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.
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