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HomeMy WebLinkAbout20211201 Ver 1_ePCN Application_20221026fr.,f DW R mrlsloa of ware. Besourcrs Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?" Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 9/7/2022 BIMS # Assigned" 20211201 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer" Hannah Sprinkle:eads\hhsprinkle Information for Initial Review 1a. Name of project: Fort Fisher Maintenance Dredging 2022-2023 1a. Who is the Primary Contact?" Brian Doliber 1b. Primary Contact Email:" bcdoliber@ncdot.gov Date Submitted 10/26/2022 Nearest Body of Water Cape Fear River Basin Cape Fear Water Classification sC Site Coordinates Latitude: Longitude: 33.961767-77.940246 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Version#" 1 Reviewing Office" Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (252)232-8025 Is this a NCDOT Project?" Yes No (NCDOT only) T.I.P. or state project number: WBS # (1) 16.71001 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?" Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 35 - Maintenance Dredging Existing Basins (Sect 10 Only) 16 - Return Water from Upland le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 401 Water Quality Certification - Express Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* Yes No 19. 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 No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed: NC Department of Transportation 2b. Deed book and page no.: 2c. Contact Person: r Yes No Yes No 2d.Address Street Address 159 Lucinda Lane Address Line 2 City Powells Point Postal / Zip Code 27966 2e. Telephone Number: (252)232-8025 2g. Email Address:* bcdoliber@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: Brian Doliber 3b. Business Name: 3c. Address Street Address 159 Lucinda Lane Address Line 2 City Powells Point Postal / Zip Code 27966 3d. Telephone Number: (252)232-8025 3f. Email Address:* bcdoliber@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Fort Fisher 2. Project Identification 2a. Property Identification Number: 312020.81.6134.000 2c. Project Address Street Address 2422 S Fort Fisher Blvd Address Line 2 City Kure Beach Postal / Zip Code 28449 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 3c. What river basin(s) is your project located in?* Cape Fear State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number 2b. Property size: 1948.4 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030300050803 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 project area is an existing Ferry Basin and Channel and 9.5-acre spoil site located on the southwest side of Kure Beach on federal government land. The Fort Fisher Ferry Terminal is used by the NC DOT Ferry Division to transport the public and supplies back and forth from Southport and vice versa. The basin and channel have been dredged numerous times throughout its history. The ferry basin is 400' L x 300' W and the ferry channel is 2100' L x 150' W. We are authorized to dredge to a depth of 14'. The 9.5 acres of land used for the spoil site is permitted for use by the Department of the Army under License No. DACA21-3-18-0055. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2009-02060 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of having the Fort Fisher channel and basin permitted for maintenance dredging is to ensure the safety of the travelling public is not compromised during transport to and from Fort Fisher. As depicted in the attached survey, shoaling has occurred throughout the channel and basin and dredging is needed to ensure the safety of Ferry personnel and the travelling public. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Shoaling has occurred within the ferry basin and eastward section of the entrance channel. The channel is "pinched" and does not allow for the appropriate level of maneuverability while entering and exiting the basin. Dredging is needed to ensure the safety of Ferry personnel and the travelling public. The dredging project will remove approximately 109,494.0 cubic yards of material, which will be placed into the Fort Fisher spoil site. Our permit authorizes excavation to 14' but we plan to excavate to a depth of 12' so all of the areas experiencing shoaling can be addressed. Completion of this channel maintenance will allow for easier and safer passage in and out of the ferry basin. The attached bathymetric survey shows the area to be dredged. The spoil site has ample capacity to accommodate the proposed amount of material to be excavated. A survey of the site to determine specific capacity is being completed in the coming weeks and will be submitted as supplemental information upon its receipt. All work is to take place outside of the regulated moratorium dates of April 1-September 30. It is estimated that the project will begin the first week in December 2022 and will last through the end of March 2022. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown 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?* Yes 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 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area Fort Fisher Dredging T Cape Fear River Dredging Tributary 9.95 Basin & Channel 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 9.95 0.00 4g. Total open water impacts: 9.95 4h. Comments: 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 completed within the permitted time frame to avoid any potential impacts to wildlife. Spoil site NTU levels will be monitored in accordance with the Ferry Division Environmental Management System (EMS). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All equipment will be checked on a daily basis for any possible leaks, dredge pipe will be secured along with all tugs and barges in an area as to not impact the surroundings. Spoil site spill gate will be properly maintained and measured to avoid impacts. 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: Maintenance dredging 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: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federal/state) land? Yes No 1 b. 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: * State maintained channel and basin that has current CAMA permit 2. Violations (DWR Requirement) u 2a. Is the site in violation of DWR Water Quality Certification Rules (1 SA 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. Dredging event 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Coordination with resource agencies during initial permitting and past dredging events 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA EFH Mapper, online documentation, coordination with resource agencies. 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?* Currently permitted 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA-designated 100-year floodplairl Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination?* https://msc.fema.gov/portal/search 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 Ft Fisher_3-9-22.pdf 2.66MB Pre -Filing Meeting Request 09-07-2022.pdf 132.42KB File must be PDF or KMZ Comments Signature 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: Brian Doliber Signature 0 Ox Date 10/26/2022