20080806 Ver 3_401 Application_20120812

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF: August 17, 2012
Environmental Resources Section
Mr. Chad Coburn
North Carolina Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Dear Mr. Coburn:
MI A'9 7
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RECD AUG 2 0 2012
D
laiif; 4 2012
DENR - WATER QUAL
eNand . A c -- -- ITY
The U.S. Army Corps of Engineers, Wilmington District proposes the deepening of the northern
portion of the Wilmington Harbor's anchorage basin, in the Cape Fear River, New Hanover County,
Wilmington, North Carolina.
The proposed project is a component of the Wilmington Harbor 96 Act. The Wilmington Harbor
96 Act project began in 1999. While originally included in this overall construction, the proposed
deepening component was not completed due to a lack of funding. Funding is presently available. The
proposed deepening was addressed in the June 2012 Environmental Assessment (EA) "Continued
Construction of Authorized Improvements, Wilmington Harbor 96 Act, Wilmington, North Carolina."
This EA was circulated to the public and resource agencies for review and comment in Summer 2012.
Should you require a copy of this EA, please contact Mr. Chuck Wilson, Environmental Resources
Section, at (910) 251 -4746.
In order to ensure that the work can be completed, several different dredging methods will be
allowed in the project solicitation, including potential blasting of rock. A water quality certification for
the blasting is requested and is the purpose of the enclosed Pre - Construction Notification Form and check
in the amount of $240 for the application fee.
If the rock is to be blasted, disposal will occur in either the Wilmington Offshore Fishery
Enhancement Structure, authorized by the North Carolina Division of Water Quality General Water
Quality Certification 3703, or in the Ocean Dredged Material Disposal Site, no water quality certification
required.
Thank you for your attention to this matter. Should you have any questions, please contact
Mr. Chuck Wilson at (910) 251 -4746.
Si ere ,
Philip M Payonk
Chief, Environmental Resources Section
Enclosures

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre- Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
El Section 404 Permit ❑Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 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
[:1401 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
N Yes
❑ No
2.
Project Information
2a.
Name of project:
Wilmington Harbor Anchorage Basin deepening
2b. County:
New Hanover
2c.
Nearest municipality / town:
Wilmington
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 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Regional fed govt entity
4b.
Name:
Colonel Steven A. Baker, District Commander, c/o Mr. Chuck Wilson
4c.
Business name
(if applicable):
U.S. Army Corps of Engineers, Wilmington District
4d.
Street address:
69 Darlington Avenue
4e.
City, state, zip:
Wilmington, NC 28403
4f.
Telephone no.:
910- 251 -4746
4g.
Fax no.:
910- 251 -4744
4h.
Email address:
charles.r.wilson @usace. army. miI
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 12
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):
1 b. Site coordinates (in decimal degrees):
Latitude: 34.2248 Longitude: - 77.9521
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Cape Fear River
proposed project:
2b. Water Quality Classification of nearest receiving water:
SC
2c. River basin:
Cape Fear
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:
Deepening of northern portion of existing Wilmington Harbor anchorage basin from -38 feet to -42 feet. Area is actively
used by commercial shipping, in addition to other water users. Deepening will allow more efficient shipping.
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:
N/A
3d. Explain the purpose of the proposed project:
Deepening existing shipping channel to increase shipping efficiency
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed deepening project was included in a large -scale Wilmington Harbor project, collectively labeled the
Wilmington Harbor 96 Act, the construction of which began in 1999. This portion of the Wilmington Harbor 96 Act was not
constructed due to limited funding. Funding for the deepening is now available and the project will be advertisd to
dredging contractors for bidding. The project allows for rock removal by either cutterhead dredge, blasting, or mechanical
means. The project could be awarded to a contractor who does not propose blasting. However, if blasting is required, a
water quality certification for the blasting will be required and is the purpose of this application.
Disposal of blasted rock will either be in the Wilmington Offshore Fishery Enhancement Structure (WOFES), authorized
by NCDWQ GC 3703, or in the Ocean Dredged Material Disposal Site (ODMDS), no water quality certification required.
The proposed blasting is described in full in the June 2012 Environmental Assessment (EA) "Continued Construction of
Authorized Improvements, Wilmington Harbor 96 Act, Wilmington, North Carolina," circulated to the public and resource
agencies for review and comment in Summer 2012. Should you require a copy of this EA, please contact Mr. Chuck
Wilson.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ®No El 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.
Page 3 of 12
PCN Form —Version 1.3 December 10, 2008 Version

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.
Portions of the large scale project, for which construction began in 1999, was authorized by Water Quality Certification
3085, dated October 17, 1996. This cert was modified on April 10, 2000. The current project has components authorized
by general certs 3700 and 3703, for which the Corps received "blanket" approval on March 14, 2012, and corroborated by
recent telepone conversation with Mr. Chad Coburn. Copies of these authorizations may be obtained by contacting
Mr. Chuck Wilson
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The majority of the project has been completed. The proposed deepening is one of the last components.
Page 4 of 12
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 ❑ PMT
❑ 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
F1 PER
[:1 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
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ®P ❑ T
Cape Fear River
blasting of river bed rock
River
54 acres
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4E Total open water impacts
54 acres
4g. Comments: Rock that is blasted will be subsequently removed and discharged in compliance with previously approved
authorizations.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E 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 6 of 12
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
impact
required?
61 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P [IT
El 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.
Avoidance /minimization through design efforts is described in June 2012 Environmental Assessment "Continued Construction
of Authorized Improvements, Wilmington Harbor 96 Act, Wilmington, North Carolina," circulated to the public and resource
agencies for review and comment in Summer 2012. Should you require a copy of this EA, please contact Mr. Chuck Wilson.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Avoidance /minimization through construction techniques is described in the June 2012 Environmental Assessment "Continued
Construction of Authorized Improvements, Wilmington Harbor 96 Act, Wilmington, North Carolina ", circulated to the public and
resource agencies for review and comment in Summer 2012. Should you require a copy of this EA, please contact Mr. Chuck
Wilson.
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
El Payment to in -lieu fee program
project?
❑ 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 7 of 12
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 12
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?
<1 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: located in he Cape Fear River
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
❑ 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 9 of 12
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.
Page 10 of 12
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
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® 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?
Location and scope of project, USFWS website with species habitat, professional experience with similar projects,
coordination with USFWS
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
FE] Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Coordination with NMFS. EFH Assessment has been completed and coordination with NMFS has concluded
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 professional expertise, past coordination with NC Department of Cultural Resources
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? Definition of floodplain - site located in Cape Fear River
Philp M. Payonk, Chief
Environmental Resources Section
U.S. Army Corps of Engineers
A
4signturi Xan
Wilmington District
69 Darlington Avenue
Date
ant/Agent's Si ature
Wilmington, NC 28403
(Agent's only if authoritation letter from the applicant
is provided.)
Applicant/Agent's Printed Name
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version