late 1950s to the early 1960s are ubiquitous across the country and were constructed of a simple, utilitarian design based on standardized plans, they are not likely to be considered eligible for the National Register of Historic Places (NRHP). The FAA has determined that the ILM VORTAC is not eligible for the NRHP. The SHPO has concurred that there will be no impacts to cultural resources. 7c. Historic or Prehistoric Information Upload NC SHPO_ILM Airport_Project Review7 22 2020.pdf SHPO Clearance Letter 20-1682.pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes f• No 2.47MB 214.53KB 8c. What source(s) did you use to make the floodplain determination?* The area is shown as Zone X (Area of Minimal Flood Hazard) according to the FEMA website. The generated map is attached below. Miscellaneous Comments The prefiling request form is attached. Miscellaneous attachments not previously requested. FIRMETTE_0047c67d-3301-4fd6-8cc1-a0f98c8316f8.pdf VORTAC Replacment Project - Property information.pdf Prefiling Meeting Request 8-25-2021 - per Holly Snider.pdf 1007127 ILMA VORTAC CATEX Dec 2020 FAA Signed.pdf 818.46KB 954.43KB 101.2KB 8.73MB Signature * 17 By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Joshua Greene Signature eZelhrra Date 9/29/2021