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HomeMy WebLinkAbout20220315 Ver 1_ePCN Application_20220225 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6,2021 Ver 4.2 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. BIMS#Assigned* Version#* 20220315 1 Is a payment required for this project?* No payment required Fee received Reviewing Office* Fee needed-send electronic notification Wilmington Regional Office-(910)796-7215 Select Project Reviewer* Hannah Sprinkle:eads\hhsprinkle Information for Initial Review 1a.Name of project: Southport Ferry Basin Dredging 2022 la.Who is the Primary Contact?* Brian Doliber lb.Primary Contact Email:* 1c.Primary Contact Phone:* bcdoliber@ncdot.gov (252)621-6251 Date Submitted 2/25/2022 Nearest Body of Water Cape Fear River Basin Cape Fear Water Classification Cape Fear Site Coordinates Latitude: Longitude: 39.932887 -77.991897 A. Processing Information County(or Counties)where the project is located: Brunswick Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Is this a NCDOT Project?* Yes No (NCDOT only)T.I.P.or state project number: WBS#(') 16.71001 la.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 1 b.What type(s)of permit(s)do you wish to seek authorization? Nationwide Permit(NWP) Regional General Permit(RGP) Standard(IP) lc.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) Nationwide Permit(NWP)Number: 16-Return Water from Upland NWP Numbers(for multiple NWPS): Id.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: Yes No For the record only for Corps Permit: Yes No lf.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 lh.Is the project located in any of NC's twenty coastal counties? Yes No 1 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 ld.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.Name(s)on recorded deed: NC Department of Transportation 2b.Deed book and page no.: 01147,1145 2c.Contact Person: 2d.Address Street Address 159 Lucinda Lane Address Line 2 City State/Province/Region Powells Point NC Postal/Zip Code Country 27966 Currituck 2e.Telephone Number: 2f.Fax Number: (252)621-6251 2g.Email Address:* bcdoliber@ncdot.gov 3.Applicant Information(if different from owner) 3a.Name: Brian Doliber 3b.Business Name: 3c.Address Street Address 159 Lucinda Lane Address Line 2 City State/Province/Region Powells Point NC Postal/Zip Code Country 27966 usa 3d.Telephone Number: 3e.Fax Number: (252)621-6251 3f.Email Address:* bcdoliber@ncdot.gov C. Project Information and Prior Project History 1.Project Information 1b.Subdivision name: (if appropriate) lc.Nearest municipality/town: Southport 2.Project Identification 2a.Property Identification Number: 2b.Property size: 22200009 12.18 2c.Project Address Street Address 1650 Ferry Road SE Address Line 2 City State/Province/Region Southport NC Postal/Zip Code Country 28401 USA 3. Surface Waters 3a.Name of the nearest body of water to proposed project:* Cape Fear River 3b.Water Resources Classification of nearest receiving water:* Cape Fear 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. 030300050803 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 land in the vicinity of this project is either land used for dredge material disposal or for ferry terminal operations.No development exists on the piece of land being used for the spoil site.The ferry terminal is adjacent to the spoil site and includes paved roads,ferry operations buildings and ferry ramps. 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-2009-02060 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:* To perform maintenance dredging in the state maintained ferry basin located in Southport,NC.Significant shoaling has occurred in the basin,specifically within the ferry slips and between markers 4 and 6.This has made travel in and out of the basin a safety concern for ferry personnel and the travelling public. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* Upon examination of the latest survey,the NC DOT Ferry Division is planning to only dredge within the ferry slips at the ferry basin and between markers 4&6 in the entrance channel during the upcoming dredging event.Those are the only areas of the basin and channel that have shoaled in significantly and pose safety concerns for ferry passage to and from Southport.The most recent survey,dated December 20,2021,displays a total of 11,682 cubic yards that would need to be removed from the ferry slips and 13,599 cubic yards from the channel between markers 4&6 to meet the permitted depth of 14'.This would come to a cumulative total of 25,281 cubic yards. All work will be completed by the NC DOT Ferry Division Marine Maintenance crew who operate the state-owned hydraulic dredge"Manteo."All material removed from the Southport ferry basin will be pumped into the adjacent spoil site.The spoil site will hold approximately 120,000 cubic yards and therefore contains ample capacity to accommodate the proposed amount of material to be excavated.NC DOT owns the land on which the spoil site sits and has a current mining permit(#10-86).Dredging will begin the week of March 7,2022 and will be completed before the moratorium goes into effect on April 1,2022.Equipment that will be used includes the Dredge Manteo,tugs,small barges,and an excavator for spoil site activities. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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 projector related activity? D. Proposed Impacts Inventory U 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): Wetlands Streams-tributaries Buffers Open Waters Pond Construction 4. Open Water Impacts 4a. Site# 4a1.Impact Reason 4b.Impact type 4c.Name of waterbody 4d.Activity type 4e.Waterbody type 4f.Impact area Southport Ferry Dredging T Caper Fear River Dredging Tributary 5.00 Basin 4g.Total temporary open water Impacts: 4g.Total permanent open water impacts: 5.00 0.00 4g.Total open water impacts: 5.00 4h.Comments: 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: All work will be completed within the permitted time frame to avoid any potential impacts to wildlife.Spoil site NTU levels will be monitored in accordance to the Ferry Division Environmental Management System(EMS). 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All equipment will be checked on a daily basis for any possible leaks,dredge pipe will be secured along with all tugs and barges in an area as to not impact the surroundings.Spoil site spill gate will be properly maintained and measured to avoid 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? Yes No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: 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? Yes No If no,explain why: 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: 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 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(North Carolina) Environmental Policy Act(NEPA/SEPA)?* Yes No Comments:* Is not required.State maintained channel and basin that has a current CAMA permit. 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. Dredging event only 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 5d.Is another Federal agency involved?* Yes No Unknown 5e.Is this a DOT project located within Division's 1-8? Yes No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Coordination with resource agencies during past dredging events 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?* NOAA EFH Mapper,online documentation,coordination with resource agencies during past dredging events 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?* Currently permitted.http://gis.ncdcr.gov/hypoweb/ 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: 8c.What source(s)did you use to make the floodplain determination?* https://msc.fema.gov/portal/search 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 File must be PDF or KMZ Comments Survey maps showing dredge limits for planned event and vicinity map showing areas to be dredged. 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: Brian Doliber Signature Date 2/25/2022