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HomeMy WebLinkAbout20211203 Ver 1_ePCN Application_20210805 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1,2021 Ver4.1 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?* R Yes r No Change only if needed. BIMS#Assigned* Version#* 20211203 1 Is a payment required for this project?* (7 No payment required ✓ 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 la.Name of project: Red Drum Ocean Outfall No.3 Maintenance 1a.Who is the Primary Contact?* Steve Trowel! 1b.Primary Contact Email:* 1c.Primary Contact Phone:* sjtrowell@ncdot.gov (252)402-4015 Date Submitted 8/5/2021 Nearest Body of Water Atlantic Ocean Basin Pasquotank Water Classification SB Site Coordinates Latitude: Longitude: 35.988825 -75.640773 A. Processing Information County(or Counties)where the project is located: Dare Is this a NCDMS Project ✓ Yes ( No Is this project a public transportation project?* ( Yes r No Is this a NCDOT Project?* ( Yes r No (NCDOT only)T.I.P.or state project number: WBS#(?) 1SP.10281.5 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version Pre-fling Meeting or Request Date 5/26/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document May 26 2021.pdf 41.83KB Pie type nust be FCF 1a.Type(s)of approval sought from the Corps: I7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) fJ Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? fJ Nationwide Permit(NWP) n Regional General Permit(RGP) n Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? G Yes r No Nationwide Permit(NWP)Number: 7-Outfall Structures/Intake NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: 17 401 Water Quality Certification-Regular n 401 Water Quality Certification-Express n Non-404 Jurisdictional General Permit n Riparian Buffer Authorization n 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 6' No For the record only for Corps Permit: r Yes 6 No If.Is this an after-the-fact permit application?* ✓ Yes t: No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes ( No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo lh.Is the project located in any of NC's twenty coastal counties? 6 Yes rNo 1i.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 6. No B. Applicant Information Id.Who is applying for the permit? n Owner 17 Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes 6. No 2.Owner Information 2a.Name(s)on recorded deed: Town of Nags Head 2b.Deed book and page no.: 2c.Contact Person: David Ryan 2d.Address Street Address 2200 Lark Avenue Address Line 2 Oty State/Province/Region Nags Head North Carolina Postal/Zip Cede Country 27959 USA 2e.Telephone Number: 2f.Fax Number: (252)441-1122 2g.Email Address:* David.Ryan@nagsheadnc.gov 3.Applicant Information(if different from owner) 3a.Name: Steve TrowelI 3b.Business Name: NC Department of Transportation NCDOT 3c.Address Street Address 113 Airport Drive Suite 100 Address Line 2 DIY State/Rovince/Region Edenton North Carolina Postal/Zip Code Country 27932 USA 3d.Telephone Number: 3e.Fax Number: (252)482-1876 3f.Email Address:* sjtrowell@ncdot.gov C. Project Information and Prior Project History v 1. Project Information lb.Subdivision name: ('rf apprc xiate) 1c.Nearest municipality/town: Town of Nags Head 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 Oty State/Province/legion Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Atlantic Ocean 3b.Water Resources Classification of nearest receiving water:* SB 3c. What river basin(s)is your project located in?* Pasquotank 3d.Please provide the 12-digit HUC in which the project is located. 030102051404 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 site is on an ocean beach with high pedestrian traffic resulting from the adjacent residential and vacation homes. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* C' Yes C' No 6 Unknown 4f.List the total estimated acreage of all existing wetlands on the property: 4g.List the total estimated linear feet of all existing streams on the property: 4h.Explain the purpose of the proposed project:* Repair damaged pipe collars,reset pipes and secure collars around pipe to maintain drainage between the FNVY 158 bypass and NC 12. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The last 36'to 40'of the outfall pipe exposed on the beach face in the swash zone has been damaged.The stainless bolts that secure the concrete pipe collar around the pipe at a pipe joint have sheared off.The pipe collars are shifting causing the pipes to separate.Failure of the outfall is eminent and the Town of Nags Head is concerned with maintaining optimal drainage with the approaching peak of tropical storm season.An excavator will dig down beside the collar to expose the bottom of the collar so that the damaged bolt can be removed. The pipe joint will be reset and secured with the existing collar and a new bolt.This work should be completed within 2 working days.No equipment or materials will be left on the beach overnight.The Lake drive beach access will be used for access to the beach by heavy equipment and for overnight storage. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* C' Yes F No r Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* C' Preliminary C' Approved C' Not Verified C' Unknown 6' N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a.Is this a phased project?* CYes 6' 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? D. Proposed Impacts Inventory L) 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): [Wetlands f-Streams-tributaries 1 Buffers [Open Waters r Pond Construction E. Impact Justification and Mitigation 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: All work will be undertaken within the existing footprint and will not require installation of a coffer dam for dewatering purposes. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All work will occur during daylight hours during periods of low tide.There will be no enlargement of the existing outfall structure.The work is not expected to take longer than two days.Heavy equipment and materials will not be left on the beach overnight. 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 ( No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 ( No If no,explain why: Pasquotank river Basin does not have a basin wide buffer rule. 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* ✓ Yes r No 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(North Carolina) Environmental Policy Act(NEPAISEPA)?* ✓ Yes ( No Comments:* Activity and impacts covered by Minimum Criteria)Checklist 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 ( No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes rNo 3b.If you answered"no,"provide a short narrative description. No,pipe will not be enlarged or provide increased drainage beyond existing capacity. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes rNor 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?* ✓ Yes rNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes r No 5c.If yes,indicate the USFWS Field Office you have contacted. Raleigh 5d.Is another Federal agency involved?* r Yes G No r Unknown 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? USFWS Raleigh Office 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes rNo Are there submerged aquatic vegetation(SAV)around the project vicinity?* ✓ Yes r No r Unknown 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* National Marine Fisheries Service EFH Map website 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?* CYes rNo 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO properties map website 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes C No 8b.If yes,explain how project meets FEMArequirements: N/A 8c.What source(s)did you use to make the floodplain determination?* NC Floodmaps.com,Zone VE Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review.Documents should be combined into one file when possible,with a Cover Letter,Table of Contents,and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Red Drum OUTFALL#3(5-19-2019).pdf 201.79KB Re_[EXTERNAL]Proposed Repair Ocean Outfall No.3 Nags Head Dare County.pdf 223.19KB USFWS Consultaion 2021.pdf 90.7KB RE_Ocean Outfall Repairs at Curlew,Conch Streets and outfall no.2 Nags Head,Dare County.pdf 220.19KB Re nest be FIT or INK Comments Signature (.) * [7 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: Steve John Trowell Signature (5'/Ao,P7tuteG Date 8/5/2021