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HomeMy WebLinkAbout20200622 Ver 1_PCN Revision_20200701DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 11, 2020 Ver 3.1 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. hftps://edocs.deq.nc.gov/WaterResouroes/0/edoc/624704/PCN % 20Help / 20File / 202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Pander Onslow Is this a NCDMS Project* r Yes r No pick Yes, ordy if NIZDVS is the applicant a co -applicant. Is this project a public transportation project?* r Yes r No This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps:* W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permits) do you wish to seek authorization?* r Nationwide Permit (NWP) W Regional General Permit (RGP) r Standard (IP) This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* IT Yes r No Regional General Permit (RGP) Number: RGP Numbers (for multiple RGPS): List all RGPnurrbers you are applying for not w the drop down list. 1d. Type(s) of approval sought from the DWR:* check all that apply fJ 401 Water Quality Certification - Regular r Nori Jurisdictional General Permit r Individual Permit 198000048 - Emergency Activities on Ocean Beaches 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?* r Yes IT No r 401 Water Quality Certification - Epress r Riparian Buffer Authorization * O Yes G No r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from rritigation bank or in -lieu fee program r Yes r No Acceptance Letter Attachment pick the upload button a drag and drop files here to attach docurrerd RLETYFEMJSTBEFDF 1h. Is the project located in any of NC's twe nty coastal counties?* r Yes r No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?* r Yes r No O Unknown 1j. Is the project located in a designated trout watershed?* r Yes IT No Link to trout information: http://wurw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?* Keleigh Cox 1 c. Primary Contact Phone:* 1b. Primary Contact Email:* (axa)xxx-xxxx keleigh.c.cox@usace.army.mil (910)251-4070 1d. Who is applying for the permit?* r Owner Applicant (other than owner) (Check all that apply) le. Is there an Agent/Consultant for this project?* r Yes IT No 2. Owner Information 2a. Name(s) on recorded deed:* Beaches of Surf City and North Topsail Beach 2b. Deed book and page no.: 2c. Responsible party: (for Corporations) US Army Corps of Engineers 2d. Address* Street Address 69 Darlington Avenue Address Line 2 aty State / province / Pegion Wilmington NC Fbstal / Zip Cale Country 28403 United States 2e. Telephone Number:* (xxx)xxx-xxxx (910)251-4070 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* keleigh.c.cox@usace.army.mil 3. Applicant Information (if different from owner) 3a. Name: Keleigh Cox 3b. Business Name: (if applicable) 3c. Address* Street Address 69 Darlington Avenue Address Line 2 city State / Rovince / Region Wilmington NC Postal / Zip code Country 28403 United States 3d. Telephone Number:* (910)251-4070 3e. Fax Number: (xxx)xxx-xxxx (xxx)xxx-Xxxx 3f. Email Address:* keleigh.c.cox@usace.army.mil C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Surf City North Topsail Beach Coastal Storm Risk Management Project 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: * Towns of Surf City and North Topsail Beach 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax RN or parcel ID) (in acres) 2c. Project Address Street Address Address Line 2 city State / Rovince / Region Rstal / Zip Code Country 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 34.448242-77.508427 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Atlantic Ocean 3b. Water Resources Classification of nearest receiving water:* SB Surface Water Lookup 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located.* 030203020301 River Basin Lookup 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The beaches at both Surf City and North Topsail Beach offer extensive public recreational opportunities for activities such as swimming, sunbathing, walking, surfing, bird watching, and fishing. The aesthetic value of this beach community is evidenced by the popularity of the area for family oriented recreational use and tourism. In addition to being important to local, regional, and national recreation and tourism, both Surf City and North Topsail beaches provide nesting habitat for endangered and threatened sea turtles, as well as habitat for the threatened piping plover, red knot, and seabeach amaranth. l^J 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r 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) Click the upload button or drag and drop files here to attach document File type rust be pdt 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) pick the upload button or drag and drop files here to attach docurent File type rust be pdf 4f. List the total estimated acreage of all existing wetlands on the property 4g. List the total estimated linear feet of all existing streams on the property: (intermttent and perennial 4h. Explain the purpose of the proposed project:* The Surf City and North Topsail Beach (SCNT) study area is located on Topsail Island, which is a 22-mile-long and 0.5-mile-wide barrier island approbmately 40 miles northeast of Wilmington, North Carolina. The linear extent for construction of the SCNT CSRM project is about 10 miles. This area is at risk from hurricanes and winter storms, which regularly erode the shoreline, causing damage to structures and environmental resources. This project would be built to protect the shoreline against erosion. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The Coastal Storm Risk Management (CSRM) project will include the creation of a 7-foot high by 50-foot optimum wide berm and a 15-foot high by 25-foot wide dune along approximately 10 miles of shoreline. Initial construction of the project will require approximately 13 million cubic yards of borrow material. Several borrow areas have been identified and are typically between one and six miles offshore and have pre -dredge bottom depths between 35 and 50 feet. The renourishment interval for the SCNT CSRM project is six years. 4j. Please upload project drawings for the proposed project. pick the upload button or drag and drop files here to attach docurent SCNTBeach-95pct_PlansRev042020.pdf 70.73MB File type rust be pdr 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes Comments: r No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: Example: S4W-2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload Qick the upload button a drag and drop files here to attach docun- M File type rust be FCF 6. Future Project Plans 6a. Is this a phased project?* IT Yes n No O Unknown 7b. If yes, explain. Coordination is ongoing with resource agencies to expand the hopper dredging window of December 1 to March 31, which is the window documented in the 2012 FEIS and supplemental Fes, completed in 2014. This project would be conducted in two to three phases. The first phase (first year) of the initial construction of the project would use the current environmental windows for dredging (December 1 to March 31). The following consecutive years of initial construction would be constructed using expanded windows coordinated with resource agencies during development of a new Environmental Assessment pursuant to the National Environmental Policy Act (NEPA) that will address impacts of expanded windows for construction. As stated above, this project will have a six -year renourishment interval; renourishments will be done in accordance with the expanded windows that result from coordination during the NEPA process, which is ongoing. 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands r Streams -tributaries r Buffers W Open Waters r Pond Construction 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. 4a1. Impact Reason 4b. Impact type * (?) 4c. Name of waterbody (?) 4d. Activity type * 4e. Waterbody type * 4f. Impact area* SCNTB Construction of a L Atlantic Ocean Stabilization Ocean 695 CSRM Project (acres) 4g. Total temporary open water Impacts: 695 4g. Total permanent open water impacts: 0.00 4g. Total open water impacts: 695 4h. Comments: The acreage of impacts is an estimate of intertidal, nearshore areas, and borrow areas within 3 miles potentially affected by beach placement. The acreage of the impact is for the full construction template; however, the impact related to initial construction will occur over two to three years. Renourishment impacts will occur within one year, but will include less material placed on the beaches, resulting in a shorter duration for impacts. The surface area for beachfill placement that is below the MHW Elevation (1.4' NAVD88) is 689 Acres. The borrow area impacts within 3 miles are —6 acres E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Closely coordinated with resource agencies to determine Best Management Practices and avoid environmental impacts. Expansion of the construction Wndowwill also reduce the number of disturbance events to the beaches and aquatic resources. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Endangered species observers will be on hopper vessels to record impacts to mammals and endangered species. Environmental protocols are in place for dredging vessels if mammals are sighted or endangered species are taken. For the beach placement, sea turtle nest monitoring will take place to make sure placement doesn't adversely affect sea turtles. Tilling will be implemented, escarpments will be shaved off, and only 90 % beach compatible sand will be placed on the beach. Shoreline longitudinal dikes will be created as material is placed along the beach to reduce turbidity and loss of sand placed on the beach; these dikes will be flattened as the project moves down the shore. These are just a fewexamples of how impacts will be minimized. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Impacts to open waters (ocean) are temporary and minor. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website F. Stormwater Management and Diffuse Flow Plan (required by DWR) C^U *** Recent changes to the stormvater rules have required updates to this section .*** 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? r Yes r No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: N/A 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* OYes 0No To lookup low density requirement click here 15A NCAC 02H .1003(2). 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?* r Yes r No r WA - project disturbs < 1 acre Hnt: projects that have vested rights, exemptions, a grandfathering franstate a locally irroerrented stomwater prograns a projects that satisfy state a locally-inplerrented stormvater programs through use of camunity in -lieu programs should answer no to this question. Comments: Although the project impacts more than one acre, and SMP is not applicable. All work will take place on the beachfront With construction of a dune and berm on the shorelines of Surf City and North Topsail Beach. G. Supplementary Information h 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r 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)?* r Yes r No 1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House? (If so, attach a copy of the NEPA or SEPAfinal approval letter.)* r Yes r No Comments:* The Final EIS and Record of Decision or the first contract was completed in 2012; followed by an final EA in 2014. As noted above, a new EA is being prepared to expand the environmental windows for initial construction contracts following the first contract. The new EA is projected to be completed in the Summer of 2020 and will be coordinated through the State Clearinghouse. The completed NEPA documents can be provided, if needed. 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)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The beaches of Surf City and North Topsail Beach are fully developed and the project will not result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r WA 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown What Federal Agency is involved? National Marine Fisheries Service and Bureau of Ocean Energy Mgmt 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEBSLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** r Yes r No Si. 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.?* r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* Existing literature/studies, information obtained through coordination with USFWS, NMFS, EPA, and BOEM; benthic, cultural and hardbottom surveys conducted by contract for the Corps. The USFWS and NMFS biological opinions are too large to upload, but can be provided separately, if needed. Consultation Documentation Upload dick the upload button or drag and drop files here to attach docurrent Species List_ Raleigh Ecological Services Field Office(27Feb).pdf 179.09KB File type must be FCF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No Are there submerged aquatic vegetation (SAV) around the project vicinity?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA EFH Mapper and coordination With NMFS 7. Historic or Prehistoric Cultural Resources (Corps Requirement) O Unknown Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* State Historic Preservation Office coordination 7c. Historic or Prehistoric Information Upload (.lick the upload button or drag and drop files here to attach document SCNT_FEIS_-_SHPO_Concurrence_-_9Feb2010.pdf 142.43KB File trust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: hftps:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The project Will reduce risks associated with flooding from storm surge and other high water events along the shore. 8c. What source(s) did you use to make the floodplain determination?* FEMA floodplain mapping Miscellaneous Comments Although the Section 404 permit box is checked on this form (as required to be able to submit this PCN), the Corps of Engineers is seeking a Section 401 Water Quality Certification, only. Miscellaneous attachments not previously requested. Cick the upload button a drag and drop files here to attach document Borrow Area Acreage Information.pdf 1.45MB Fie must be RFor PM Signature Fl 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:* Keleigh Cristanna Cox Signature * 1wp Date 5/8/2020