20080806 Ver 2_401 Application_20120112

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403 1343
REPLY TO
ATTENTION OF December 16 2011
Environmental Resources Section
Mr Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh North Carolina 27699 1650
Dear Mr McMillan
a29c�c�oe��
IAN 2 4 2012
DENR WATER QUALITY
WETLANDS AND STORMWATER BRANCH
• • •
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DENR NAIERLJglli
WETLAKL , Ai ID STOR A % TER R�rh d
By letter dated June 23 2008 the North Carolina Division of Water Quality (DWQ)
provided written approval for the U S Army Corps of Engineers Wilmington District s use of
five General Water Quality Certifications (GCs) for the discharge of dredged material on
previously used disposal sites These GCs included use of ocean front beaches confined upland
disposal facilities unconfined bird nesting islands and waters and open waters adjacent to the
channel being dredged These GCs could be applied to maintenance of federally authorized
coastal navigation channels in North Carolina (DWQ Project # 08 0806)
Enclosed is a completed Pre Construction Notification form requesting a renewal of
written approval for the Corps use of
• GC 3682 bank disposal of dredged material in the Cape Fear River
• GC 3684 control of effluent disposal of dredged material in existing dredge
maintenance sites
• GC 3698 maintenance dredging
• GC 3700 return water from upland contained disposal areas
• GC 3703 disposal of dredged material on ocean beaches
Also enclosed is a check for $570 00, the mayor water quality application fee
Thank you for your assistance in completing this process Should you have any questions
please contact Mr Jeff Richter of my staff at [phone]
Sincerely
Philip Payonk
Chief Environmental Resources Section
Enclosures

•
fa� �: -:ten �H,. "� •
'A
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification PCN Form
A Applicant Information
1
Processing
la
Type(s) of approval sought from the
Corps
El Section 404 Permit ❑Section 10 Permit
lb Specify Nationwide Permit (NWP) number or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corpse
Fo Yes
® No
1d
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 ❑ Ripanan Buffer Authorization
1e
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
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
® Yes
❑ No
1h
is the project located within a NC DCM Area of Environmental Concern (AEC)?
® Yes
❑ No
2
Project Information
2a
Name of project
US Army Corps of Engineers federally maintained navigation channels
2b
County
all coastal NC counties Q _.
2c
Nearest municipality / town
(
2d
Subdivision name
—T
2e
NCDOT only TIP or state
project no
p
g
X011
3
Owner Information �srVF�
r
3a
Name(s) on Recorded Deed
State of North Carolina or 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 1 of 11
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other specify congressionally authorized maintenance
responsibility
4b
Name
US Army Corps of Engineers Wilmington District ATTN Jeff Richter
4c
Business name
(if applicable)
4d
Street address
69 Darlington Avenue
4e
City state zip
Wilmington NC 29403
4f
Telephone no
910 251 4636
4g
Fax no
910 251 -4744
4h
Email address
Jeffrey h richter @usace army mil
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 11
PCN Form — Version 1 3 December 10 2008 Version

B
Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
1b
Site coordinates (in decimal degrees)
Latitude Longitude
(DD DDDDDD) ( DD DDDDDD)
1c
Property size
acres
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
Coastal waters of NC
proposed project
2b
Water Quality Classification of nearest receiving water
2c
River basin
Lumber Cape Fear White Oak Neuse Tar Pamlico
Pasquotank
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
The project involves federally authorized navigation channels and disposal areas In navigation channels in tidal and
non tidal waters shoaling from area sediment movement occurs at varying rates Disposal areas have been used in
past These include ocean front beaches diked (confined) disposal areas unconfined disposal areas toe of bank in the
Cape Fear River and open water disposal areas Depending upon the last use of the disposal area some degradation or
disrepair of certain components may have occurred
3b
List the total estimated acreage of all existing wetlands on the property
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
3d
Explain the purpose of the proposed project
Maintenance of safe navigation in federally authorized and maintained channels
3e
Describe the overall project in detail including the type of equipment to be used
Projects involve maintenance dredging of shoaled sediments with disposal in previously used disposal areas Dredging
equipment used will be commercial hydraulic cutterhead pipeline commercial hopper commerical mechanical (bucket
and barge clamshell etc) commercial suction government owned suction pipeline government owned special purpose
(shallow draft hopper) government owned mechanical and government owned side cast dredges Disposal of dredged
material (locations partially dependent upon grain size of dredged material) include ocean front beaches diked (confined)
disposal areas unconfined disposal areas toe of bank in the Cape Fear River and open water disposal areas All work
performed during established environmental windows unless previously coordinated with state and federal resource
agencies
On each disposal operation measures are taken to minimize increases in turbidities These measures included
controlled release of effluent from disposal areas longitundial dikes increased time for infiltration of effluent increased
retention time of effluent when finer grained materials are dredged discharge of sandy materials in dynamic locations
etc All disposal operations conducted with requirement that discharge not exceed applicable turbidity water
quality
standard
Prior to use and dependent upon state of disrepair of infrequently used disposal areas some maintenance work may be
necessary to restore the area to acceptable conditions This work is confined to the existing footprint of the site
Page 3 of 11
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 /
project (including all prior phases) in the pasty
El Yes ®No El Unknown
Comments
4b If the Corps made the jurisdictional determination what type
❑Preliminary El 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 El Unknown
this project (including all prior phases) in the past
5b If yes explain in detail according to help file instructions
By letter dated June 23 2008 written approval from NCDWQ received for use of GCs 3682 3684 3698 3700 and 3703
No authorization required from US Army Corps of Engineers Regulatory Division (Regulatory does not issue
authorizations for Corps of Engineers projects
NC Div Coastal Management consistency concurrences have been received for all Corps maintenance dredging projects
and corresponding disposal alternatives
6 Future Project Plans
6a Is this a phased protect?
® Yes ❑ No
6b If yes explain
Maintenance dredging conducted on an as needed basis usually no more than once a year but accasionally more
frequently depending on the rate of shoaling that impedes safe navigation
Page 4 of 11
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
1a 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)
Toe of bank
S1 ❑ P ®T
disposal effluent
from confined
® PER
❑ Corps
upland disposal
INT
®DWQ
areas
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
S6 ❑ P ❑ T
❑ PER
[:]Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments Toe of bank disposal while not used frequently is occasionally a disposal method used on the Cape Fear
River Usually quantities are under 10 000 cubic yards at any one dredge event Effluent from confined disposal areas is
Page 5 of 11
PCN Form — Version 1 3 December 10 2008 Version

required to comply with appropriate turbidity water quality standard
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
open water disposal of sandy
dredged material includes
01 ® P ❑ T
control of effluent type disposal
on colonial nesting water bird
islands
02 ❑P ❑T
03 ❑P ❑T
04 ❑ PEI T
4f Total open water impacts
4g Comments Disposal in previously used disposal areas Sandy material has a grain size between 0 0625 mm and 2 0 mm
5 Pond or Lake Construction
If pond 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
of pond
(acres)
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
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k Method of construction
Page 6 of 11
PCN Form — Version 1 3 December 10 2008 Version

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 any 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
im act
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 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
No new dredging Material has been analyzed for grain size Disposal areas have been previously used Compliance with all
authorization conditions
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
No new dredging Material has been analyzed for grain size Disposal areas have been previously used Compliance with all
authorization conditions
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
El bank
2c If yes which mitigation option will be used for this
❑ Payment
prolect'7
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) TType
Quantity
Page 7 of 11
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 8 of 11
PCN Form — Version 1 3 December 10 2008 Version

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes then is a diffuse flow plan included? If no explain why
Comments the majority of the Corps maintenance dredging work does not include
or is not adjacent to either the Neuse or the Tar Pamlico riparian buffers However
a maintenance project on a federally maintained channel with an existing disposal
❑ Yes ® No
located in a riparian buffer could become necessary All effluent will be from
dredged area will have been retained for a period long enough to allow suspended
sediments to settle and will not have any stormwater components
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
<2 %
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan explain why Maintenance dredging and disposal in
previously used disposal areas no development minimal impervious surface at any upland disposal facility
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative 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
apply (check all that apply)
❑ USMP
❑ 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
4a
Which of the following state implemented stormwater management programs apply
El El
El 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
Page 9 of 11
PCN Form — Version 1 3 December 10 2008 Version

5b
Have all of the 401 Unit submittal requirements been met?
El Yes
❑ No
F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
Yes
❑ No
use of public (federal /state) land?
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
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c
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 All federally authorized and maintained channels have been reviewed
pursuant to NEPA
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
additional development which could impact nearby downstream water quality
❑ Yes
®No
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 10 of 11
PCN Form — Version 1 3 December 10 2008 Version

5
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a
Will this project occur in or near an area with federally protected species or
Ye s No
® ❑
habitat?
5b
Have you checked with the USFWS concerning Endangered Species Act
El Yes No
impacts?
Raleigh
❑
5c
If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Previous interagency coordination previous NEPA document preparations
6
Essential Fish Habitat (Corps Requirement)
6a
Will this project occur in or near an area designated as essential fish habitat?
® Yes ❑ No
6b
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Previous interagency coordination previous NEPA document preparations Essential Fish Habitat b
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?
No impacts to cultural resources will occur In house professional archaeologists Previous interagency coordination
previous NEPA document preparations
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?
Philip M Payonk
Chief Environmental R o
es ui cLs
Section
A plicant/Agent s ignature
Date
Applicant,Agent s Printed Name
(Agents signature is valid only if an authorization letter from the applicant
is provided )
Page 1 1 of 11
PCN Form — Version 1 3 December 10 2008 Version

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