20090830 Ver 1_401 Application_20090709

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF
July 30, 2009
Environmental Resources Section
Ms. Cyndi Karoly
North Carolina Division of Water Quality
2321 Crabtree Boulevard
Suite 250
Raleigh, North Carolina 27604
Dear Ms. Karoly:
09-0830
COURTESY
(ka" 10 Py
JUL ?2!@Lnygl
3 i 2009
WETLANDS AND STDRAMATER M?A4Dt,
The U.S. Army Corps of Engineers, Wilmington District proposes modifying the location of
effluent discharge from an existing high ground disposal area in the AIWW near Oak Island, Brunswick
County, North Carolina.
The proposed project involves discharge of a low volume of effluent on an existing, naturally
occurring oyster shell berm located waterward of vegetated marsh. The effluent will result from routine
maintenance dredging of the confluence of the AIWW and Lockwoods Folly River, with disposal of
dredged material in Disposal Area (DA) 286, a portion of Sheep Island. Due to the small amount of
material to be dredged (12,000 CY), the expected infrequent future use of the DA, and the cost necessary
to restore the existing disposal components of their design condition, the Corps has determined that
plugging the existing outfall structure located on the inside of the DA, inserting a smaller diameter pipe,
and extending it to the oyster shell berm, will result in a savings to the federal government. The proposed
discharge location is not beyond MLW; therefore a consistency concurrency is being requested from
NC Division of Coastal Management. Because the volume and velocity of effluent discharge is expected
to be low, the Corps has determined that there will be no scouring, erosion, or adverse impact to the
marsh or intertidal areas. Therefore, the project complies with General Certification No. 3700. A
courtesy Pre-Construction Notification, figures, and photographs that further describe the project are
enclosed.
Thank you for your attention to this matter. Should you have any questions, please contact
Mr. Jeff Richter of my Environmental Resources section at telephone [phone].
Sincerel ,
?7l?_
W. Col man Long
Chief, Planning and Environmental Branch
Enclosures

Figure 1. Location Map

Figure 2. Project Map

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Ei Corps action ID no.
0 9- 0 8 3 0 DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing y
1 a. Type(s) of approval sought from the
Corps:
? Section 404 Permit ? Section 10 Permit
r (I P d
d
1 b. Specify Nationwide Permit (NWP) number: Al W to or General Permit (GP) number:
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):
? 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 ? 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
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
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: DA 286 (Sheep Island) modified effluent discharge
2b. County: Brunswick
2c. Nearest municipality / town: Oak Island
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: US Federal Government
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page I of 13
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: Colonel Jefferson Ryscavage, Distrit Engineer, c/o Jeff Richter
4c. Business name
(if applicable):
4d. Street address: 689 Darlington Avenue
4e. City, state, zip: Wilmington. NC 28403
4f. Telephone no.: 910-251-4636
4g. Fax no.: 910-251-4744
4h. Email address: [e-mail]
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 13
PCN Form -Version 1.3 December 10, 2008 Version
't=
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):

1 b.
Site coordinates (in decimal degrees): Latitude: 33.920104 Longitude: -
78.220209
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 30 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Lockwoods Folly River/AIWW
2b. Water Quality Classification of nearest receiving water: SA; HWQ
2c. River basin: Lumber
Page 3 of 13
PCN Form - Version 1.3 December 10, 2008 Version
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:
Project area is an existing Corps of Engineers confined uppland disposal area (DA) used for discharge of dredged
material
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
None
3d. Explain the purpose of the proposed project:
Alternate location of effluent discharge, for purpose of cost savings
3e. Describe the overall project in detail, including the type of equipment to be used:
Approximately 12,000 cubic yards of non-beach quality dredged material from maintenance dredging of the Lockwoods
Folly River crossing of the AIWW is expected to be deposited into DA 286, which has not been used in several years.
The interior of the DA is overgrown with vegetation and the existing effluent discharge structure has begun to deteriorate.
If this structure was to be used as originally designed and constructed, several components will require repair or
replacement. Because future use is expected to be infrequent, the design and construction efforts that would be
necessary to reinstate this structure to its design specifications would be expensive (a portion of the interior of the DA
around the collection box would have to be cleared of vegetation , a portion of the dike would have to be excavated, then
refilled, in order to replace the discharge pipe, the new pipe would be extended thru the existing oyster shell berm or the
pipe grade would have to be reset so that it goes over this berm, and wooden supports would have to be constructed
every 8-10 feet from the outside edge of the dike to mean low water (MLW), a total of approximately 75 feet). Completion
of this work would result in the ability to use the structure for the upcoming dredging event with at most an additional 10
years of availability before similar repair work would be required again.
Because use of the disposal area is expected to be infrequent, the Corps proposes to minimize costs by "plugging" the
intake opening of the existing pipe inside the DA and inserting a smaller diameter pipe through the plug and through the
dike. This smaller diameter pipe will extend to the discharge point. The proposed discharge point is the basis for this
consistency determination.
Present policy requires that discharge from a confined upland facility be discharged waterward of vegetated marsh and
MLW. This policy is to minimize erosion and scouring caused by the effluent discharging from the pipe. For the proposed
project, the volume of discharge is expected to be limited due to the small amount of material to be dredged and the
amount of vegetation growing inside the DA. The duration of discharged is expected to be short for these same reasons.
Due to the grade of the smaller diameter pipe, the velocity of the discharged effluent is expected to be slight. Because of
these factors and the stable nature of the oyster shell berm, discharging on it should result in no erosion and no other
impacts to the aquatic environment. This will reduce costs of the dredging project. Figure 3 is a more detailed
presentation of the proposal, and the attached photos depict existing conditions at the DA.
The project will be constructed by contract labor, likely entailing use of hand equipment to install pipe, and possible small
bob-cat type dozer. Equipment will be transported to site by boat/barge. Folloiwng completion of construction , dredged
material will be pumped into the DA. Effluent will be discharged thru pipe onto oyster shell berm. Water quality will be
monitored twice daily to ensure no violation of water quality standards, and disposal area will be manned while in use to
ensure all components perform as required.
Page 4 of 13
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 /
? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Site is an existing dredged material disposal island. Effluent presently authorized by GC #3700
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 5 of 13
PCN Form - Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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 T
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
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
::S: ? P ? T F-1 PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 6 of 13
PCN Form - Version 1.3 December 10, 2008 Version
•r J
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 T

01 ? PET AIWW at
Lockwoods Folly discharge of effluent from maint
tidal estuarine
< 1 acre
Rvier dredging
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: impacts will comply with existing requirements of GC 3700 except for location
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland

number (acres)
of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
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 7 of 13
PCN Form - Version 1.3 December 10, 2008 Version

•`r
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 an 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 T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Volume of effluent is expected to be low. Grade of pipe is slight, resulting in expected minimal velocity at discharge point.
Effluent will be discharged on existing oyster shell berm to further reduce velocity and potential scouring
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Minimal disturbance necessary. Limited to installation of pipe and subsequent discharge from pipe.
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 8 of 13
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:
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.
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 9 of 13
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 ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? <5 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project involves modified location of
discharge of effluent from an existing confined upland disposal area
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
? 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?
? 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 10 of 13
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. 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:
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):
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.
N/A
Page 11 of 13
PCN Form - Version 1.3 December 10, 2008 Version
0
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. E:1 Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Frequent coordination with USFWS on similar project has allowed the Corps to determine that such a project, involving
modified location of discharge of effluent from an existing confined upland disposal area, will have no impacts on
endangered species or critical habitat. Furthermore, neither are located at the project site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? T[] Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Frequent coordination with NMFS on similar projects has allowed the Corps to determine that there are EFH and HAPC in
the vicinity of the project, but the proposed work will not adversely impact any of these, and preparation of an EFH
assessment is not warranted.
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?
In-house archaeolgy/cultural resources expert
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: Project is located on an unpopulated disposal area and will not
have any impacts on flooding or the floodplain
8c. What source(s) did you use to make the floodplain determination? in-house floodplain professionals
Coleman Long, Chief
Planning/Environmental Branch _
US Army Corps of Engineers
il
i
W
m
ngton District
Appi ant/Agent's /gnature
Date
69 Darlington Avenue (Agent's signature is valid only if an authorization letter from the applicant
Wilmington, NC 28403 is provided.)
Page 12 of 13
PCN Form - Version 1.3 December 10, 2008 Version
Applicant/Agent's Printed Name y
Page 13 of 13
PCN Form -Version 1.3 December 10, 2008 Version