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
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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