19951268 Ver 3_ePCN Application_20211115

Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
0 Yes 0 No
Change only if needed.
BIMS # Assigned* Version# *
19951268 3
Is a payment required for this project?*
J No payment required
0 Fee received
;' Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
What amout is owed?*
G $240.00
0 $570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
la. Name of project:
Deep Point Marina CAMA 91-96 Second Spoil Basin
la. Who is the Primary Contact?*
Charles A. Paul, III
1b. Primary Contact Email:*
[e-mail]
Date Submitted
11/15/2021
Nearest Body of Water
Cape Fear River
Basin
Cape Fear
Water Classification
SC
Site Coordinates
Latitude:
33.929078
A. Processing Information
Longitude:
-77.998375
lc. Primary Contact Phone:*
[phone]
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
0)Yes INo
Is this project a public transportation project?*
0 Yes 0 No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
0 Yes 0 No

ID# Version
Pre -fling Meeting or Request Date
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
File type must be PDF
la. Type(s) of approval sought from the Corps:
ii Section 404 Permit (wetlands, streams and waters, Clean Water Act)
El Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
O Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
OYes 0No
Nationwide Permit (NWP) Number:
16 - Return Water from Upland
NWP Numbers (for multiple NWPS):
Note: DWR has assigned this project #19951268v3 and USAGE has assigned project action id #1996-02657
Id. Type(s) of approval sought from the DWR:
O 401 Water Quality Certification - Regular
O Non-404 Jurisdictional General Permit
O Individual 401 Water Quality Certification
0 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: 0 Yes OO No
For the record only for Corps Permit: 0 Yes OO No
tf. Is this an after -the -fact permit application?*
O Yes O No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
0 Yes O No
lh. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
0 Yes
OO No 0 Unknown
1j. Is the project located in a designated trout watershed?
0 Yes ® No
B. Applicant Information
1d. Who is applying for the permit?
O Owner 0 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
Bald Head Island Limited, LLC
2b. Deed book and page no.:
DB 010803 DP 0879

2c. Contact Person:
Charles A. Paul, III
2d. Address
Street Address
P.O. Box 3069
Address Line 2
City
Bald Head Island
Postal / Zip Code
28403
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Bruce Marek, P.E.
4b. Business Name:
Bruce Marek, P.E.
4c. Address
Street Address
5489 Eastwind Rd
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
lb. Subdivision name:
(if appropriate)
Deep Point Marina
lc. Nearest municipality / town:
Southport
2. Project Identification
2a. Property Identification Number:
PID 2380000301
2c. Project Address
Street Address
1299 Ferry Road
Address Line 2
City
Southport
Postal / Zip Code
28461
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Cape Fear River
3b. Water Resources Classification of nearest receiving water: *
SC
2b. Property size:
18.93 acres
State / Province / Region
NC
Country
USA

3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUG in which the project is located.
0303000508
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: *
Bald Head Island Limited LLC purchased the 171.8 acre parcel of land in 1996 from Pfizer Corporation, bounded by Ferry Road to the somewhat north, Moore Street (Southport) to the
somewhat west, The NCDOT Ferry Terminal to the somewhat east, and the Cape Fear River to the South, for the specific purpose of a new ferry terminal and 3000 plus space parking
facility. Originaly submitted as the Pfizer Tract, it was later named Deep Point Marina, from the historical Deep Water Point on navigation charts.
Portios to the east were sold top the NCDOT for their Spoil Basin needs, and to the west to Blue -Green Corporation for a residential Subdivision, n/f The Landings. The existing Spoil
Basin to the east side of the site, now at committed capacity, had been relocated to the current location from a site closer to the initial marina basin construction. This proposed Second
Spoil Basin is to the west side of the site, where an 120 room future hotel and parking lot has long been planned. Immediate dredge needs for the marina/ferry dockage area and entrance
channel are approaching 30,000 cu yds. It will take a few cycles to accomplish this dredge needs, & then Second Basin will be returned/graded for the hotel.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
O Yes 0 No 0 Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2008-2425 ; There is probably one earlier one for the start of the marina basin construction in appx 1999.
There is a prior DWR Water Certification for the site.
Note: Traditional Address for Deep Point Marina is 1301 Ferry Rd. Recent Subdivision has Tract 1 = Entry as 1299 Ferry Rd.
4f. List the total estimated acreage of all existing wetlands on the property:
Appx 5.5 Acres on the 18.93 Acre Tract 1. More on 2008 76.93 ac site
4g. List the total estimated linear feet of all existing streams on the property:
Appx 742 If on Tract 1, which ends at the marina entrance channel
4h. Explain the purpose of the proposed project:*
Deep Point Marina, Southport, NC is the mainland ferry terminal facility for the Bald Head Island Ferry and recreational marina. It is currently in need of dredging, and the existing CAMA
Permit site required Spoil Basin is at committed capacity. Sediment and Erosion Control Permit BRUNS-2017-049 has been revised/approved on 8-19-21 for this proposed project of a
Second(ary) Spoil Basin to the west side of the Marina site. An NCG01 Construction Stormwater permit has also been received. A minor mod request was submitted for CAMA 91-96 for
this project on 8-20-21. Nearby wetlands, previously delineated in 1995 & 2008 were reflagged by Land Management Group and submitted for a new JD to COE on 9-19-21. Site is already
approved for discharge of Spoil Basin Discharge Water. This second location is not intended to be a concurrent discharge, but an altemate, until additional capacity is available in the
existing/much larger, main spoil basin at the NCDOT end of the Deep Point Site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Construction of an upland secondary spoil basin on the Deep Point Marina/Bald Head Ferry Mainland Terminal Site. There are nearby wetlands, but the design of the spoil basin is such
that the toe of the sand berm is appx 5' upland of the sediment and erosion fence, which is upland of the nearby wetlands. Part of the spoil basin is in fact upland of an existing stormwater
infiltration basin, and some of the areas bordering the spoil basin have the nearby property line, which we have kept the sediment fence at least 15' off of. The inside of the spoil basin, with
outside side slopes of 2H:1V, a 10' top flat and 1.5H:1V side slopes contain the spoil even further away from the wetland. Minimal impacts to the site are expected, and the dredge spoil
water would be the same as if it was dredged to the main spoil basin at the other end of the site. Discharge water location for the Second(ary) spoil basin is appx 1/4 mile downstream of
the long permitted main (1) spoil basin. Backhoes will be used to construct the berms. Dredging will be by hydraulic dredge. Outflow of spoil water will be thru outlet control structure and
dredger pipe back to the Cape Fear River.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
®Yes No
Comments:
Have Been Submitted by Land Management Group
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
0 Preliminary 0 Approved ® Not Verified 0 Unknown O 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
Christian Presiosci/Lauren Orzechowski
Land Management Group
6a. Is this a phased project?*
O Yes 0 No
0 Unknown
6b. If yes, explain.
Deep Point Marina, CAMA 91-96, has long been a phased project. From initial marina construction; barge landing construction; parking; ferry terminal; and recreational marina docks &
harbor master office/pool; warehouse; & marine maintenance facility have already been constructed. An administration building, several outbuildings, additional parking, a marina
restaurant and hotel are still part of the overall CAMA 91-96 permit.
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?
Non anticipated

D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
O Wetlands
0 Open Waters
3. Stream Impacts
I✓'. Streams -tributaries
i0 Pond Construction
0 Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
S1
Dredge Spoil Water
Temporary
Other
Cape Fear River
Perennial
Both
5,200
Average (feet)
25
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
25
3j. Comments:
Site already authorized/required for Spoil Basin and maintenance dredging per CAMA 91-96
E. Impact Justification and Mitigation
3i. Total temporary stream impacts:
25
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Bald Head Island Limited LLC has long practiced avoidance and minimization in its many Coastal Permitted Projects. This Secondary Spoil Basin is
proposed to same construction methods as existing.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Spoil Basin will hhave an outlet control structure which allows spoil water to settle solids before returning clear water back to the Cape Fear River.
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?
O Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Site is Required per CAMA 91-96 to have on site spoil basin(s).
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 O No
If no, explain why:
Engineering standards/long standing practice is to return dredge spoil water from marina back to surrounding water body, after settling out silts/spoil into a spoil basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
0 Yes 0 No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
OYes 0No
Comments:
No new impervious is intended with this project. Additionally, the site is permitted for a future hotel/parking lot, thus indicating that this second(ary) spoil basin is temporary in nature.
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?*
Yes • No
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 • No
3b. If you answered "no," provide a short narrative description.
Site is already permitted per CAMA 91-96 to do maintenance dredging to an onsite spoil basin. This is not an additional impact, just a second discharge
pipe location.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
0Yes ®No0N/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 No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes • No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
0Yes CNo
No • Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
0Yes £No
5g. Does this project involve bridge maintenance or removal?
0Yes ®No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0 Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
0Yes ®No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
CAMA Permit already indicates potential Manatee presence
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes • No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
SC waters
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 • No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Original CAMA 91-96 Permit application required archeological investigation.
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:
No permanent construction intended. Higher elevations of berm are in X-Zone.

Sc. What source(s) did you use to make the floodplain determination?*
Survey Plat
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
File must be PDF or KMZ
Comments
Signature
El 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:
Bruce J Marek, P.E.
Signature
Wit'
Date
11/15/2021