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