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HomeMy WebLinkAbout20211110 Ver 1_ePCN Application_20230207DW R mrlsloa of ware. Resources 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: 12/9/2022 BIMS # Assigned * 20211110 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Washington Regional Office - (252) 946-6461 Information for Initial Review 1a. Name of project: Cape Lookout National Seashore ferry and operational channel dredging 1a. Who is the Primary Contact?* JeffWest 1 b. Primary Contact Email: jeff_west@nps.gov Date Submitted 2/7/2023 Nearest Body of Water Cape Lookout Bight Basin White Oak Water Classification Unknown Site Coordinates Latitude: Longitude: 34.6252-76.5322 A. Processing Information County (or Counties) where the project is located: Carteret Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Garcy Ward:garcy.ward@ncdenr.gov 1c. Primary Contact Phone:* (252)241-1204 Is this a NCDOT Project?* Yes No 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) 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 Are you a federal applicant?* Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.* We want to comply with state regulations to the extent possible to ensure safe transportation for the visiting public to Cape Lookout National Seashore. 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 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 1g. 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: National Park Service 2b. Deed book and page no.: 2c. Contact Person: Jeff West Yes No Yes No 2d.Address Street Address Cape Lookout National Seashore Address Line 2 131 Charles Street City Harkers Island Postal / Zip Code 28531 2e. Telephone Number: (252)241-1204 2g. Email Address:* jeff_west@nps.gov 3. Applicant Information (if different from owner) 3a. Name: Jeff West 3b. Business Name: Cape Lookout National Seashore 3c. Address Street Address 131 Charles Street Address Line 2 City Harkers Island Postal / Zip Code 28531 3d. Telephone Number: (252)241-1204 3f. Email Address:* jeff_west@nps.gov C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Harkers Island 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Cape Lookout Bight 3b. Water Resources Classification of nearest receiving water:* Unknown 3c. What river basin(s) is your project located in?* White Oak State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: 2b. Property size: State / Province / Region Country 3d. Please provide the 12-digit HUC in which the project is located. 03020301 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:* Cape Lookout National Seashore protects a 56-mile stretch of barrier islands on the North Carolina coast. These undeveloped beaches provide vital nesting grounds for sea turtles and shorebirds and a herd of wild horses roam free on Shackleford Banks. The Cape Lookout lighthouse and two historic villages offer a glimpse into the lives of people who made their living on the edge of the sea. All areas of the park except for the Harkers Island Visitor Center are only accessible by personal boat or ferry. Park Hours The barrier islands in the park are open to the public every day of the year, 24 hours a day. Do check for closures due to weather and seasonal changes to ferry schedules and available facilities on the park's web site: https://www.nps.gov/calo/ 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4b(2). Is Any Portion of the Work Already Complete?* Yes No If yes, describe the completed work 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. The Corps Regulatory Action ID associated with this project is SAW-2022-00574. 4f. List the total estimated acreage of all existing wetlands on the property: 26,000 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project: * he NPS Lighthouse dock and USCG channels provide a safe and vital navigational linkage to National Park Service (NPS) properties along the southern reach of CALO and to the iconic Cape Lookout Lighthouse area, on which residents, visitors, businesses and NPS staff depend. These channels were maintained in the past, however there is no record of the last maintenance dredging event or placement location. The channel to the ferry dock experiences the highest boating activity with ferries accessing it multiple times daily (about 110,000 visitors each year ride the ferry). In March 2006, borrow areas within Barden Inlet were dredged and material placed on the sound -side beach at Cape Lookout Lighthouse (2005 NPS EA). In the intervening years, this placement has eroded away and the iconic structures are threatened again. The beneficial use of the dredge materials associated with this project would provide cultural resource protection. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The NPS channels, which connect to the USACE channel known locally as Barden's Inlet, follow a deep water channel as much as practical for ferry operations that provides visitor access to the Cape Lookout National Seashore (CALO) Lighthouse dock, and access to the old U.S. Coast Guard (USCG) Station dock. The NPS plans to utilize this dock in the future. Both routes have shoaling that is becoming hazardous to boat operations. Channel dimensions for the channel to the Lighthouse dock will be 40 feet wide by 7 feet deep +1 foot over -depth and the channel to the old USCG Station dock will be 40 feet wide by 4 feet deep +2 feet over -depth. The Lighthouse channel will likely need maintenance dredging in the next 2-3 years. Currently the USCG channel does not need dredging, but will likely need maintenance dredging in the next 2-3 years. Dredge methods will include hydraulic pipeline as the preferred method with placement occurring in front of the lighthouse complex. A back-up method, in case hydraulic apparatus are not available, will be bucket to barge. Material will be offloaded at the Lighthouse Complex, and spread in front of the complex with equipment (pay -loader and bulldozer). All dredge materials will be used in front of the lighthouse complex to protect the national register listed historic structures from the erosion of the beach. The dredge materials will have a rock living shoreline to help maintain the sand placement. 4k. Will this activity involve dredging in wetlands or waters? • Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area. Dredge methods will include hydraulic pipeline as the preferred method with placement occurring in front of the lighthouse complex. A back-up method, in case hydraulic apparatus are not available, will be bucket to barge. Material will be of0oaded at the Lighthouse Complex and spread in front of the complex with equipment (pay -loader and bulldozer). Surveys indicate that the material will be 3 mm beach quality sand. About 34,000CY is expected to be removed and transferred to the lighthouse complex beach. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-00574 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: • Unknown 6. Future Project Plans 6a. Is this a phased project?" • Yes No 6b. If yes, explain. We expect to do maintenance dredging on these routes every 3-5 years. Depositional materials will be deposited at the Lighthouse Complex beach. 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? Unknown 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) There are none within 4 miles of the project. 8. Scheduling of Activity: We hope to begin in November of 2023. 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 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: 3 mm beach quality sand, 34,000CY 3i. Total cubic yard stream impacts: 0 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 Dredging P Cape Lookout Bight Dredging Sound 3.00 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 3.00 4g. Total open water impacts: 3.00 4g. Total cubic yard open water impacts:" 34000 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: The goal is to dredge effectively and economically while making the best use of dredged material while avoiding impacts to natural and cultural resources to the maximum extent practicable. Each dredging event will be limited to October - March and is expected to be short term, and avoids periods when biological activity is high. For pipeline dredges, contracts would occur once every 3-5 years and last for approximately 30-45 days. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The goal is to dredge effectively and economically while making the best use of dredged material while avoiding impacts to natural and cultural resources to the maximum extent practicable. Each dredging event will be limited to October - March and is expected to be short term, and avoids periods when biological activity is high. For pipeline dredges, contracts would occur once every 3-5 years and last for approximately 3045 days. The time frame will help avoid impacts to Nekton, Atlantic Blue Crab, T&E species, West Indian Manatee, The critically endangered North Atlantic right whale migrates offshore during the winter months, far enough from the source of dredging to avoid any behavioral effects. SAVs in the project area will be identified using recent aerial imagery and avoided to the maximum extent practicable. The proposed action will have no effect on historic properties or shipwrecks listed, or eligible for listing, on the National Register of Historic Places as long as identified buffer areas identified by the SHPO are avoided during dredging activities. 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 u 2b. If this project DOES NOT require Compensatory Mitigation, explain why: No long term impact. 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: Outside designated boundaries. 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: No included. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federallstate) 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 (NEPA/SEPA)?* Yes No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* Yes No Comments: * Currently in process. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A 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. It is located in Cape Lookout Bight. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved? * Yes No What Federal Agency is involved? USACE 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbines)?* Yes No Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? BA 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 Will this project affect submerged aquatic vegetation?* Yes No Unknown Explain 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* BA 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?* EA 8. Flood Zone Designation (Corps Requirement) Sa. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* https://msc.fema.gov/portal/search#searchresultsanchor 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 Eng_Form_4345_2022Sep.pdf 50.46KB CALO Dredge Routes.pdf 285.88KB 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: Jeff West Signature Date 2/7/2023