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HomeMy WebLinkAbout20120732 Ver 2_401 Application_20150212i &! KILL& ASSOCIATES February 1 1, 2015 Ms Karen Higgins, Supervisor 401 and Buffer Permitting Unit NCDENR — Division of Water Quality 512 North Salisbury Street (9'h Floor) Raleigh, NC 27604 Re. Passenger Ferry Facilities Shell Point Visitor Center Cape Lookout National Seashore Harkers Island, NC Carteret County Dear Ms. Higgins. 20150' 82 Sent Via Federal Express Please accept this 401 Water Quality Certification application package for the referenced project including the following A Application check for the amount of $240 B Project Narrative (2 pages) C. PCN Form (12 pages) D Site Plan (partial set consisting of 5 drawings) (2 full size and 1 half size set) 1 Cover Sheet — With area and vicinity map 2. SV1 - Project Property Limits 3 SV2 — Stormwater Permit Property Line Limits 4. C5 — Grading, Drainage & Erosion Control Plan 5. C8 — Wetland Impacts and Area Calculations E CD containing copy site plan drawings F. Agent authorization form Should you have any questions or require additional information please let me know and it will be provided promptly Very Truly Yours, RECEIVED RICE & SOCIATES, P C ► 2 2015 DE IR -LAIND QUALITY oft STORMWATkR PERMITTING teven M. Rice, P.E Cc Joanne Steenhuis, Wilmington Regional Office w/ attachments via FedEx 109 Carrot Island Lane • Beaufort, NC 28516 49 Voice 252- 838 -1221 O Fax 252- 838 -1227 • Web riceassoaatespllc corn o�oF wnrFgoG �c o r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 ® Stormwater Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: N/A 1c. Has the NWP or GP number been verified by the Corps? ® 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: ❑ Yes ® No For the record only for Corps Permit: ❑ 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. El Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ❑ No 2. Project Information 2a. Name of project: National Park Service Passenger Ferry Facilities, Shell Point Visitor Center, Phase 2 2b. County: Carteret 2c. Nearest municipality/ town: Harkers Island 2d. Subdivision name: Cape Lookout National Sea Shore 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: United States of America 3b. Deed Book and Page No. None, 90 -acre park consisting of 47 parcels, Project (wetland impact) is located on parcel PIN 7344 0639 0758 000, 3.7 acres per Carteret County GIS 3c. Responsible Party (for LLC if applicable): Patrick Kenney, Superintendent 3d. Street address: 131 Charles Street (Visitors Center faces Island Road, S.R. 1335) 3e. City, state, zip: Harkers Island, North Carolina, 28531 3f. Telephone no.: 252- 728 -2250 x3014 3g. Fax no.: 252 -728 -2160 3h. Email address: PatKenney @nps.gov Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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: Steven M. Rice, P.E. 5b. Business name (if applicable): Rice &Associates, PLLC 5c. Street address: 109 Carrot Island Lane 5d. City, state, zip: Beaufort, North Carolina, 28516 5e. Telephone no.: 1 -252- 838 -1221 51'. Fax no.: 1- 252 - 838 -1227 5g. Email address: Steve .Rice @riceassociatesplic.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 7344 0639 0758 000, 3.7 acres per Carteret County GIS 1 b. Site coordinates (in decimal degrees): - if you can't get Latitude: 34.686014 Longitude: - 76.527596 these, just include a very good vicinity map (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 8.91 acres for Stormwater Permit "Project Limits" (Total National Park property = 89.7 acres) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Core Sound proposed project: 2b. Water Quality Classification of nearest receiving water: ORW (Outstanding Resource Water Zone) 2c. River basin: map is available at White Oak http://h2o.enr.state.nc.us/admin/maps/ 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 project will be site improvements to the National Park Service Passenger Ferry Facilities, Shell Point Visitor Center and Administrative Center. It is located at the east end of Harkers Island and includes a boat basin, picnic shelters, parking for passenger vehicles and recreational vehicles. The Core Sound Water Fowl Museum & Heritage Center is located west of the facility on the west side of Cape Pointe Drive. 3b. List the total estimated acreage of all existing wetlands on the property: 1.38 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Zero, (0.00) 3d. Explain the purpose of the proposed project: Provide additional parking spaces, bus turn - around, restroom facility, connecting sidewalks and drive & pedestrian trail from the Visitor Center main building to the existing Core Sound Waterfowl Museum and Heritage Center. 3e. Describe the overall project in detail, including the type of equipment to be used: The portion of the project that will impact the 404 Wetlands is approximately 125' of 14' wide asphalt drive and 5' wide crusher fine pedestrian trail that will provide access from the Visitor Center to the existing East edge of pavement of Cape Point Drive. The clearing, grubbing, fill and grading of the drive and trail will be constructed with standard heavy duty earth moving machinery. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ ® Yes ❑ No ® Unknown for previous phases project (including all prior phases) in the past? Comments: Yes, but for this phase only. 4b. If the Corps made the jurisdictional determination, what type ❑Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: USACE Wilmington NC Name (if known): Tyler Crumbley, Project Manager Regional Field Office Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. December 15, 2014 (The delineation Jurisdictional 'Tear Sheet" to be provided by Tyler Crumbley and /or Christy Folta ( USACE Carteret County area permitting person) during the 404 permitting process.) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? See FEYE s ❑ No ® Unknown attached PCN dated 4/30/13 on Pace 10 of 10 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. For wetland impacts, the response is NO. For State Stormwater Permitting, the response is YES. Phase 1, which has already been constructed did not exceed any thresholds that required stormwater permitting. Phase 2 impervious areas exceed 10,000 square feet and thus require a State Stormwater Permit. The cumulative Phase 1 and Phase 2 impervious areas will be included in the State Stormwater Permit application and plans. Page 4 of 12 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ- non -404, other) (acres) Temporary T W1 ®P ❑ T FILL Not Known ® Yes ❑ No ® Corps ❑ DWQ 0.06 W2 ®P ❑ T FILL Not Known ❑ Yes ® No ® Corps ❑ DWQ 0.04 W3 ❑ P ® T CLEARING Not Known ® Yes ❑ No ® Corps ❑ DWQ 0.05 W4 ❑ P ® T MECHANIZED Not Known ❑ Yes ® No ® Corps ❑ DWQ 0.01 W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.16 2h. Comments: NONE 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 [-)PEI T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 0.00 31. Comments: NONE Page 5 of 12 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 indiv ually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 0.00 4g. Comments: NONE 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 0.00 5g. Comments: NONE 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. ❑ Neuse E3 Tar-Pamlico El Other: Project is in which protected basin? NONE ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P ❑T E3 Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 0.00 6i. Comments: NONE Page 6 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Original preliminary designs called for a 16' wide asphalt drive with vegetated shoulders and a 5' pedestrian trail access from the Visitor Center to the existing East edge of pavement of Cape Pointe Drive to have a more direct alignment to access the existing street and Core Sound Waterfowl Museum & Heritage Center following a more northerly route. This design also called for the trail to meander through the forested area with approximately 10' to 30' of separation from the drive. Site investigations revealed that wetlands are present on the site and it was determined that approximately 0.3 acres would be disturbed. Various alternate designs were explored to avoid and minimize impacts to the wetlands. The proposed design reduced the width of the drive from 16' to 14', reduced the separation of the drive and trail to 2' through the wetland area, and added a concrete curb for pedestrian protection. The concrete curb will also function as a small retaining wall to help minimize the fill area. In addition, the alignment of the drive was revised to follow a more southerly route through the existing parking lot with a more acute connection to the exist Cape Point Drive. This revised alignment reduced the permanent wetland impact to 0.1 acres. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion control measures will be installed to prevent the migration of sediment outside the construction or disturbed area to include silt fencing and a construction entrance from the existing parking lot and upland area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type 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: ❑ warm ❑ cool ❑cold 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 Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4h. Comments: NONE 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. N/A 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 El yes No buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 0.00 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). N/A 6h. Comments: NONE Page 8 of 12 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 N 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 r_1 No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 12% 2b. Does this project require a Stormwater Management Plan? N Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Phase 1, which has already been constructed did not exceed any thresholds that required stormwater permitting. Phase 2 impervious areas exceed 10,000 square feet and thus require a State Stormwater Permit. The cumulative Phase 1 and Phase 2 impervious areas will be included in the State Stormwater Permit application and plans. Stormwater runoff from the roof areas of the existing visitor center is collected with gutters and downspouts to a small storm water basin. This basin also collects portions of the existing parking lot with the remaining runoff directed to low areas and roadside swales. The existing basin will be filled and seven (7) new basins will be constructed. The basins will collect stormwater runoff from the existing roof drains and parking lot and the proposed bus turn - around, sidewalks, and trail areas. They will be interconnected with small diameter pipes to allow for cumulative storage. Portions of the proposed drive, trails and additional parking will sheet flow at non - erosive velocities onto adjacent low areas and wetlands. The existing system does not have an outfall or piping system to adjacent waters. All runoff, existing and proposed, will be infiltrated into the ground and /or evaporate. ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? N DWQ Stormwater Program ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? None, project on federal land ❑ Phase 11 3b. Which of the following locally- implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): NONE ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HOW 4a. Which of the following state - implemented stormwater management programs apply N ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes N No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued 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 10 of 12 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? 1b. 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 ❑ 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.) Comments: See attached United Stales Department of the Interior, Fish and ® Yes ❑ No Wildlife Service letter (3 pages) dated March 14, 2013, United States Department of Commerce, National Marine Fisheries Service letter (1 page) dated April 5, 2013, and North Carolina Department of Cultural Resources, State Historic Preservation Office (2 pages) dated February 8, 2013. 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? ❑ Yes ® 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 ❑ Yes ®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. Wastewater from the proposed restroom will be collected and pumped to a permitted wastewater treatment plant owned by Harkers Island Sewer Company, LLC. The treatment plant name is West Bay Wastewater Treatment Facility and its permit number is W00024023. HISC contact person is Mr. Mike Laws, 919.810.4929. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version S. 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? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See attached United States Department of the Interior, Fish and Wildlife Service letter (3 pages) dated March 14, 2013. 6. Essential Fish Habitat (Corps Requirement) 6a. Will 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? See attached United States Department of Commerce, National Marine Fisheries Service letter (1 page) dated April 5, 2013. 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 ®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? See attached North Carolina Department of Cultural Resources, State Historic Preservation Office (2 pages) dated February 8, 2013. 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: In compliance with Carteret County Ordinances per Gregory Hartman, Flood Plain Administrator, Carteret County, 252- 728 -8496 8c. What source(s) did you use to make the floodplain determination? FEMA Maps 3720734400J & 3720734500J Patrick Kenney r .® Applicant/Agent's Printed Name Date pelican Agent's Signatu _ (Agent's signature is valid only If an authorization letter from the applicant is provided.) Page 12 of 12