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HomeMy WebLinkAbout20141072 Ver 1_401 Application_20141014DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 REPLY TO ATTENTION OF October 3, 2014 Environmental Resources Section Ms. Karen Higgins North Carolina Division of Water Resources 401 and.Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 Dear Ms. Higgins: On behalf of the U.S. Army's Military Ocean Terminal at Sunny Point ( MOTSU), enclosed is a "For Record Only" Pre - Construction Notification regarding proposed releases of return water from Disposal Area (DA) 4 located on the MOTSU facility near Southport, Brunswick County, North Carolina. The DA 4 is located on the southern side of the MOTS,U facility. It is a diked upland disposal site and has a functioning outfall structure and pipe that discharge into open water of the Cape Fear River. MOTSU proposes to release water on an as- needed basis. Projects anticipated to require a release of water include maintenance dredging of MOTSU'"s basins and channels in the Cape Fear River and ditching of the interior of DA 4 for the purpose of drying out soil for a future dike raise, and periodic releases of rainwater that accumulates during times of non -use of the DA. All discharges of return water will be in compliance with conditions of the North Carolina Division of Water Resources' General Certification No. 3888 and the U.S. Army Corps of Engineers' Nationwide Permit No. 16. Should you have any questions or need additional information, please contact Mr. Jeff Richter of my staff at (910) 251 -4636. Sinc Philp M. Payonk Chief, Environmental 'Resources Section Enclosures -2- Copy Furnished (withaencl.): Mr. Chad Coburn North Carolina Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Emily Hughes U.S. Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 O�O� W A TFROG o � 2 0 1 4 1 0 12 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: ❑ Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 16 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X 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 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑X Yes ❑ No For the record only for Corps Permit: ❑X 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 ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. X❑ 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: Return water from MOTSU Disposal Area 4 2b. County: Brunswick IRA 2c. Nearest municipality / town: Southport 2d. Subdivision name: OCT 0 9 2014 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information DENR . WATER RESOURCES R P RAAITTIN 3a. Name(s) on Recorded Deed: US Government 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): US Army, Military Ocean Terminal, Sunny Point, ATTN: Linda Rogers 3d. Street address: 6280 Sunny Point Road SE 3e. City, state, zip: Southport, NC 28461 -5000 3f. Telephone no.: 3g. Fax no.: 37h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑X Agent ❑ Other, specify 4b Name Jeff Richter 4c Busine"ss name (if applicable) US Army Corps of Engineers, Wilmington District, Env Resources Section 4d Street address 69 Darlington Avenue 4e City, state, zip Wilmington, NC 28403 4f Telephone no 910 -251 -4636 4g Fax no 4h Email address Jeffrey h nchter @usace army mil 5. Agent/Consultant.lnformation (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 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no- (tax PIN or parcel ID) 1b Site, coordinates (in decimal degrees) Latitude 33 984 Longitude -77 965 1c Property size 300 acres 2. Surface Waters 2a Name of nearest body of water -to proposed project Cape Fear River 2b Water Quality Classification of nearest receiving water SC 2c River basin Cape Fear 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 Located on MOTSU property,'DA 4 is an existing diked.upland facility constructed for the purpose of containing dredged'material DA 4 currently contains retained /undrained water Dikes are in good shape as is the outfall structure and pipe used to discharge water from the DA to open water adjacent,to the Cape Fear'River 3b List the total estimated acreage of all existing wetlands on the property 3c List the'total estimated linear feet of all existing streams (intermittent and perennial).on the property 3d Explain the purpose of the proposed project 'See Attached I Explanation ; sheet 3e Describe the overall project in detail, including the type of equipment to be used See Attached Explanation sheet 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project includin all rior phases) in the past? ❑ Yes ❑X No ❑ Unknown Comments Discharge Point is in Cape Fear River 4b If the °Corps, made the jurisdictional determination, what type of determination was made ❑ Preliminary ❑ Final 4c If yes, who delineated the junsdi6ional areas? Name (if known) Agency /Consultant Company Other 4d If yes, list.the dates of the Corp&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) m'the past? ❑X Yes ❑ No ❑ Unknown 5b If yes, explain in detail according to "help file' instructions See +Attached Explanation'sheet 6. Future Project Plans 6a Is this a phased project? ❑X Yes' ❑ No 6b If yes, explain See Attached Explanation,sheet Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary to Which sections were completed below,for your project (check all that apply) ❑ Wetlands ❑ Streams— tributaries ❑ Buffers ❑X Open Waters E]' 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 1(404, 1'0) 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 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 Tiempopry (T) 3b Type of impact 3c Stream name 3d Pererftal,(PER) or intermittent (INT),? 3e Type of junsdiction 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 1.4 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 Cape Fear River Fill Estuary 01 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f Total open water impacts -"pact 01 is limited to cliscnarge of return water trorn an uplancl containeci disposal site 4g Comments 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 mitigation, then you 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 B1 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 All return water discharged waterward of MLW in open water add to the Cape Fear River following sufficient time for sediment settling lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques All return water discharged waterward of MLW in open water adt to the Cape Fear River following sufficient time for sediment, settling 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 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 ❑ 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 110 PCN Form — Version 14 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? El Yes MX 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 within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑X No 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 Im perviousness, 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 Protect creates no impervious surface and existing structure has essentially no impervious surface 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? Brunswick 3b Which of the following locally - Implemented stormwater management programs apply (check all that apply) ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management, Plan with proof of approval been attached? ❑ Yes ❑ No 4. DWQ Stormwater Program Review 4a Which of the following state - implemented stormwater management programs apply (check all that apply) ❑Coastal counties ❑HQW ❑ORW ❑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 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 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 letter ) ❑ Yes ❑ No 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, ❑ Yes ❑No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El Yes Q 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 WIII this project (based on past and reasonably anticipated future Impacts) result In ❑ Yes Q No, additional Aevelopment, which could impact nearby�downstream water quality? 3b If you answered `yes" to the above, submit,a qualitative or quantitative a cumulative Impact analysis in accordance with the most,recent DWQ policy If you.answered "no," provide a short narrative description Protect'is located on US Govt property Activity for which project will be used is the retention of material from the maintenance dredging of existing harbor basins and channels used to load and unload military supply ships 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 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 ❑ No impacts .5c If yes, indicate the USFWS Field Office you have contacted USFWS Raleigh ES Field Office 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Professional knowledge, past coordination, USFWS ES website, 6. Essential Fish Habitat (Corps Requirement) 6a WIII this project occur in or near an area designated as essential fish habitat? ® Yes ❑ No 6b What data sources did you use-to, determine whether your site would impact Essential Fish Habitat? Professional knowledge, past coordination, IWFS 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 ❑ 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? Professional knowledge, past coordination, inhouse expertise 8. FloodZone 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 Discharge of return water to occur in open water�adt to the Cape Fear River 8c What,source(s) did you use to make the floodplain determination? Inhouse expertise, past coordination, professional knowledge 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 B (3")(d) Explain the purpose of the project Water currently contained within the DA will be released thru the outfall structure and pipe Projects anticipated to require a release of water include periodic maintenance dredging of MOTSU's basins and channels in the Cape Fear River and ditching of the interior of DA 4 for the purpose of drying out soil for a future dike raise, and periodic releases of rainwater that accumulates during times of non- use of the DA All releases will be in compliance with all conditions of GC #3888 and the US Army Corps of Engineers' Nationwide Permit #16 B (3)(e) Describe the overall project in detail, including the type of equipment to be used. Projects anticipated requiring a release of water include periodic maintenance dredging of MOTSU's basins and channels in the Cape Fear River and ditching of the interior of DA 4 for the purpose of drying out soil for a future dike raise, and periodic releases of rainwater that accumulates during times of non- use of the DA Maintenance dredging projects at MOTSU in which dredged material is disposed in the DA will involve discharging the dredged mix as far as possible from the outfall structure to allow for maximum settling of sediments prior to release of return water Prior to ditching, any existing ponded water will be released through the existing,outfall structure and outfall pipe to discharge into open water adjacent to the Cape Fear River. This release is necessary to facilitate the ditching, which will allow the surface soil to drain and dry. Excavated soil will be retained in the DA's dikes The ditching will be performed by a tractor or excavator with all excavated material stockpiled beside the ditches No excavated material will be placed in wetlands or in a location that allows erosion into waters or wetlands When return water is being released through the outfall pipe, turbidity at the discharge end will be monitored to ensure compliance with General Water Quality Certification #3888. The rate of discharge is controlled at�fhe outfall structure in the'DA. B (15)(b) Explanation of permits or certifications obtained in the past., The majority of MOTSU maintenance dredging is conducted by mechanical means (clamshell, bucket, etc) with disposal in the Wilmington Ocean Dredged Material Disposal Site (ODMDS) The dredging, regardless of method, and disposal in either ODMDS or an upland site has been determined to be consistent with the North Carolina Coastal Management Program by concurrence letter dated July 11 1980 (SCH File #071 -80) and June 12, 1995 (CD95 -09). The dredging project has not changed in scope since the 1995 concurrence. Dredged material has been discharged'in DA 4 in the past, and each event has obtained project - specific approval for the release of effluent into the Cape Fear River. The last time effluent was discharged from DA 4 in association with a maint dredging project Was,in 2003 MOTSO obtained required Corps' Regulatory and NC Div Water Resources (NCDWQ in 2003) approvals for the specific project B(6)(b). Future Project Plans: is this a phased project? Projects anticipated to require a release of water include periodic maintenance dredging of MOTSU's basins and channels in the Cape Fear River and ditching of the interior of DA 4 for the purpose of drying out soil for a future dike raise, and periodic releases of rainwater that accumulates during times of non- use of the DA The majority of MOTSU maintenance dredging is conducted by mechanical means (clamshell, bucket, etc) with disposal in the Wilmington Ocean Dredged Material Disposal -Site DA 4 will, be used for the disposal of dredged material when necessary, determined by the availability of dredge plant, funding requirements and availability, timing, etc Ditching will be done for the purpose of drying out soil within DA 4 for subsequent raising of the dikes The discharge location of dredged material into the DA will be as far from the spillway as possible to allow for maximum settling of sediments prior to release of return water Compliance with all conditions, including limits of acceptable turbidities, of the appropriate GC (currently GC #3888) and Corps Regulatory Nationwide Permit #16 will occur for the duration of each release event 17. NAM I I.` At NC %momm; IRK" 10'�' Cape, Fear Ri rpt 6'!20.i4- 4 � mi �� -r r �� ti c _ o 5 py J _ J Q� .�( O j N