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HomeMy WebLinkAbout20160714 Ver 2_401 Application_20230731DWR mrlsloa of Water Resources 1a. Name of project: Dredging Design - Hancock Creek 1a. Who is the Primary Contact? Jessica Guilianelli 1 b. Primary Contact Email: jessica.guilianelli@usmc.mil Site Coordinates Latitude: 34.93885 A. Processing Information Pre -Filing Meeting Date Request was submitted on: 2/2/2023 Is this project connected with ARPA funding?* Yes No County (or Counties) where the project is located: Craven Nearest Body of Water Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Longitude: -76.85357 1c. Primary Contact Phone: (252)466-4826 Is this a NCDMS Project* Yes No Is this project a public transportation 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 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) le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No For the record only for Corps Permit Yes 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? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 11. 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: US Government 2b. Deed book and page no.: 336,0061 2c. Contact Person: 2d.Address Street Address 141 East Fisher Avenue Address Line 2 City State / Province / Region New Bern NC Postal / Zip Code Country 28560 USA 2e. Telephone Number: 2f. Fax Number: (252)466-4826 (252)466-2000 2g. Email Address:" jessica.guilianelli@usmc.mil 3. Applicant Information (if different from owner) 3a. Name: Dale McFarland 3b. Business Name: 3c. Address Street Address Bldg 4223 Access Road Address Line 2 City State / Province / Region Cherry Point NC Postal / Zip Code Country 28533 USA 3d. Telephone Number: 3e. Fax Number: (252)466-4599 (252)466-2000 3f. Email Address: dale.mcfarland@usmc.mil 4. Agent/Consultant (if applicable) 4a. Name: J. Kevin Avolis, PE 4b. Business Name: Avolis Engineering, PA 4c.Address Street Address 5405 Morton Road Address Line 2 PO Box15564 City New Bern Postal / Zip Code 28561 4d. Telephone Number: (252)633-0068 4f. Email Address:* kevin@avoliseng.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) N/A 1c. Nearest municipality / town: Havelock 2. Project Identification 2a. Property Identification Number: 6-060-065 2c. Project Address Street Address Marine Corps Air Station Address Line 2 City Cherry Point Postal / Zip Code 28533 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Neuse River 3b. Water Resources Classification of nearest receiving water: SB, Sw, NSW 3d. Please provide the 12-digit HUC in which the project is located. 030202040504 3c. What river basin(s) is your project located in?* Neuse 4. Project Description and History State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 11,014 State / Province / Region NC Country USA 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 site is located on the northeastern edge of the MCAS Cherry Point property where Hancock Creek discharges to the Neuse River. The Navy Dock area is located on the western shore of Hancock Creek at the mouth. Docks, operational buildings, and staging areas are located on this site. The Navy Docks are utilized by military vessels for water access for military training and operations. Navy boats, barges, and other equipment are stored and staged in this area. Upstream of the Navy Docks in Hancock Creek is the Hancock Creek Marina. This facility includes docks, boat ramps, and recreational facilities that are utilized for recreational purposes by military personnel and their dependents. Undeveloped timberland exists upland of the marina area as well as along a majority of the shore of Hancock Creek. 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). SAWC078-N-025-003-00055, November 11, 1977 4f. List the total estimated acreage of all existing wetlands on the property: 1,100 4g. List the total estimated linear feet of all existing streams on the property: 110,000 4h. Explain the purpose of the proposed project:* The purpose of this project is to complete maintenance dredging to eliminate shoaling in existing channel and marina area so as to allow unencumbered access. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" Marine Corps Air Station, Cherry Point has identified the need to complete maintenance dredging of the Hancock Creek Entrance channel and Hancock Creek Marina. Shoaling has occurred in the entrance channel and marina area. The Installation desires to reestablish depths in these areas. A review of previous project files at MCAS Cherry Point identified that dredging of the project areas occurred at various intervals since 1948. In approximately 1948, a 100 foot wide entrance channel was established to serve the current day Navy Dock area at the mouth of Hancock Creek. A 12 foot deep channel control depth was established. Dredging was also documented to have occurred in approximately 1956 and in 1968 to the same 12 foot channel control depth. Action ID SAWC078-N-025-003-00055 dated November 11, 1977 covered dredging activities in the channel area; although, no project drawings were recovered associated with this dredging event. Additional files identified that this Action ID were associated with a 10-year maintenance dredging agreement. The latest documented dredging project in the project area occurred in 1986. This dredging project included the Hancock Creek Entrance Channel and the Hancock Creek Marina area. Because of the expanded dredging area, the previously approved permit (SAWC078-N-025-003-00055) was superseded by a new dredging permit (Action ID unknown). For this project, a 9 foot channel control depth was established for the entrance channel and a 6 foot deep control depth was established for the marina area. For the current project, it is the Installation's desire to reestablish the 9 foot and 6 foot control depths as established in 1986. It is estimated that total of approximately 9,690 cubic yards of dredge material will be removed. It is proposed that all dredge spoil be disposed of on an upland area immediately adjacent to the Navy Docks, on Government property. The dredge spoil area covers a total of 82,295 SF, 1.89 acres. No wetlands or stream buffer areas exist within the disposal area. The disposal area is located outside the limits of the 75' CAMA Area of Environmental Concern (AEC). The disposal area is currently covered with grass vegetation. This area was utilized as the spoil disposal area for the most recent dredging project completed in 1986. A containment dike will be constructed utilizing on -site soils. A flashboard riser will be installed to control water levels. Upon completion of dredging, the disposal area will be graded and established with permanent vegetation. It is anticipated that hydraulic dredging methods will be utilized to complete the project. Equipment to be utilized will include barges, a hydraulic dredge, and pipe lines. The dredge disposal area will be constructed utilizing excavators, bulldozers and dump trucks. 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-2012-00382 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Geo-Marine, Inc. Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Approved Jurisdictional Determination signed by USACE on December 18, 2013. 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 DREDGING P NEUSE RIVER Dredging Estuary 9.02 DREDGING P HANCOCK CREEK Dredging Estuary 3.70 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 12.72 4g. Total open water impacts: 12.72 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: Dredging limits maintained within footprint of previously permitted dredging areas. Dredge design depths maintained to previously approved design depths. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All dredge spoil disposal will occur on upland areas previously utilized for dredge spoil disposal. 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: The project elements are all designated in the Rules to be executable without mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 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 la. 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 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? Yes No Comments: * Federal money will be expended. A Coastal Consistency Determination has been prepared for the project. The document will be reviewed and approved by MICAS Cherry Point and CAMA. A categorical exclusion has been prepared in compliance with NEPA. 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. No expanded dredging limits or depths are anticipated for the project are. 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 Unknown 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 turbine(s)?* Yes No 51. 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? * MICAS Cherry Point has developed an Integrated Natural Resources Management Plan (INRMP) (2012-2022) that details all protected species and critical habitat. In addition, the US FWS and NMFS databases were consulted. Marine Mammal observers will be stationed during any dredging activities. If any marine mammals or sea turtles are observed near the site, operations will cease until the animal has left the vicinity. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Essential Fish Habitat Mapper www.fisheries.noaa.gov. Additionally, EFH surveys were completed in 2007 (Hancock Creek and the Neuse River) and 2022 (Neuse River). 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? * MCAS Cherry Point has developed an Integrated Cultural Resources Management Plan (ICRMP (2018-2023) that details all documented historic or cultural sites. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Project does not include the development of any permanent infrastructure that would be impacted by flood events. 8c. What source(s) did you use to make the floodplain determination? NC Flood Maps 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 Email Confirmation 401 Pre -Filing Meeting Request.pdf 68.44KB Hancock Creek Soils Map.pdf 262.5KB Hancock Creek USGS Map.pdf 294.4KB WO7252971_Final_Project Drawings (Hancock Creek)_AIIAsOne.pdf 6.78MB File must be PDF or KMZ Comments The following files are attached: - Project Plans - Hancock Creek Soils Map USGS Map Email Confirmation - 401 Pre -Filing Meeting Request 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:* Dale E. McFarland, PE - Environmental Affairs Officer Signature Date 3/8/2023