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HomeMy WebLinkAbout20170056 Ver 2_ePCN Application_20210514 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form April 4,2021 Ver 4 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?* G Yes r No Change only if needed. BIMS#Assigned* Version#* 20170056 2 Is a payment required for this project?* ✓ No payment required G Fee received Reviewing Office* ✓ Fee needed-send electronic notification Washington Regional Office-(252)946-6481 Select Project Reviewer* Garcy Ward:eads\gpward Information for Initial Review 1a.Name of project: Stumpy Point Maintenance Dredging 2021 1a.Who is the Primary Contact?* Brian Doliber lb.Primary Contact Email:* 1c.Primary Contact Phone:* bcdoliber@ncdot.gov (252)621-6251 Date Submitted 5/14/2021 Nearest Body of Water Stumpy Point Bay/Pamlico Sound Basin Tar-Pamlico Water Classification Stumpy Point Bay/Pamlico Sound Site Coordinates Latitude: Longitude: 35.698348821 -75.770459741 A. Processing Information U County(or Counties)where the project is located: Dare 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#(?) 16.71001 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version 20170056 2 Pre-fling Meeting or Request Date 4/14/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document DWR Pre-Filing Meeting Request Form.pdf 54.97KB Pie type crust be FCF 1a.Type(s)of approval sought from the Corps: r Section 404 Permit(wetlands,streams and waters,Clean Water Act) (7 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) r Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? c Yes r No Nationwide Permit(NWP)Number: 35-Maintenance Dredging Existing Basins(Sect 10 Only) NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: fJ 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r 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: r Yes r No For the record only for Corps Permit: r Yes 6 No lf.Is this an after-the-fact permit application?* ✓ Yes f No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes a No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment I h.Is the project located in any of NC's twenty coastal counties? t: Yes r No li.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 allo B. Applicant Information Id.Who is applying for the permit? rJ Owner r 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: NC DOT Ferry Division 2b.Deed book and page no.: NA 2c.Contact Person: 2d.Address Street Address 159 Lucinda Lane Address Line 2 CRY State/Province/legion Powells Point NC Postal/Zip Code Country 27966 USA 2e.Telephone Number: 2f.Fax Number: (252)621-6251 2g.Email Address:* bcdoliber@ncdot.gov C. Project Information and Prior Project History C^U 1. Project Information lb.Subdivision name: (if apprgxiate) 1c.Nearest municipality/town: Stumpy Point 2. Project Identification 2a.Property Identification Number: 2b.Property size: 024005002 5.55 2c.Project Address Street Address 100 Log Storage Road Address Line 2 Criy State/Province/legion Manns Harbor NC Postal/Zip Code Country 27953 USA 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Stumpy Point Bay/Pamlico Sound 3b.Water Resources Classification of nearest receiving water:* Stumpy Point Bay/Pamlico Sound 3c. What river basin(s)is your project located in?* Tar-Pamlico 3d.Please provide the 12-digit HUC in which the project is located. 030102051504 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 Stumpy Point Emergency Ferry Terminal is used by the NC DOT Ferry Division when NC 12 is rendered inaccessible by hurricanes or other storm events for a prolonged period of time.Ramps and gantries,docks for the tie up slips and shore power receptacles are located on the property.No other development is located within the property limits.Vegetation consists of low lying shrubbery and trees. The basin itself is located within the Stumpy Point Bay. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* 6' Yes r No C Unknown If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000). SAW-2006-41252-128 20170056 Project History Upload 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) 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) NRCS Soil Survey Map Descrip.pdf 83.58KB 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:* The North Carolina Department of Transportation(NCDOT)Ferry Division is requesting authorization to dredge the Stumpy Point ferry basin within the moratorium period of February 15-October 31,2021.Recent surveys at the Stumpy Point Emergency Ferry Terminal indicated significant shoaling has occurred around the ramp and tie-up slips.The NC DOT's 75' tugboat,Wanchese,was utilized to make a test run in early April 2021.It was able to get through the channel but could not quite make it to the ramp or into the slips.The worst of the shoaling has occurred near the shoreline and this is where the proposed dredging event would take place. The NC DOT Ferry Division has deemed it necessary to request moratorium relief for this project because of the emergency terminal's critical role in protecting the health and safety of those on Hatteras Island during hurricane season.Waiting for the moratorium to expire at the end of October would render the terminal inaccessible during the months where the likelihood of it being needed is the highest.The actual dredging will only last approximately 3 weeks,and we expect the work to take place sometime between mid-June and early August. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* Due to the near-shore location of the shoaling,and the NC DOT's pipeline dredge Manteo being at the Shipyard for maintenance this summer,the work would be contracted out to a company that would utilize a barge and excavator to remove the material.The area would be excavated to the 10'permitted depth with a 3:1 slope on the sides.Immediately following excavation,the material would be placed on a barge.From there it would be unloaded from the barge at the ferry terminal to the most upland location along the shoreline.It would be left there,with a silt fence constructed around it,until it dried out.It would then be transferred via dump truck to the USFWS-owned Stumpy Point Upland Disposal Cell on Alligator River NWR.A Special Use Permit would be obtained from the FWS prior to any work taking place. No dimensional changes to the previously authorized dredging area are proposed related to the requested dredging.The approximately 1,500 cubic yards of material that needs to be removed from the basin to meet channel design and ensure safe navigation will be placed in the disposal cell by the contractor.NC DOT Ferry will have staff periodically monitoring the site.The attached location map displays the limits of the event,and the severity of the shoaling is evidenced by the attached survey. A project description and requests for moratorium relief were sent to the NMFS,NC DMF,US FWS and NC WRC,and their responses have been included with this letter.As directed by the US FWS,the Guidelines for Avoiding Impacts to the West Indian Manatee will be implemented and adhered to by the contractor for the entirety of the project. 4j.Please upload project drawings for the proposed project. Stumpy Point Dredging 21 Location Map.pdf 1.7MB STUMPYPOINT_LS_SSG_03-09-2021.pdf 13.57MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes G No 17 Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved r Not Verified r Unknown F' N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Agency/Consultant Company: Other: 5d1.Jurisdictional determination upload 6. Future Project Plans 6a.Is this a phased project?* ✓ Yes a 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? No 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 I7 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.Waterbody type 4f.Impact area Stumpy Point Remove material from P Pamlico Sound Dredging Sound 0.30 Basin basin/channel bottom 4g.Total temporary open water Impacts: 4g.Total permanent open water impacts: 0.00 0.30 4g.Total open water impacts: 0.30 4h.Comments: Only the area shown in the attached map will be impacted by this dredging event.All 1,500 cubic yards of material will be removed in the area directly adjacent to the ferry ramps and slips. LE. Impact Justification and Mitigation 1.Avoidance and Minimization la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Procedures and data from previous dredging events within the same channel will be utilized to ensure no impacts occur outside of the project area. 1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Continual monitoring of excavation depth and location will be performed to ensure that the basin remains in compliance with it's permitted design. 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 6 No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: Reoccurring dredge event within a permitted channel F. Stormwater Management and Diffuse Flow Plan (required by DWR) L) 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 0' No If no,explain why: Open water project 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes 6. No 2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)? 6 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?* 6 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)?* ✓ Yes 6. No Comments:* Established ferry basin with current permits 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 n No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes r No 3b.If you answered"no,"provide a short narrative description. Dredging project 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes t= 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?* 6 Yes rNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* 6 Yes r No 5c.If yes,indicate the USFWS Field Office you have contacted. Raleigh 5d.Is another Federal agency involved?* 6 Yes r No r Unknown What Federal Agency is involved? US FWS 5e.Is this a DOT project located within Division's 1-8? ✓ Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Past projects in the area 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?* 6 Yes rNo Are there submerged aquatic vegetation(SAV)around the project vicinity?* ✓ Yes f No r Unknown 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Visual observation of the existing,permitted ferry basin 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 f• No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* The basin and channel have been dredged repeatedly in the last event being completed in 2018 7c.Historic or Prehistoric Information Upload 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* (' Yes rNo 8b.If yes,explain how project meets FEMA requirements: Open water 8c.What source(s)did you use to make the floodplain determination?* Open water Miscellaneous Comments Resource agency responses attached below Miscellaneous attachments not previously requested. NC DMF Moratorium Relief Response 4-16-21.pdf 378.93KB NC WRC Response 4-21-21.pdf 225.04KB NMFS Response 04-26-21.pdf 287.65KB US FWS Concurrence Letter.pdf 169.69KB US FWS Response 04-15-21.pdf 301.76KB Lsignature U ®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 e Date 5/14/2021