20230755 Ver 1_ePCN Application_20230427

DWR
Division of Water 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:
4/24/2023
BIMS # Assigned
20230755
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:[e-mail]
Information for Initial Review
la. Name of project:
US Coast Guard Station Oak Island Maintenance Dredging
1a. Who is the Primary Contact?*
Greg DeVan
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/27/2023
Nearest Body of Water
Elizabeth River
Basin
Cape Fear
Water Classification
SA, HOW
Site Coordinates
Latitude:
33.893383
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
Yes No
Longitude:
-78.033647
Version#*
1
Reviewing Office`
Wilmington Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
a
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)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permits) 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):
16 and 23
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
fig. 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
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1i. Is the project located within a INC 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. Nari on recorded deed:
US Federal Government
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1240 East Ninth Street
Address Line 2
City
Cleveland
Postal / Zip Code
44199
Stale / Province / Region
Ohio
Country
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
John Policarpo
4b. Business Name:
US Army Corps of Engineers
4c.Address
Street Address
69 Darlington Avenue
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Caswell Beach
2. Project Identification
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number
2a. Property Identification Number: 2b. Property size:
2c. Project Address
Street Address
300 Caswell Beach Road
Address Line 2
City
State / Province / Region
Oak Island
North Carolina
Postal / Zip Code
Country
28465
United States
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, HOW
3c. What river basin(s) is your project located it *
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050802
4. Project Description and History
O

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:*
USCG Station Oak Island is located within the Town of Caswell Beach and west of the mouth of the Cape Fear River, 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 (MLLW), with 2-feet of allowable overdepth, to -11
feet MLLW. 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 EA dated April 2005; FONSI dated July 2005
Obtained Nationwide Permits 16 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 16 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:
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 (MLLW), with an allowable overdepth dredge to -11.0 feet MLLW. All dredged material, estimated to be no more than 25,000 cubic yards (CY), will
be pumped via pipeline to Disposal Area (DA) 277. Any effluent from the DA would be discharged by spillway pipe into the Atlantic Intracoastal Waterway (AIWW), in compliance with DWR
General Certification 4248 (Return Water from Upland Contained Disposal 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 6-month window. The estimated quantity of material to be dredged during FY24 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 O Unknown
Comments:
PJD 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:
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?
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
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Dredging
Maintenance
T
Elizabeth River 11
Dredging
Estuary
20.80
DA277
Dewatering
T
AIWW
Dewatering
Estuary
0.10
Pipeline
Access
T
Elizabeth Rrver&AIWW
Dredging
Estuary
0.23

4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
21.13 0.00
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 AIWW from established upland
DA 277 will be in compliance with NCDWR 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.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
To 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 DA 277. If turbidity exceeds 25 nephelometric turbidity units (NTUs), 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.
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
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 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:
This is a maintenance dredging project in an existing channel and boat basin; no development is proposed.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) land? *
Yes No
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
NEPA documentation was conducted in 2005 and a FONSI 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)? *
a
Q
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.
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 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 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
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, USFWS' 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 O Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
Past coordination with NMFS, including an EFH Assessment, had been completed with a conclusion of no substantial adverse impacts.
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?
Review of available SHPO data sources on the regulatory viewer and best professional judgement based on experience.
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:
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
0
u
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 flies here to attach document
NWP 16 & 23 Complete Application.pdf 14.27MB
File must be PDF or KMZ
Comments
The Corps has conducted and attached an environmental assessment of relevant regulatory rules. The project plans are also attached. NCDWRs application fee will be submitted when
prompted.
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:
John N. Policarpo
Signature
O&ff ew. to
Date
4/27/2023
L