20170056 Ver 3_ePCN Application_20240802

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20241050
1
Is a payment required for this project?*
No payment required
Fee received
Reviewing Office*
Fee needed - send electronic notification
Washington Regional Office - [phone]
Select Project Reviewer*
Garcy Ward:garcy.ward
Information for Initial Review
la. Name of project:
Stumpy Point Maintenance Dredging 2024
1a. Who is the Primary Contact? *
Brian Doliber
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/2/2024
Nearest Body of Water
Stumpy Point Bay/Pamlico Sound
Basin
Tar -Pamlico
Water Classification
Stumpy Point Bay/Pamlico Sound
Site Coordinates
Latitude:
35.698348821
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
Is this project a public transportation project?*
Yes No
Longitude:
-75.770459741
1c. Primary Contact Phone:*
[phone]
O

Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
WBS # (1)
16.71001
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)
1b. What type(s) of permit(s) 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: 35 - Maintenance Dredging Existing Basins (Sect 10 Only)
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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:
1f. Is this an after -the -fact permit application? *
Yes No
1g. 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
I Is the project located within a NC 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 AgentlConsultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
NC DOT Ferry Division
2b. Deed book and page no.:
2c. Contact Person:
Brian Doliber
Yes No
Yes No

2d. Address
Street Address
159 Lucinda Lane
Address Line 2
City
Powells Point
Postal / Zip Code
27966
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(If appropriate)
1c. Nearest municipality I town:
Stumpy Point
2. Project Identification
2a. Property Identification Number:
024005002
2c. Project Address
Street Address
100 Log Storage Road
Address Line 2
city
Martins Harbor
Postal / Zip Code
27953
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Stumpy Point Bay/Pamlico Sound
3b. Water Resources Classification of nearest receiving water:
Stumpy Point Bay/Pamlico Sound
3c. What river basin(s) is your project located in?*
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030102051504
4. Project Description and History
State / Province / Region
NC
Country
USA
2f. Fax Number:
2b. Property size:
5.55
State / Province / Region
NC
Country
USA
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 Stumpy Point Emergency Ferry Terminal is used by the NC DOT Ferry Division when NC 12 is rendered inaccessible by hurricanes or other storm events for a prolonged period of
time. Ramps and gantries, docks for the tie up slips and shore power receptacles are located on the property. No other development is located within the property limits. Vegetation
consists of low lying shrubbery and trees.
The basin itself is located within the Stumpy Point Bay.
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).
SAW-2022-02076,20170056
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 North Carolina Department of Transportation (NCDOT) Ferry Division is requesting authorization to perform emergency maintenance dredging within the Stumpy Point ferry basin that
is used for emergency operations. A recent survey taken of the basin and entrance channel revealed channel depths that appeared too shallow for safe navigation in and out of the basin.
On 07/15/2024 a work boat was deployed to investigate the severity of the shoaling in person and found that while the channel was navigable, the area in the basin directly in front of the
ramp and tie-up slips would be too shallow for the ferries. It was determined that the terminal would not be functional if a storm necessitated the running of the emergency ferry route, and
that dredging around the ramp and slips would be required to allow for ferries to make the approach and dock under the ramp and in the slips. In response to these findings Lamar
Sylvester, NCDOT Chief Engineer, issued a Declaration of Emergency regarding the situation, which has been provided alongside this request. The area shown in the attached
bathymetric survey is approximately 275' x 150' and we propose to dredge -7' MLLW. Excavation to -7' within the dredge box depicted would result in the removal of 3,496 cubic yard of
material.
NC DOT Ferry has deemed it necessary to request moratorium relief for this project because of the emergency terminal's critical role in protecting the health and safety of those on
Hatteras Island during hurricane season. Waiting for the moratorium period to end on October 31 would render the terminal inaccessible during the months when the likelihood of it being
needed is the highest. The Rodanthe-Stumpy Point ferry route provides emergency access between Hatteras Island and the mainland when storm or over -wash events cause NC HWY12
to close above the village of Rodanthe. The route is an extension, or alternate route, of highway 12 and it is vital to have this as an option for emergency services.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
An excavator and barge would be used to remove the material for this dredging event due to the near -shore location of the shoaling that is to be addressed. This methodology has been
utilized at this location in the past and was authorized by the 05/24/2021 NW-35 Permit (Action ID SAW-2006-41252). As with the 2021 event, the project will be posted for bids, and a
dredging contractor will be selected to perform this work. Since access to the ramp is our most essential need the contractor would begin dredging under and directly in front of it first. The
areas under and in front of the slips would be excavated after that was completed. The entire area within the dredge box would be excavated to the -7' depth with a 3:1 slope on the sides.
Immediately following excavation, the material would be placed on a barge. From there it would be unloaded from the barge at the ferry terminal to an upland location situated at least 75'
landward of the shoreline. The attached location map indicates the general area for temporary material placement. It would be allowed to dewater there for an appropriate period of time
before being transferred via dump truck to the United States Fish and Wildlife Service (USFWS) - owned Stumpy Point Upland Disposal Cell on Alligator River National Wildlife Refuge
(NWR). While dewatering, erosion and sediment control measures (silt fence) would be installed, operated and maintained in accordance with the most recent version of the NC Sediment
and Erosion Control Planning and Design Manual. A Special Use Permit (SUP) would be obtained from the USFWS prior to any work taking place. NCDOT Ferry will have staff regularly
monitoring the site for compliance. Coordination with Dare County and the United States Army Corp of Engineers (USAGE) has taken place to ensure the disposal cell has ample capacity
for both our proposed dredging event and for the event the USACE has planned for the federal portion of the Stumpy Point Channel. The current capacity of the disposal cell is
approximately 104,000 cubic yards and the USACE will need approximately 45,000 cubic yards of capacity for their proposed dredging event. This leaves ample room for the 3,496 cubic
yards of material we plan to transport to the disposal cell during our dredging event. While the specifics of the contract have yet to be worked out since permit authorizations are needed
first, we expect the project to take approximately four weeks to complete assuming no weather or mechanical delays. Therefore, we have asked the resource agencies to approve relief
from August 28 through October 31 (end of moratorium) so we have the flexibility needed for the contract. The purpose of the project is to make the terminal accessible during the
hurricane season so work would begin as soon as possible.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
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
Unknown
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?
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
Stumpy Point
Basin
Remove material from
basin/channel bottom
P
Pamlico Sound
Dredging
Sound
0.95
Q
u

4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.95
4g. Total open water impacts:
0.95
4h. Comments:
Only the area shown in the attached map will be impacted by this dredging event. All 3,496 cubic yards of material will be removed in the area directly
adjacent to the ferry ramps and slips.
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:
Procedures and data from previous dredging events within the same channel will be utilized to ensure no impacts occur outside of the project area.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Continual monitoring of excavation depth and location will be performed to ensure that the basin remains in compliance with its permitted design.
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:
Reoccurring dredge event within a permitted channel
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:
In -water work
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
In -water work
G. Supplementary Information
1. Environmental Documentation
1a. 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:'
No new impacts. Established ferry basin and channel.
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)
8
O
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.
Dredging project
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Consultation with the NMFS, NC DMF, US FWS, and NC WRC. Responses attached to this EPCN.
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 Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
Consultation with the NMFS, NC DMF, US FWS, and NC WRC. Responses attached to this EPCN.
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 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The basin and channel have been dredged repeatedly in the last event being completed in 2021
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:
In -water work
8c. What source(s) did you use to make the floodplain determination?
In -water work
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
NC DMF Response 08-02-24.pdf
364.35KB
NMFS Response for Moratorium Relief 7-31-24.pdf
311.04KB
US FWS Moratorium Relief Response.pdf
302.29KB
Bucket & Barge Dredging 2024 Lee Map.pdf
471.04KB
Stumpy Point Emergency Declaration Memo Signed 2024.pdf
279.75KB
Stumpy Point 2024 Survey.pdf
12.92MB
Off loading site project area disposal area 2024.pdf
460.02KB
Stumpy Point Survey_May 2023_FINAL.pdf
5.32MB
File must be PDF or KMZ
Comments

Signature
0
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:
Brian Doliber
Signature
AL tu?a 01"It
Date
S/2/2024