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HomeMy WebLinkAbout20230755 Ver 1_20230427-Pre-Construction Notification (PCN) Form Submission_20230531r Pre. -Construction Notification QlP lNp IForm For Nationwide Perimiits and IRegiionall G eneirall Perimiits (alloing with corlreslpoindiiing Water Qusalliity CeirQiitiicatiions) Alplriill 13, 2022 Ver 4.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https:ffedocs.deq.nc.gov/WaterResourcesf0fedocf024704/F:ICN % 20Flelp/ 20File/ 20201 £5-1-30.pdf A. Processing Information Pre -Filing Meeting Date Request was submitted on: 4/24/2023 If this is a courtesy copy, please fill in this with the submission date. Is this project connected with ARPA funding?" Yes alit No County (or Counties) where the project is located:" Brunswick Is this a NCDMS Project" Yes No Click Yes, only if NCD MS is the applicant or co -applicant. DC NOT CHECK YES, UNLESS YOU ARE DMS OR CC -APPLICANT. Is this project a public transportation project?" Yes ± No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. 1 a. 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: NWP Numbers (for multiple NWPS): 10 and 23 List all NW numbers you are applying for not on the drop down list. 1 d. Type(s) of approval sought from the DWR: check all that apply 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: Yes is No For the record only for Corps Permit: Yes is No 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? If so, attach the acceptance letter from mitigation bank or in -lieu tee program. ' Yes No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document FILE TYPE MUST BE PDF 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 Link to trout information: http://vvvvw.saw.usace.army.mil/Missions/Regulatory Permit Program(Agency- Coordination/ Frout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Greg lDeVan 1c. Primary Contact Phone:" 1 b. Primary Contact Email * (xxx)xxx-xxxx gregorya.devan@uscg.miI (216)902-6206 1d. Who is applying for the permit?* Owner Applicant (other than owner) (Check all that apply) 1e. Is there an AgentlConsultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed:* US Federal Government 2b. Deed book and page no.: 2c. Contact Person: (for Corporations) 2d.Address* Street Address 1240 East Ninth Street Address Line 2 City State t Province t Region Cleveland Ohio Postal (Zip Code Country 44199 United States 2e. Telephone Number:* (xxx)xxx-- (216)902 6206 2f. Fax Number: 2g. Email Address:* gregory.a.devan@uscg.mil 4. Agent/Consultant (if applicable) 4a. Name:* John Policarpo 4b. Business Name: Inapplicable) US Army Corps of Engineers 4c. Address" Street Address 69 Darlington Avenue Address Line 2 City State ( Province ( Region Wilmington North Carolina Postal (Zip Code Country 28403 United States 4d. Telephone Number:" (910)251 4 700 4e. Fax Number 4f. Email Address:" joh n. n. pol icarpo@ usace. army. mi I C. Project Information and Prior Project History 1. Project Information 1a. Name of project:" US Coast Guard Station Oak Island Maintenance Dredging 1b. Subdivision name: (it appropriate) 1 c. Nearest municipality / town: Caswell Beach 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax PIN or parcel ID) (in acres) 2c. Project Address Street Address add Caswell Beach (Road Address Line 2 City State t Province t Region Oak Island North Carolina Postal (Zip Code Country 28465 United States 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:" Longitude:" 33.893383 7&033647 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Elizabeth (River 3b. Water Resources Classification of nearest receiving water:" SA, I-IGW Surface Water Lookup 3c. What river basin(s) is your project located in?" Cape Fear 3d. Please provide the 12-digit HUC in which the project is located." 030300050802 River Basin Lookup 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:" 11SCG Station Oak Island is located within the town of Caswell Beach and west of the mouth of the Cape Pear Diver, in Brunswick County. Station Oak Island navigation facilities include a 75-foot wide (bottom width) entrance channel and a 150-foot wide boat basin, authorized to a depth of -9 feet at mean lower low water (MLI_W), with 2-feet of allowable overdepth, to -11 feet MLI_W Maintenance of the navigation channels at Station Oak Island is necessary to accomplish USCG missions. The proposed disposal area (DA 277) is located approximately 1.5-miles north of the USCG Station and on the south side of the Atlantic Intracoastal Waterway (AIWW), directly south of the town of Southport, Brunswick County. Project History: USCG IEA dated April 2005' PONSI dated July 2005 Obtained Nationwide Permits 15 and 23 (SAW -2005-00747) in 2005, 2011, 2016, and 2019. 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). Obtained Nationwide Permits 15 and 23 (SAW -2005-00747) in 2005, 2011, 2016, and 2019. 4f. List the total estimated acreage of all existing wetlands on the property: 0 (20.8 acres of tidal waters) 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) N/A 4h. Explain the purpose of the proposed project:" The project purpose is to maintenance dredge the existing USCG Station Oak Island basin and navigation channel with placement of dredged material in DA 277. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" Project Description: the project is the hydraulic maintenance dredging of USCG Station Oak Island basin and entrance channel out to the Southport Navigation Channel to the required depth of -9.0 feet mean lower low water (MLI_W), with an allowable overdepth dredge to -11.0 feet MLI_W. All dredged material, estimated to be no more than 25,000 cubic yards (CY), will be pumped via pipeline to 17isposal Area (DA) 277. Any effluent from the DA would be discharged by spillway pipe into the Atlantic Intracoastal Waterway (AIWVV), in compliance with 17WR General Certification 4248 (Return Water from Upland Contained 17isposal Areas). A dredging window has been established for the protection of fisheries resources, from October 1 to March 31, all maintenance dredging would be conducted within this 5-month window the estimated quantity of material to be dredged during PY2+will be approximately 25,000 CY 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Unknown Comments: PJI7 issued in past. 5b. If the Corps made a jurisdictional determination, what type of determination was made?" Preliminary Approved Not Verified Unknown N/A Corps AID Number: Example: SAW-2017-99999 SAW -2005-00747 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. N/A 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 If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. tSite #°` (] 4a1. Impact Reason 4b. Impact type*(') 4c. Name of waterbody (1) 4d. Activity type* 4e. Waterbody type* ��!:] Dredging 7l Maintenance T Elizabeth lRiver Dredging Estuary —7�7771 T AIWVV lDewatering Estuary 010 (acres) Pipeline 7l Access T Elizabeth lRiver & AIWVV Dredging Estuary 0�7771 4g. Total temporary open water Impacts: 21 A 3 4g. Total permanent open water impacts: 000 4g. Total open water impacts: 21.13 4h. Comments: The entire channel and basin will not be dredged, only shoaled areas blocking safe navigation. Effluent discharged into AIWVV from established upland IDA 277 will be in compliance with NCIDWR turbidity requirements. Impacts from the pipeline will occur as it is either floated or resting on the bottom of the waterway (contractor will determine best option). E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* The Corps proposes to only dredge those areas that are in need (please see attached plans). The temporary pipeline will either be floated or laid on the bottom of the waterway in a manner that does not impede navigation or the ability of wildlife to move through the area. There is no proposed permanent fill, the 18-inch diameter pipeline will be removed once dredging work is complete. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * fo protect fisheries resources, dredging would only be conducted from October 1 through March 31. It will also be noted in the contract specifications that the contractor must abide by all measures to protect federally listed threatened and endangered species during work. Water quality will be monitored two times per day, at a minimum, at the western spillway at IDA 277. If turbidity exceeds 25 nelphelometric turbidity units (INTI.Js), measures, such as using stop logs at the spillway or moderating dredging operations to allow settlement of suspended sediment over time, would be implemented. 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: There will be no loss of waters of the U.S., including wetlands, either physically or in functions and values, therefore, compensatory mitigation will not be required. NO Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington lDistrict's RIBI TS website. *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: This is a maintenance dredging project in an existing channel and boat basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPIDES 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 fo look up low density requirement click here 15A NCAC 021-1 .1003(2). Comments: This is a maintenance dredging project in an existing channel and boat basin, no development is proposed. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) 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 (NEPA/SEPA)?" Yes No Comments:" NIEPA documentation was conducted in 2005 and a PONSI signed in July 2005. 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 <i No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?" Yes No 3b. If you answered "no," provide a short narrative description. Maintenance dredging of the USCG basin has been conducted routinely in the past and will not result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" Yes No r 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 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 p No 5g. Does this project involve bridge maintenance or removal?" Yes p No Link to the NLEB SLOPES document: http://saw-reg.usace.arrny.mil/NI_F_B/1-3C-17-signed._Nl-EBSI-OPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?*" Yes p 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?" Location and scope of project, 11SFWS IPaC website, and professional experience with similar projects. 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?* Past coordination with NMI S, including an EIR-1 Assessment, had been completed with a conclusion of no substantial adverse impacts. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http /gis.ncdcr —mL ------ . %j\L/LpgLebv . - -1 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Review of available SHFIO data sources on the regulatory viewer and best professional judgement based on experience. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.tema.gov/portal/search 8a. Will this project occur in a FEMA-designated 1 00-year floodplain?* Yes No 8b. Ifyes, explain how project meets FEMA requirements: The proposed project is the maintenance dredging of an existing Coast Guard navigation channel. No new development will be constructed. The pipeline is a temporary structure that can be secured or removed should adverse weather conditions exist. The proposed project would have no effect on the FEMA floodplain. 8c. What source(s) did you use to make the floodplain determination?* FEMA National flood hazard layer mapping Miscellaneous Comments The Corps has conducted and attached an environmental assessment of relevant regulatory rules. The project plans are also attached. NCIDWRs application fee will be submitted when prompted. 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 NWFI 16 & 23 Complete Application.pdf 1427MB File must be PDF or KMZ 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 FICN form is a "transaction" subject to Chapter 66, Article 40 of the NO General Statutes (the"Uniform Electronic Transactions Act"), I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NO 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 FICN form. Full Name:* John N. Policarpo Signature* e 61K Date 4/27/2023