20240420 Ver 1_ePCN Application_20240315

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20240420 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Garcy Ward:garcy.ward
Information for Initial Review
la. Name of project:
Manns Harbor Shipyard Pile Cluster Repair & Maintenance 2024
1a. Who is the Primary Contact?*
Brian Doliber
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/15/2024
Nearest Body of Water
Spencer Creek
Basin
Pasquotank
Water Classification
SA; HOW
Site Coordinates
Latitude:
35.870068
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Dare
Is this a NCDMS Project
Yes No
Longitude:
-75.755251
Reviewing Office*
Washington Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
O
Is this project a public transportation project?*
Yes No

Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
WBS # (1)
16.71001
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)
1b. 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: 03 - Maintenance
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
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
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 AgentlConsultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
NC DOT
2b. Deed book and page no.:
2c. Contact Person:
Yes No
Yes No

2d. Address
Street Address
159 Lucinda Lane
Address Line 2
City
Powells Point
Postal / Zip Code
27966
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Manns Harbor
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
2a. Property Identification Number:
2b. Property size:
023965000
32.2
2c. Project Address
Street Address
8550 Shipyard Road
Address Line 2
City
State / Province / Region
Manns Harbor
NC
Postal / Zip Code
Country
27953
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Spencer Creek
3b. Water Resources Classification of nearest receiving water:
SA: HQW
3c. What river basins) is your project located in?*
Pasquotank
3d. Please provide the 12-digit HUC in which the project is located.
030102051406
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: *
The Manns Harbor Shipyard exists to serve the Ferry Division in providing a location for all credit dry docks and many major repairs to the ferries. There are administrative offices, a
warehouse and multiple shops located in different buildings. There are also many outbuildings used for storage. It is the Ferry Division's largest facility and employs the most personnel.
The property also has a dredge spoil site and infiltration basin. 23.4 acres are commercial and 8.8 are marsh acreage.
Maintaining the pile clusters around the bulkhead and Syncrolift is critical for ensuring vessels can enter and exit the Shipyard basin safely.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
Perform maintenance and repair on 7 existing pile clusters and install two new 24" steel tube piles. These actions will allow vessels to continue to be able to enter and exit the facility
safely.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The North Carolina Department of Transportation (NCDOT) Ferry Division is requesting authorization to perform maintenance and repair on seven pile clusters, and install two new piles,
at the Manns Harbor Shipyard. The Skyco Crane Barge that is used to remove and install piles throughout the Ferry Division is currently undergoing repairs at the Shipyard that are
scheduled to be completed in mid -March. There are a number of pile clusters adjacent to the Syncrolift that are in very poor condition. These need to be repaired or replaced to allow
vessels to safely navigate to and from the Syncrolift, and the docking area immediately east of the Syncrolift.
Pile clusters DSY438, DSY439, and DSY445 abut the bulkhead and currently consist of multiple wooden piles. These would be replaced with single 24" steel tube piles that would be
located within the same footprint. Pile clusters DSY440, DSY 441, and DSY442 currently consist of a 24" steel tube pile with multiple wooden pilings surrounding and secured to the steel
tube. These pile clusters would be completely removed and replaced in kind within the same footprint. Pile cluster DSY443 currently consists of multiple wooden pilings. Two of the existing
piles would be removed and replaced with two new wooden piles of equal size within the same footprint. Two new 24" steel tube piles would be installed along the bulkhead to the east of
the Syncrolift. This area serves as a tie-up slip for vessels and more protection is needed for both the bulkhead and the vessels. No piles currently exist at the location where these two
steel piles are proposed.
A vibratory hammer, along with a clamshell bucket, will be utilized to remove and install all piles.
This work would begin in early April 2024 and be completed by early May 2024. The moratorium for Spencer Creek runs from February 1-October 31 so moratorium relief was requested
from the resource agencies. Their responses are attached to this request. The NC WRC and the NMFS have jurisdiction in Spencer Creek, but our plans were also sent to the US FWS
and NC DMF.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No G Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
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?
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
Shipyard Basin
Pile Removal & Install
P
Spencer Creek
Other
_11
Tributary
0.06
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.06
4g. Total open water impacts:
0.06
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
O
O

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
SOW established is the minimum to ensure safe navigation and mooring within the basin.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The vibratory hammer and clamshell bucket method of pile removal & install has minimal impacts outside of the immediate work area.
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:
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:
In water work in Pasquotank River 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:
NA
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
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: *
Maintenance & repair in existing ferry basin
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.
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 Unknown
What Federal Agency is involved?
US NMFS
5e. Is this a DOT project located within Division's 1-8?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Consulted NC DMF, NC WRC, US NMFS and US FWS regarding work in existing ferry basin.
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?
NOAA EFH Mapper, online documentation, coordination with resource agencies
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?
Currently permitted. http://gis.ncdcr.gov/hypoweb/
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:
8c. What source(s) did you use to make the floodplain determination?
https://msc.fema.gov/portal/search
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
Shipyard Pile Work -Location Maps.pdf
761.83KB
CAMA Permit 12-87- Pile Maintenance, Repair & Install.pdf
187.5KB
NC WRC Response on Moratorium Relief 3-05-24.pdf
234.25KB
NMFS Response on Moratorium Relief 2-28-24.pdf
264.38KB
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:
Brian Doliber
Q

Signature
�'t�irr,K/OtlC: t
Date
3/15/2024