20130500 Ver 1_401 Application_20130513

20 1 30500
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTCNTIO% OF
Environmental Resources Section
u [2 @��d� APR 23 2013
Ms. Karen Higgins
NC DWQ, 401 /Wetlands Unit r
1650 Mail Service Center MAY 1 0 2013
Raleigh, North Carolina 27699 -1650
NR - WA U a
Dear Ms. Karen Higgins:
W ands &arch
The purpose of this letter is to apply to the NC Division of Water Quality for a Section 401 water
quality certificate regarding the construction of Section 204 Beneficial use of dredged material Oyster
reefs within Pamlico Sound, Dare County, North Carolina (Figures I and 2). The proposed project
includes construction of an oyster reef by beneficially utilizing dredged material from the Federally
authorized Manteo, Old House Channel Range 2. This proposed project will allow for improvement to '
oyster habitat which has been in historical decline in Pamlico Sound. The State also requested the
USACE (Corps) to investigate opportunities for oyster restoration in the Pamlico system, indicating a
willingness and financial capability to execute a project partnership agreement (PPA) should a detailed
project report be approved. This project would contribute to the State's oyster restoration goals in the
northern Pamlico Sound in conjunction with the Corp's operational dredging and disposal needs for Old
House Channel (Range 2).
The center of the Study Area is approximately 4.5 miles southwest of Oregon Inlet. Range 2 of Old
House Channel runs through the middle of this area. The County impacted is Dare County, NC. The
larger surrounding vicinity is Pamlico Sound, NC. A geographic representation of the Study Area within
the larger area of the Sound is shown in Figures I and 2.
The area proposed for reef development is existing sandy estuarine bottom. Existing deep water sandy
bottoms lack suitable cultch and cannot support oyster reefs without the addition of structure and cuitch.
The existing absence of shell bottom and sandy bottom sediment in the project foot print has been
confirmed by side scan survey and sediment analysis. No plans exist to build reefs in this area. Existing
sandy soft bottom habitats are currently remote (beyond 100m) to reef structure and currently do not
function as a reef and soft bottom complex. The sites lack hard structure and are subjected to reoccurring
impacts to benthic resources from trawling. These bottoms currently have no potential to establish reef
habitat without the proposed project.
Three submerged oyster reefs would be constructed within close proximity of each other,
approximately 1.7 miles from Old House Channel (Range 2). Stone sills made of NCDOT Class 2 armor
stone (9 " -23 ") would be constructed to create three 5.07 acre containment areas for dredged material.
The three 5.07 acre containment areas would contain a total of approximately 135,000 cubic yards of
dredged material. The three separate containment areas would be constructed in close proximity of each
other with spacing of approximately 100 yards. The core portion of the containment structures would be
constructed of NCDOT Class B Stone (5 " -12 "). Reefs would be constructed during a regularly scheduled
maintenance dredging cycle for the navigation channels. Dredged material from maintenance dredging of
the federal navigation channel would be pumped into the containment areas and would, most likely,
utilize a hydraulic pipeline dredge. However, other dredges could be used. The dredged material would
1�

-2-
be covered with NCDOT Class A stone and oyster shell to provide habitat for establishment of oysters.
Approximately 18 acres of new oyster reef habitat would be created, as well as enhanced service area
associated with the reefs. The construction of the preferred oyster reef alternative would be a one -time
event under the Section 204 Authority. However, this project could serve as a pilot for future oyster
restoration efforts in conjunction with dredging operations.
Work would not be conducted outside of the current established dredging windows.
Attached are 5 copies of the Section 401 water quality certification application and I Copy of the Draft
Report and Environmental Assessment for the proposed Section 204 Beneficial Use of Dredged Material
project described above.
If you have any questions, contact Jessica Mallindine of my staff at 910 - 251 -4543
Sincer
Elden atwood, Chief
Planning and Environmental Branch
Enclosures: 5 copies of the Section 401
water quality certification application and EA.
Copy Furnished:
Mr. Chad Coburn
Assistant
DENR - Division of Water Quality
Wilmington Regional Office (WiRO)
127 Cardinal Drive Extension
Wilmington, NC 28405

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Form Version 1 3 Dec 10 2008
Pre- Construction Notification PCN Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps
®Section 404 Permit ®Section 10 Permit
lb Specify Nationwide Permit (NWP) number: n/a or General Permit (GP) number: n/a
1c Has the NWP or GP number been verified by the Corps?
❑ 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 ❑ Riparian Buffer Authorization
le. 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:
Manteo, Old House Channel, NC Section 204 Beneficial Use of Dreged Material Project
2b. County:
Dare
2c. Nearest municipality / town.
Manteo, NC
2d. Subdivision name:
n/a
2e NCDOT only, T.I.P. or state
project no,
Fn/a
3. Owner Information
3a Name(s) on Recorded Deed:
NA
3b Deed Book and Page No.
3c Responsible Party (for LLC if
applicable)
3d. Street address:
3e. City, state, zip:
3f Telephone no.'
IVJAY
3g. Fax no..
3h Email address.
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
0 2013

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other, specify U S. Army Corps of Engineers
4b
Name
Philip M Payonk
4c
Business name
(if applicable)
U S Army Corps of Engineers
4d
Street address.
69 Darlington Avenue
4e
City, state, zip:
Wilmington, NC 28403
4f
Telephone no
Philip Payonk 910- 251 -4589
4g
Fax no
Philip Payonk 910 - 251 -4744
4h. Email address.
Philip.M. Payonk@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)
NA
Latitude. 35.441925 Longitude -
1 b Site coordinates (in decimal degrees)
75 383086
(DD DDDDDD) ( -DD DDDDDD)
1c Property size*
18 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc ) to
Pamlico Sound
proposed project.
2b. Water Quality Classification of nearest receiving water.
SA
2c River basin.
Pasquotank, Chowan, Roanoke, Tar - Pamlico, Neuse,
and White Oak
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 area is existing sandy estuarine bottom Existing deep water sandy bottoms lack suitable cultch and cannot
support oyster reefs without the addition of structure and cultch The existing absence of shell bottom and sandy bottom
sediment in the project foot print has been confirmed by side scan survey and sediment analysis No plans exist to build
reefs in this area. Existing sandy soft bottom habitats are currently remote (beyond 100m) to reef structure and currently
do not function as a reef and soft bottom complex The sites lack hard structure and are subjected to reoccurring impacts
to benthic resources from trawling These bottoms currently have no potential to establish reef habitat without the
proposed project as they are located in waters too deep to normally support oyster development. The placement of
material will elevate the bottom to a more appropriate oyster depth and topped with materials that will further facilitate
oyster development.
3b List the total estimated acreage of all existing wetlands on the property:
No vegetated wetlands
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
No intermittent or perennial streams
3d. Explain the purpose of the proposed project
The goal of the Manteo, Old House Channel, NC Section 204 study is to improve oyster reef habitat that has been in
historical decline in Pamlico Sound, through the beneficial use of dredged material from Old House Channel to raise
existing sandy bottoms to a depth more suitable for oyster development. This project would contribute to the State's
oyster restoration goals in the northern Pamlico Sound in conjunction with the Corp's operational dredging and disposal
needs for Old House Channel (Range 2).
3e. Describe the overall project in detail, including the type of equipment to be used.
The proposed project (oyster reef construction) involves use of dredged material from maintenance dredging of Old
House Channel to build submerged sand islands to be topped with cultch for oyster reef restoration. Containment of sand
for the submerged islands would be accomplished using stone sills and is composed of three stone containment
structures, each enclosing a 5.07 -acre reef
Three submerged oyster reefs would be constructed within close proximity of each other, approximately 1.7 miles from
Old House Channel (Range 2) Stone sills made of NCDOT Class 2 armor stone (9 " -23 ") would be constructed to create
three 5.07 acre containment areas for dredged material The three 5.07 acre containment areas would contain a total of
approximately 135,000 cubic yards of dredged material. The three separate containment areas would be constructed in
close proximity of each other with spacing of approximately 100 yards. The core portion of the containment sills would be
constructed of NCDOT Class B Stone (5 " -12 "). Reefs would be constructed during a regularly scheduled maintenance
dredging cycle for the navigation channels. Dredged material from maintenance dredging of the federal navigation
channel would be pumped into the containment areas and would, most likely, utilize a hydraulic pipeline dredge.
However, other dredges could be used. The dredged material would be covered with NCDOT Class A stone and oyster
shell to provide habitat for establishment of oysters. Approximately 18 acres of new oyster reef habitat would be created,
as well as enhanced service area associated with the reefs.
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 1
project (including all prior phases) in the pasty
Comments
El Yes ®No El Unknown
4b
If the Corps made the jurisdictional determination, what type
of determination was made
❑ preliminary ❑ Final
4c
If yes, who delineated the jurisdictional areas?
Name (if known)
Agency /Consultant Company
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
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a
Is this a phased project?
❑ Yes ® No
6b. If yes, explain
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
W1 ❑ P [IT
❑ 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)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
I ❑ 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 11
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
Pamlico Sound
rock and sediment placement
into open water
Sound
18
02 ❑P ❑T
03 ❑ PEI T
04 ❑P ❑T
4f. Total open water impacts
18
4g Comments.
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
R 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 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
❑ Yes
❑ No
B3 ❑P ❑T
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
Placement of the oyster reef was specifically designed to avoid existing submerged aquatic vegetation and shell bottoms
while reducing the sediment loads received on the nearby bird islands which are currently exceeding their sand capacity.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Work will be conducted during periods of low biological activity within the established environmental windows. Rock placed in
the sound to aid in construction of the oyster habitat will be clean and contaminant free (no sediment). Work is to benefically
support and facilitate oyster growth in an area historically conducive to oyster establishment.
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 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- npanan 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
la 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 E] No
Comments,
2. Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
0%
2b Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c If this project DOES NOT require a Stormwater Management Plan, explain why There will be no upland development
There is 0% impervious area associated with this project
2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
n/a
❑ Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWO 401 Unit
3. Certified Local Government Stormwater Review
3a In which local government's jurisdiction is this project?
n/a
❑ 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
❑ HOW
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 11
PCN Form — Version 1 3 December 10, 2008 Version

F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
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)?
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 ED No
Comments- The Detailed Project Report and EA has been provided to the state
clearing house
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.
n/a
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

S. 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?
5c If yes, indicate the USFWS Field Office you have contacted
® Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS and NMFS websites and coordination See attached report for details
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
10 Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
EFH is being circulated in conjunction with circulation of the Draft report and Environmental Assessment. See attached
report for details. Fritz Rohde of NMFS (252- 838 - 0828).
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?
John Mayer of USACE (910- 251 -4696) in coordination with the North Carolina State Historic Preservation Office. See
attached report for details
B. 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 Resources
�\
K'D'ail
plicant/Age is Signature
te
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided )
Page 1 I of 11
PCN Form — Version 1 3 December 10, 2008 Version