20110786 Ver 3_ePCN Application_20230811

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
5/31/2023
BIMS # Assigned
20110786
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - [phone]
Information for Initial Review
1a. Name of project:
US Coast Guard Station Oregon Inlet Maintenance Dredging of Walter Slough
1a. Who is the Primary Contact?*
Greg DeVan
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/11/2023
Nearest Body of Water
Walter Slough
Basin
Pasquotank
Water Classification
SA; HOW
Site Coordinates
Latitude: Longitude:
35.79109-75.56607
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Dare
Is this a NCDMS Project
Yes No
Version#*
3
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Robert Tankard:[e-mail]
1c. Primary Contact Phone:*
[phone]
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 23 - Categorical Exclusions
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
401 Water Quality Certification - Express
Riparian Buffer Authorization
1f. Is this an after -the -fact permit application? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1i. Is the project located within a INC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?'�
Yes No
2. Owner Information
2a. Nari on recorded deed:
US Federal Government
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1240 East Ninth Street
Address Line 2
City
Cleveland
Postal / Zip Code
44199
Stale / Province / Region
Ohio
Country
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Greg DeVan
3b. Business Name:
US Coast Guard
3c.Address
Street Address
1240 East Ninth Street
Address Line 2
City
Cleveland
Postal / Zip Code
44199
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
John Policarpo
4b. Business Name:
US Army Corps of Engineers
4c.Address
Street Address
69 Darlington Avenue
Address Line 2
city
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Nags Head
2. Project Identification
2f. Fax Number:
State / Province / Region
Ohio
Country
United States
3e. Fax Number:
State / Province / Region
North Carolina
Country
United Sates
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:

2c. Project Address
Street Address
8700 NC Highway 12
Address Line 2
city
Nags Head
Postal / Zip Code
27959
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Walter Slough
3b. Water Resources Classification of nearest receiving water:
SA; HOW
3c. What river basin(s) is your project located in?*
Pasquotank
3d. Please provide the 12-digit HUC in which the project is located.
030102051507
4. Project Description and History
State / Province / Region
North Carolina
Country
United States
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 project area is located within waters of the United States, associated with Walter Slough Channel, waterward of 8700 INC Highway 12, Nags Head, Dare County, North Carolina. The
Walter Slough navigation channel follows naturally occurring deep water, having authorized dimensions of -7 feet mean lower low water (MLLW), with 2 feet of allowable overdepth, and a
bottom width of 60 feet; the entire USCG basin is authorized to be maintained at -7 feet MLLW, with 2 feet of allowable overdepth. A dredging window from October 1 to February 14 within
Walter Slough has been established for the protection of fisheries resources; all maintenance dredging would be conducted within this timeframe.
Project History: USACE Regulatory Division issued a Standard Permit (SAW-2011-01747) on June 12, 2012. The NCDEQ, DWR issued a corresponding WQC No. 3919 (Project No.
20110786) on May 23, 2012, with a June 1, 2012, revision. The NCDCM issued a Federal consistency concurrence dated November 17, 2011.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
USACE: SAW-2007-01747
NCDEQ DWR: WQC No. 3919 (Project ID: 20110786)
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The project purpose is to maintenance dredge the Walter Slough navigation channel and USCG Station Oregon Inlet boat basin, with the ability to utilize multiple dredge types and
placement options for dredged material.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project is to conduct as -needed maintenance dredging of shoaled areas within the Walter Slough navigation channel and USCG Station Oregon Inlet boat basin, over the
lifetime of the permit, with the ability to use various dredge types, including hydraulic pipeline, mechanical, Government owned special purpose (small hopper), and Government owned
suction or draghead, and with various placement options, including control -of -effluent on Island D bird island, placement in a confined upland facility, temporary upland placement with
subsequent removal, and open water placement (adjacent to Herbert C. Bonner Bridge pilings and nearshore placement off Pea Island), all of which were previously authorized through
the August 2013 EA/FONSI and by various regulatory agencies, as noted above. The Walter Slough navigation channel follows naturally occurring deep water, having authorized
dimensions of -7 feet mean lower low water (MLLW), with 2 feet of allowable overdepth, and a bottom width of 60 feet; the entire USCG basin is authorized to be maintained at -7 feet
MLLW, with 2 feet of allowable overdepth. A dredging window from October 1 to February 14 within Walter Slough has been established for the protection of fisheries resources; all
maintenance dredging would be conducted within this timeframe. The estimated quantity of material to be dredged during FY24 will be approximately 3,114 cubic yards.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):

Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
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?
While the project is not phased, multiple dredging events could occur during the lifetime of the NWP, should dredging be needed and if funding is available.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
Walter Slough
Dredging
P
Walter Slough
Dredging
Estuary
275.00
Nearshore
Area
Placement
P
Atlantic Ocean
ill 77
F
Ocean
1.00
=1
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
276.00
4g. Total permanent open water impacts:
276.00
4h. Comments:
These impacts are for the FY2024 dredging event only. The Corps would coordinate any future dredging events under this verification as (or if) they
occur.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
See attached supplement for full avoidance and minimization measures for all dredge and placement types.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
To protect fisheries resources, all dredging would be conducted from October 1 to February 14, of any given year. This includes the FY24 maintenance
dredging event as well as all future dredging events. In addition, the dredge plant would abide by all measures to protect federally listed threatened and
endangered species during work.
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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
There will be no loss of waters of the U.S., including wetlands or other special aquatic sites, either physically or in functions and values, for any type of dredging or dredged material
placement option; therefore, compensatory mitigation
would not be required.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
This is a maintenance dredging project in an existing navigation channel and boat basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
8
a

2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
This is a maintenance dredging project in an existing navigation channel and boat basin; no development is proposed.
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?
Yes No
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 (NEPA/SEPA)?*
Yes No
Comments:*
NEPA documentation was conducted in 2013 and a FONSI signed in August 2013.
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 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.
Maintenance dredging of the USCG basin has been conducted routinely in the past and will not result in additional development. A cumulative impacts
assessment is attached.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No 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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
What Federal Agency is involved?
US Coast Guard
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
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 No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Location and scope of project, USFWS' IPaC website, and professional experience with similar projects.
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes No
Will this project affect submerged aquatic vegetation?*
Yes
No
Unknown
Explain
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
An EFH Assessment is included as a supplement with a conclusion of no substantial adverse impacts.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Unknown
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 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Review of available SHPO data sources on the regulatory viewer and best professional judgement based on experience.
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:
The proposed project is the maintenance dredging of the Walter Slough navigation channel and an existing Coast Guard boat basin. No new
development will be constructed. The proposed project would have no effect on the FEMA floodplain.
8c. What source(s) did you use to make the floodplain determination?*
FEMA National flood hazard layer mapping
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
USCG Oregon Inlet Permit Supplement_Attachments _8AUG23_FINAL.pdf 8.26MB
USCG Oak Island Cover Letter_11AUG23_signed.pdf 139.12KB
File must be PDF or KMZ
Comments
The Corps has conducted and attached an environmental assessment of relevant regulatory rules, including a cumulative impacts assessment per NCDEQ DWR for water quality
certification. The project plans are also attached. NCDWRs application fee will be submitted when prompted. The Corps will coordinate any future dredging and placement of dredged
material events undertaken via this verification. For FY24, the Corps proposes to dredge approximately 3,114 cubic yards of material.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
John N. Policarpo
Signature
Date
8/11/2023
L