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HomeMy WebLinkAbout20190745 Ver 3_401 Application_20201109 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form September 1,2020 Ver 3.2 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20190745 3 Is a payment required for this project?* 6 No payment required ✓ Fee received Reviewing Office* ✓ Fee needed-send electronic notification Wilmington Regional Office-(910)796-7215 Select Project Reviewer* Joanne Steenhuis:eads\jhsteenhuis Information for Initial Review 1a.Name of project: Southport Spoil Site Shoreline Stabilization 2020 1a.Who is the Primary Contact?* Brian Doliber lb.Primary Contact Email:* 1c.Primary Contact Phone:* bcdoliber@ncdot.gov (252)621-6251 Date Submitted 11/9/2020 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 U County(or Counties)where the project is located: Brunswick Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* 6 Yes r No Is this a NCDOT Project?* 6. Yes r No (NCDOT only)T.I.P.or state project number: WBS#(7) DF16616.2170012 1a.Type(s)of approval sought from the Corps: I7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) rJ Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) lb.What type(s)of permit(s)do you wish to seek authorization? I7 Nationwide Permit(NWP) n Regional General Permit(RGP) n Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? s Yes r No Nationwide Permit(NWP)Number: 13-Bank Stabilization NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: 17 401 Water Quality Certification-Regular n 401 Water Quality Certification-Express n Non-404 Jurisdictional General Permit n Riparian Buffer Authorization n Individual Permit le.Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: r Yes 6 No For the record only for Corps Permit: r Yes R No 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 r No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes r No Acceptance Letter Attachment I h.Is the project located in any of NC's twenty coastal counties? ✓ Yes r No 1i.Is the project located within a NC DCM Area of Environmental Concern(AEC)? 6 Yes r No r Unknown 1j.Is the project located in a designated trout watershed? ✓ Yes (7 No B. Applicant Information Id.Who is applying for the permit? n Owner 17 Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes r No 2. Owner Information 2a.Name(s)on recorded deed: North Carolina Department of Transportation 2b.Deed book and page no.: 01147,1145 2c.Responsible party: 2d.Address Street Address 159 Lucinda Lane Address Line 2 Criy State/Province/Region Powells Point NC Postal/Zip code Country 27966 USA 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 Qly Slate/Province/Region Powells Point NC Postal/ZZp 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 U 1. Project Information 1b.Subdivision name: (if appropriate) 1c.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 L7ty 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 used for disposal of dredging material.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?* F Yes r No r Unknown 4c.If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000). SAW-2005-9988983 20190745 Project History Upload DWR Permit 6-27-19.pdf 3.82MB USACE Permit.pdf 795.08KB 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) NC_Kure_Beach_20160621_TM_geo.pdf 21.7MB 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) 20190606_09121109582_84_Soil_Report.pdf 708.28KB 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: 1700 4h.Explain the purpose of the proposed project:* Storm events in 2018 and 2019 damaged the spoil site berm around the perimeter of the site and impacted the shoreline where no rip rap was present.In 2019,we received permits to stabilize the section to the southwest of the existing rip rap to prevent further erosion.However,due to budgetary constraints we were not able to complete the project as planned. In August 2020,Hurricane Isaias caused additional damage to the spoil site southwest of the existing rip rap and also impacted the section to the northwest of existing rip rap.Rather than only stabilize the currently permitted section,we felt it would be prudent to stabilize all sections that have incurred damage during recent storms,so that additional projects are not needed in the future. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The NCDOT Ferry Division is looking to stabilize a 100'section in front of the berm on the eastern side and a 266'section in front of the berm on the northern end of the Southport spoil site.Rip rap already exists along the perimeter of much of the spoil site but these sections being referenced have never been stabilized and significant erosion has occurred as a result of recent storm events.Class 2 rip rap would extend 100'to the southwest from the current rip rap on the eastern side.On the northern end,Class 2 rip rap would extend 189'to the northwest before making a hard turn due west,towards the interior,and extending an additional 77'.The rip rap would be placed on filter fabric,with the toe following the points established on the drawing and confirmed during the pm-construction meeting.The width of the new rip rap would be 20'and the overall length of both new and existing rip rap would be 803'.At no point will the rip rap extend further than 10'waterward from the NHW line.The proposed open water impacts would prevent additional material loss from the spoil site and allow it to stay intact in its current form.Following placement of the rip rap,the section of the berm that has experienced significant erosion would be brought back to its pre-storm profile to match the rest of the spoil site by backfilling with material located on site. b)The 366'of proposed shoreline stabilization would result in 803'of total shoreline stabilized around the spoil site. c)The activity will not exceed an average of one cubic yard per running foot.Rip rap placed below the high water mark will average 0.48 cubic yards per running foot cumulatively. d)Aquatic sites:In order to complete this project as designed,approximately 295 square feet of Spartina alterniflora marsh would need to be impacted.This shoreline is subjected to large fetch and is oriented in predominate strong seasonal wind directions(Southwest and Northeast).Furthermore,large shipping vessels traverse the Cape Fear and substantial wake also impacts the shoreline.Evidence of strong erosive forces are visible in the erosion escarpment in the berm wall where the riprap revetment ends.Therefore,the slope of the berm needs to be maintained in its current location to facilitate a flatter,more stable slope.The riprap revetment with a flatter slope will dissipate wave energy with less toe scour. Extensions of the existing riprap revetment must begin/tie into the existing toe to eliminate the possibility of new erosion undermining the new and older section of riprap revetment. Unfortunately,the fringe of marsh on the northeast corner/end of the existing riprap revetment is not large enough to provide the benefit of wave attenuation that the riprap will provide. The habitat benefits that this small area of marsh provides will be short lived when located seaward of a hardened shoreline in this high wave energy environment. 4j.Please upload project drawings for the proposed project. SOUTHPORT RIPRAP_LS_SSG_201109 11-09-20.pdf 4.53MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No C Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* 6 Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Brad Shaver Agency/Consultant Company: US ACE Other: 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 10/27/2020 5d1.Jurisdictional determination upload 6. Future Project Plans 6a.Is this a phased project?* ✓ Yes n 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? 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 ❑Buffers f7 Open Waters r Pond Construction 4.Open Water Impacts 4a. Site# 4a1.Impact Reason 4b.Impact type 4c.Name of waterbody 4d.Activity type 4e.Waterbodytype 4f.Impact area Southport Spoil Shoreline Stabilization P Cape Fear Stabilization Estuary 0.05 Site 4g.Total temporary open water Impacts: 4g.Total permanent open water impacts: 0.00 0.05 4g.Total open water impacts: 0.05 4h.Comments: Approximately 180 cubic yards of rip rap would be placed below MHVV along the proposed additional 366'of shoreline to be stabilized. 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: The extension of the rip rap was designed to limit its placement to only the area in which damage has occurred and is likely to continue to occur in the future if shoreline stabilization is not performed.Hurricane Isaias proved that what was proposed and permitted in 2019 was too minimal and would not be sufficient to protect against future storms. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All equipment will perform the work while stationed on a stable,benched berm above MI-fW. 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: Land disturbance will be minimal and construction activities will temporary and brief. 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 f• 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 r No 2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)7 a Yes r 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?* a Yes r No lb.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(NEPAISEPA)?* ✓ Yes (cNo Comments:* Modification to an existing 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. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes ( No r 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 r No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes (cNo 5d.Is another Federal agency involved?* ✓ Yes r No r Unknown 5e.Is this a DOT project located within Division's 1-8? a Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Consultation with permitting agencies,limited/brief open water impacts and no major land disturbances to occur Consultation Documentation Upload 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ( Yes r No Are there submerged aquatic vegetation(SAV)around the project vicinity?* ✓ Yes r No F Unknown 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* https://w/mhabitat.noaa.gov/protection/efh/efhmapper/ Familiarity with construction practices involved in shoreline stabilization 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 rNo 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* The land will not be disturbed in a manner that could impact any potential nearby areas that have such designations. 7c.Historic or Prehistoric Information Upload 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes (" No 8b.If yes,explain how project meets FEMArequirements: 8c.What source(s)did you use to make the floodplain determination?* https://msc.fema.gov/portal/search?AddressQuery=southport%2Onc#searchresultsanchor Miscellaneous Comments Miscellaneous attachments not previously requested. DWR Pre-Filing Meeting Request Form.pdf 57.45KB Signature * 17 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: Brian Doliber Signature Wm,DeVa Date 11/9/2020