20150932 Ver 1_401 Application_20150915

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF September 4, 2015
Environmental Resources Section
Ms. Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
Dear Ms. Higgins:
S
SE ��D
F092 015 i
DENR • WATER RESOIRCES
401 8 BUFFER PERMITTING
The purpose of this letter is to request North Carolina Division of Water Resources concurrence with
applicability of General Certification (GC) No. 3885 regarding the emergency protection of a municipal
wastewater lagoon (Lagoon No. 1) located adjacent to Contentnea Creek in the Town of Hookerton,
North Carolina. This proposed project would be constructed under the authority of Section 14 of the
Flood Control Act of 1946, as amended. The Section 14 program exists to protect public facilities which
provide essential public services and are experiencing imminent threat of damage or failure due to natural
erosion processes on streambanks and shorelines.
The proposed project includes placement of a layer of stone (riprap) over a layer of bedding stone
along approximately 550 linear feet of streambank and extending for a distance of approximately 40 -50
feet from the top of the existing streambank in the oxbow bend of Contentnea Creek adjacent to Lagoon
No. 1 of the Hookerton wastewater treatment plant. The streambank would be cleared and graded to a
1.5H:1V to 2H:1 V slope (depending on segment) for placement of the streambank slope protection
measures. Below the ordinary high water line, backfill material consisting of North Carolina Department
of Transportation (DOT) No. 57 stone would be placed over a geotextile layer, graded, and compacted as
required to provide a smooth sloped surface for the placement of additional stone. Above the ordinary
high water line, backfill material consisting of satisfactory fill (earth) material would be placed on the
existing cleared streambank, graded, and compacted as required to provide a smooth sloped surface for
placement of the stone slope protection. The streambank slope protection measures would consist of a
12 -inch layer of bedding stone (DOT No. 57 stone) and a 27 -inch thick layer of DOT Class II riprap
placed over a layer of geotextile and graded fill slope. Toe protection will be placed along the toe of the
stream bottom. The stone toe protection will be placed approximately eleven (11) feet to eighteen (18)
feet from the toe and to a height of approximately 3 feet above the stream bottom. Materials staging
would take place in previously disturbed areas. Vegetative clearing not to exceed one acre may be
required to accommodate necessary equipment and to allow for proper construction of protection
measures.
The proposed project would provide protection for Lagoon No. 1 of the Hookerton wastewater
treatment plant and prevent the discharge of between 2.5 and 3.6 million gallons of raw sewage directly
into Contentnea Creek, should dike failure occur. Stop -gap measures (completed by the State of North
Carolina), which include streambank riprap placement across —50 linear feet of most severe erosion and
are currently in place in anticipation of more robust, Corps- constructed measures to follow.
Work would be conducted in accordance with current environmental windows, to the extent
practicable. An in -water construction moratorium spanning February 15 - June 30 has been established to
ensure uninterrupted use of water bodies known to be seasonally inhabited by anadromous fishes.

-2-
Contentnea Creek, which includes the proposed project area, is subject to this moratorium. The Corps has
been in communication with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and
North Carolina Wildlife Resources Commission regarding use of Contentnea Creek by anadromous
fishes, and proposed in -water construction activity. Should resources be available to begin in -water
construction prior to June 30, 2016, the Corps will coordinate with the above - mentioned resource
agencies regarding anadromous fish activity in the proposed project area and adjust construction
schedules accordingly. The proposed action will not impact submerged aquatic vegetation or other
essential fish habitat, will not incorporate contaminated sediments, and, with the exception of the
Northern Long -eared bat which will not be affected by the proposed action, may affect but is not likely to
adversely affect federal or State listed threatened or endangered species, or other species of concern
which include the Red - cockaded woodpecker, American eel, Carolina madtom, and Pinewoods shiner.
The proposed project's length of 550 linear feet slightly exceeds the 500 -foot length limit described
within conditions of Corps' Regulatory Nationwide Permit (NWP) No. 13; however, because this
proposed project involves limited stabilization of a highly eroded streambank, and is of an emergency
nature, it is of the Corps' opinion that the proposed project complies with GC No. 3885. It should be
noted that since the Corps does not permit itself, a NWP No. 13 will not be required for this action. An
Environmental Assessment associated with the proposed action is currently available for public review
and can be found at:
lhttp : / /ww,�4.saw.usace.armv.mil/M iss [on s/ WaterMana(T ementMultiPurnoseReservoirs /Hookerton,NCSect]
on 14.aspx
Following the conclusion of a 30 -day public review period, either an Environmental Impact
Statement or Finding of No Significant Impact will be written. This document will be provided to your
office upon its completion.
The Corps is requesting written concurrence with applicability of GC No. 3885 for the above -
described proposed project. Enclosed are 5 copies of the Pre - Construction Notification that further
identifies and explains the proposed project. Also, enclosed is a check in the amount of $240.
Thank you for your attention to this matter. Should you have any questions or require additional
information, please contact Mr. Justin Bashaw of my staff by at telephone [phone] or by email at
justin.p.bashaw @usace.army.mil.
Sincerely,
Jennifer Owens
Chief, Environmental Resources Section
Enclosures

►e. OF W ATF9
Office Use Only: rr "�
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ti Corps action jD�no J
i i 2 0 5 p �t W
o c 9 3 2 DWQ project no.
Form Version 1.�4rJa
Pre - Construction Notification (PCN) Form SEP p
9 2015 i
A. Applicant Information I)ENR- WATERRESO1Ja
1. Processing T1 G f
1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No I
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit:
because written approval is not required? 401 Certification.
❑ Yes ❑X No ❑ Yes ❑X 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 ❑ Yes ❑X No
or in -lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ❑X No 1
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? I ❑ Yes ❑ No
2. Project Information
2a Name of project- Hookerton, NC Section 14 Emergency Streambank and Shoreline Protection Project
2b. County. Greene
2c. Nearest municipality / town: Hookerton
2d. Subdivision name:
2e. NCDOT only, T.I.P or state project no
3. Owner Information
3a. Name(s) on Recorded Deed: Town of Hookerton, NC
3b. Deed Book and Page No.
3c Responsible Party (for LLC if l
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

Page 2 of 10
4.
Applicant Information
(if different from owner) '
4a
Applicant is:
❑ Agent ❑X Other, specify: Federal Government
4b.
Name:
4c.
Business name
(if applicable):
US Army Corps of Engineers, Wilmington District
4d.
Street address:
69 Darlington Avenue
4e.
City, state, zip:
Wilmington, NC 28403
4f.
Telephone no
910 -251 -4757
4g.
Fax no.:
910 -251 -4744
4h.
Email address.
jennifer.l.owens @usace.army.mil
S.
Agent/Consultant Information
(if applicable)
5a.
Name:
5b.
Business name
(if applicable):
5c
Street address:
5d.
City, state, zip -
5e.
Telephone no.:
5f.
Fax no.:
5g.
Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 1 4611946879
1 b. Site coordinates (in decimal degrees): Latitude- 35.428476 Longitude: - 77.589927
1c. Property size:
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water
2c. River basin:
30 acres
Contentnea Creek
C
Neuse
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 dike at Lagoon #1 (Lagoon) of the Hookerton, NC Waste Water Treatment Plant is in danger of failure due to Contentnea Creek streambank
erosion, nearest the Lagoon. Currently, stop -gap bank protection measures are in place across the 50 linear ft of most severe erosion, in anticipation
of the proposed action. Stop -gap measures were not constructed by the Corps and will be removed prior to installation of the Corps project.
3b. List the total estimated acreage of all existing wetlands on the property- 0 I
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 700
3d. Explain the purpose of the proposed project:
Protection of Lagoon #1 of of the Hookerton, NC Waste Water Treatment Plant Should the dike of Lagoon #1 fail due to continued Contentnea Creek
©I
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project includes placement of a layer of stone (Rip Rap) over a layer of bedding stone along approximately 550 linear feet of streambank
I±
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ❑ No ❑X Unknown
Corps or State been requested or obtained for this property / Comments -
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
of determination was made? F-1 Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company:
Name (if known): Other-
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a Have permits or certifications been requested or obtained for ❑X Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
GP 197800080 issued 14January2015 for placement of riprap along 50 linear feet of eroding highground shoreline. Permit was issued for an emergenc
6. Future Project Plans
6a. Is this a phased project?
6b. If yes, explain.
❑ Yes ❑X No
Page 3 of 10
PCN Form - Version 1 4 January 2009
i

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams —tributaries ❑X Buffers ❑ Open Waters
❑ Pond Construction
2. Wetland Impacts
3b.
3c.
3d.
3e.
If there are wetland impacts proposed on the site,
then complete this question for each wetland area impacted.
Stream impact
2a. 2b.
2c.
Perennial (PER) or
2d. 2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested Type of jurisdiction
Area of
number
stream
length
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary (T)
W1
feet)
Choose one
Stabilization
Choose one
Yes /No -
Corps
W2 -
550
Choose one
Excavation
Choose one
Yes /No
Corps
W3
550
Choose one
Fill
Choose one
Yes /No
Corps
W4
Choose one
S4 T
Choose one
Yes /No
PER
W5
Choose one
550
Choose one
Yes /No -
W6
Choose one
Choose one
Yes /No
Choose one
-
2g. Total Wetland Impacts:
2h. Comments:
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 (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Stabilization
Contentnea Creek
PER
Corps
100
550
S2 P
Excavation
Contentnea Creek
PER
Corps
100
550
S3 P
Fill
Contentnea Creek
PER
Corps
100
550
S4 T
Type In (Other)
Contentnea Creek
PER
Corps
100
550
S5
Choose one
-
S6
Choose one
-
3h. Total stream and tributary impacts 550
31. Comments:
S4 - Other impacts refer to temporary elevations in turbidity, to be contained within NCDOT Type 2 turbidity curtain
Page 4 of 10
PCN Form — Version 1.4 January 2009

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.
impacts
4a. 4b 4c.
4d. 4e.
Open water Name of waterbody
impact number (if applicable)
Type of impact Waterbody Area of impact (acres)
Permanent (P) or
type
Temporary (T)
6e. 6f.
01
Choose one Choose
O2
Choose one Choose
O3
Choose one Choose
04
mitigation
Choose one Choose
impact
4f. Total open water impacts
4g. Comments:
(square
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c.
Pond ID number Proposed use or Wetland Impacts (acres)
purpose of pond
P1
P2
5g. Comments-
Choose one
Choose one
5f Total:
5d.
5e.
Stream Impacts (feet) Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no:
51 Expected pond surface area (acres)- 1
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, tl-en you MUST fill out Section D of this form.
6a. Project is in which protected basin? ❑X Neuse ❑ Tar - Pamlico ❑ Catawba
❑ Randleman
❑ Other:
6b. 6c. 6d.
6e. 6f.
6g.
Buffer Impact Reason for impact Stream name
Buffer
Zone 1
Zone 2
number —
mitigation
impact
impact
Permanent (P) or
required?
(square
(square
Temporary (T)
feet)
feet)
B1 P Clearing and Grading Contentnea Creek
No
43,560
B2 Yes /No I
B3 Yes /No
B4 Yes /No
B5 - Yes /No
B6 - Yes /No
6h. Total Buffer Impacts:
6i. Comments: Vegetative clearing not to exceed one acre may be required to accommodate necessary equipment and to allow for proper
construction of protection measures
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Vegetative clearing will only occur as necessary and is not expected to exceed 1 acre (43,560 sq ft). Vegetative clearing may be required to
accommodate necessary equipment and to allow for proper construction of protection measures
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction equipment will, to the extent practicable, utilize currently cleared areas during construction. Additionally, in areas in which protective
measures will be placed, existing vegetation will remain unless removal is necessary to accommodate the project No unnecessary vegetative clearing
will occur.
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 ❑X 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
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank.
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one 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: Choose one
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
4h. Comments:
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.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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 0 Yes ❑ No
buffer mitigation?
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 Streambank protection 21,780 3 (2 for Catawba) 0
Zone 2 Staging Area /Accommodation of 21,780 1.5 0
Construction Equipment
6f. Total buffer mitigation required: I 0
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).
In accordance with http- / /ncrules.state.nc us/ ncac/ title% 2015a% 20-% 20environment %20and %20natural %20resources /chapter %2002 %20 -%
20environmental% 20management/ subchapter %20b /15a %20ncac %2002b %20 0233.html, streambank stabilization is an allowable activity in the
Neuse River Basin Buffer mitigation is not required
For Zones 1 and 2 combined, impacts are not expected to exceed 1 acre (43,560 sq ft) Following construction, disturbed areas are
6h. Comments' expectede to be stabilized through grass seeding, then allowed to naturally regenerate
Page 7 of 10

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 ❑ 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.
In accordance with http: / /ncrules state nc. us/ ncac / title% 2015a% 20- 0 /o20environment %20and %20natural
%20resources/ chapter% 2002% 20- %20environmental %20management/ subchapter %20b /15a %20ncac% ❑ Yes ❑X No
2002b %20.0233.html, streambank stabilization is an allowable activity in the Neuse River Basin
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 10%
2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The only impervious areas in the project area will remain unaffected by the proposed project No additional impervious surfaces will be constructed
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project9
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply).
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply)-
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
5b. Have all of the 401 Unit submittal requirements been met?
Town of Hookerton. NC
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑
X Other- none
❑ Yes ❑ No
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006 -246
❑Other:
❑ Yes ❑ No
❑X Yes ❑ No
X❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the 0 Yes ❑ No
use of public (federal /state) land?
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 ❑Q Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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.) EA is currently being routed through State clearinghouse Upon conclusion of the ❑ Yes X❑ No
Comments: public review period, either an EIS or FONSI will be written and provided to DWR.
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 ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application? El Yes ❑X 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 ❑X 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
N/A the proposed project, or available capacity of the subject facility
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑x Yes ❑ No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted. Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
http / /www fws gov /raleigh /species /cntylist/greene html, http Hecos fws gov /crithab /, and communication with Mr John Ellis (USFWS)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http / /www habitat noaa gov /efhmapper/ and communication with Mr Fritz Rohde (NMFS)
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 X❑ 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?
http: / /gis.ncdcr.gov /hpoweb/ and communication with Ms. Dolores Hall (NC SHPO).
8. Flood Zone Designation (Corps Requirement)
8a. WIII this project occur in a FEMA- designated 100 -year floodplain?
8b. If yes, explain how project meets FEMA requirements:
The proposed project will not affect the base flood, 100 -yr elevation of the project area
8c. What source(s) did you use to make the floodplain determination?
http / /www ncfloodmaps com/
Jennifer Owens
❑X Yes
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
■ =
Date