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HomeMy WebLinkAbout20131303 Ver 1_401 Application_20131213P ULM APPLIED TECHIdOLOGY & MANAGEMENT ■ Vito P O BOX 20336 CHARLESTON, SC 29413 -0336 TEL 843 -414 -1040 FAX 843 -414 -0155 www app6edtm com NC DWQ, WBSCP Unit Attn Ms Karen Higgins 1650 Mail Service Center Raleigh, NC 27609 -1650 2p 1 3 1 30 3 I l December 16, 2013 RE Pre - Construction Notification for Lockwood Folly Inlet AIWW Crossing Project Dear Ms Higgins, Please find the enclosed Pre - Construction Notification (PCN) for a proposed navigation channel dredging and beach fill placement project This PCN was verified by Mr Dave Timpy at the USACE and then submitted to the USACE Mr Timpy has received input from both USFWS and NMFS Mr Chad Coburn (Senior Environmental Specialist) has been our primary DWR/DWQ contact for similar Holden Beach permitting projects in the past Brief proiect summary During early 2014, the USACE plans to dredge the Lockwoods Folly Inlet/AIWW Crossing (LWFIX) with a 50 -foot bend winder and to place the beach compatible dredged material on Holden Beach The USACE typically performs this project every 2 to 3 years, depending on shoaling and funding Most recently in 2010 the USACE used a 400 -foot bend widener and placed 150,000 cy of sand The USACE does not have the funds available this year to include the 400 -foot bend widener, however the sand volume is there The Town of Holden Beach proposes to use its own funds to expand the bend widener to 400 feet so more material (up to 100,000 cubic yards more) can be placed on the beach Note that the 400 -foot bend widener is still within authorized federal project footprint The Town's "piggybacking" of the USACE project maximizes sand placement while minimizing costs by making use of the dredge already on site for the federal project If you have any questions or comments, please contact me at fway(ED-appliedtm com or 843- 414 -1040 The Town of Holden Beach is also in coordination with Mr Tom Reeder and Mr Darren England of DWR regarding this project Thanks, D ��Lg OW19 DEC 1 3 2013 Fran Way, P E I _ _._ Enclosures 1 check for $570, 5 copies of the PCN Coastal, Environmental, Marine, and Water Resources Engineering W AT��F9OG O Niii� < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form – Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑X Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 2878 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): fl 401 Water Quality Certification – Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification – Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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 Q No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. NX Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑X Yes ❑ No 2. Project Information 2a. Name of project: Lockwoods Folly AIWW Inlet Crossing (LWFIX) Dredging and Beach Fill 2b. County: Brunswick 2c. Nearest municipality / town: Holden Beach 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information — 3a. Name(s) on Recorded Deed: Town of Holden Beach D 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): David Hewett, Town Manager DE, ' t v 3d. Street address: 110 Rothschild Street C t� - WA ALITY 3e. City, state, zip: Holden Beach, NC, 28462 3f. Telephone no.: 910 - 842 -6488 3g. Fax no.: 910 - 842 -9315 3h. Email address: david.hewett @hbtownhall.com Page 1 of 10 PCN Form – Version 1.4 January 2009 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name Fran Way 5b Business name (if applicable) Applied Technology & Management 5c Street address 941 Houston Northcutt Blvd, Suite 201 5d City, state, zip Mount Pleasant, SC, 29464 5e Telephone no 843 - 414 -1040 5f Fax no 843 - 414 -0155 5g Email address fway @appliedtm com Page 2 of 10 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) N/A - Lockwoods Folly AIWW Inlet Crossing (LWFIX) 1 b Site coordinates (in decimal degrees) Latitude 33 920108 Longitude 78 236725 1c Property size 7 acres 2 Surface Waters 2a Name of nearest body of water to proposed project Lockwoods Folly AIWW Inlet Crossing 2b Water Quality Classification of nearest receiving water SA, HQW 2c River basin Lumber 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 LWFIX is a part of the Atlantic Intra - Coastal Waterway (AIWW) and intersects with Lockwoods Folly Inlet Dredging will take place in the LWFIX and will "piggyback" the USACE project here Placement of the beach compatible material will be along the eastern Holden Beach shoreline The USACE project is limited due to funding, not volume Holden Beach would like to maximize volume placement 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 3d Explain the purpose of the proposed project To "piggyback" the permitted and scheduled USAGE LWFIX maintenance project in order to maximize placement of beach compatible material 3e Describe the overall project in detail, including the type of equipment to be used Dredging of the LWFIX and placement of material along the eastern Holden Beach shoreline Hydraulic dredging with pipeline will occur 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ro ect includin all rior hases in the ast? ❑ Yes ❑ No ❑X Unknown Comments The AIWW is navigable and maintained by USAGE 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 The USACE has been conducting this project (LWFIX dredging and beach placement on eastern HB shoreline) approximately every 2 years 6 Future Project Plans 6a Is this a phased project? ❑ Yes ❑X No 6b If yes, explain Page 3 of 10 PCN Form — Version 14 January 2009 C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams —tributaries ❑ Buffers Q 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 Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 Choose one Choose one Yes /No - W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes /No W6 Choose one Choose one Yes /No 2g Total Wetland Impacts 2h Comments THE LWFIX material is subtidal sand 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 Stream Impact number Permanent (P) or Temporary (T) 3b Type of Impact 3c Stream name 3d Perennial (PER) or Intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h Total stream and tributary Impacts 31 Comments Page 4 of 10 PCN Form — Version 14 January 2009 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 indivi ually 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 T LWFIX Dredging Estuary 7 O2 T Atlantic Ocean along Holden Beach Fill Ocean 20 03 Choose one Choose 04 Choose one Choose 4f Total open water impacts 27 4g Comments Beach compatible material will a dredged frorn LVVF1X and placed on eastern Holden 13each shoreline is es ima e a e een 50,000 cy and 100,000 cy of material will be placed (depending on future sedimentation) along -2,000 to -4,000 ft of shoreline 5 Pond or Lake Construction If pond or lake construction proposed, the 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 P1 Choose one P2 Choose one 5f Total 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 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 miticiation. then vou MUST fill out Section D of this form 6a Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for Impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet 61 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h Total Buffer Impacts 61 Comments Page 5 of 10 D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Project design was developed by the USACE The project will occur in the standard winter /spring dredging window lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The applicant will adopt all best management practices that the USACE has implemented for this project The protect will clearly delineate sensitive areas including dune vegetation for avoidance 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 ❑X No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 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 Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian 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 Page 6 of 10 PCN Form — Version 1 4 January 2009 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 ❑X 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 7 of 10 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q 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 ❑ No 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 ❑x No 2c If this project DOES NOT require a Stormwater Management Plan, explain why The project area is open water and active beach 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Town of Holden Beach ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other n/a 3c Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4 DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) ❑Session Law 2006 -246 ❑Other n/a 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 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 8 of 10 PCN Form — Version 1 4 January 2009 F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the Z 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 ❑x 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 ❑ Yes ❑ No letter ) Comments 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, E] Yes No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El Yes 0 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 El Yes M 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 9 of 10 PCN Form — Version 14 January 2009 5. 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 ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS pipiing plover critical habitat website, piping plover critical habitat exists nearby on the western end of Oak Island. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? X❑ Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NCWRC and NOAA EFH websites 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 ❑X 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? USAGE Lockwoods Folly 1997 Environmental Assessment for the LWFIX project 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: There are no known FEMA requirements related to dredging and beach nourishment. Flooding will not be exacerbated by the project and nourishments have been know to buffer storm impacts. 8c. What source(s) did you use to make the floodplain determination? Brunswick County Flood Information Study (FIS) and Flood Information Rate Map (FIRM). l Fran Way ( 10 -11 -2013 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION. LOT NO STREET ADDRESS- PLAN NO. PARCEL ID' Holden Beach Town Hall - 112 Rothschild Street Holden Beach, NC, 28462 Please pnnt Property Owner: Property Owner. Town of Holden Beach, NC David Hewett, Town Manager The undersigned, registered property owners of the above noted property, do hereby authonze Fran Way Of (Contractor / Agent) Applied Technology & Management (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached Property Owner's Address (if different than property above): Telephone- 910- 842 -6488 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. vw'� V. WU�- Authonzed Signatun= Authorized Signature Date 1011111-2, Date Figure 1: LWFIX Dredging Footprint Comparison The top figure includes a 50 foot bend widener, the bottom includes a 400 foot bend widener. The Town of Holden Beach would like to maximize material placement and use the 400 ft bend widener. U APPLIEO TECHNOLOGY & MANAGEMENT, INC. AM■MU4 ■ 10. r _ w iaener) kaasnea yenow ime) U.S Survc Fcet t 2 0 Akk a Figure 2: July 2013 USACE survey data and Corps LWFIX dredge footprints from 2013 (50 -ft bend widener) and from 2010 (400 -ft bend widener). The Town of Holden Beach wants to maximize volume dredging and placement on the beach by including the 400 -ft bend widener. An additional —50,000 cy is estimated to be available based on the July 2013 survey. Up to 100,000 cy is estimated to be available by project construction, which should occur in January or February of 2014. Figure 3: July 2013 USACE survey data points. The Corps had more funding available for the 2010 project due to stimulus funding and therefore maximized the volume dredged. Note that the 2010 project yielded approximately 150,000 cy. The Town would like the LWFIX project to continue using the 2010 footprint with the 400 -ft bend widener. FIGURE 4: Proposed project relative to separately permitted USACE project. Holden Beach would like to "piggyback" the USACE project in order to maximize volume placement and take advantage of reduced dredge mobilization fees UI nA PPLIED TE CHNOLOGY & M FISM MILO