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HomeMy WebLinkAbout20071500 Ver 4_ePCN Application_20240403DWR 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# * 20071500 4 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Michael Meilinger:Michael.Meilinger Information for Initial Review 1a. Name of project: The Coastal Yacht Hangar 1a. Who is the Primary Contact?* Scarleh Henson - Davey Resource Group 1b. Primary Contact Email: * scarleft.henson@davey.com Date Submitted 4/3/2024 Nearest Body of Water Core Creek (Intracoastal Waterway Adams Creek Canal) Basin White Oak Water Classification SA;HQW Site Coordinates Latitude: 34.801031 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Carteret Is this a NCDMS Project Yes No Longitude: -76.683722 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)452-0001 0 `1 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 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 Regional General Permit (RGP) Number: RGP Numbers (for multiple RGPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 198000291 - CAMA (NC Coastal Area Management Act) 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 1i. 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: The Coastal Yacht Hangar LLC 2b. Deed book and page no.: 1110-375 2c. Contact Person: Richard McGough 2d.Address Street Address 362 Tyler Drive Address Line 2 City State / Province / Region Clearbrook VA Postal / Zip Code Country 22624 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (540)327-6713 2g. Email Address:* rickmcgough@gmail.com 2a. Name(s) on recorded deed: The Coastal Yacht Hangar LLC 2b. Deed book and page no.: 1110-375 2c. Contact Person: Alton Herndon 2d.Address Street Address 362 Tyler Drive Address Line 2 city State / Province / Region Clearbrook VA Postal / Zip Code Country 22624 USA 2e. Telephone Number: 2f. Fax Number: (540)327-6713 2g. Email Address: altonherndon@yahoo.com 4. Agent/Consultant (if applicable) 4a. Name: Scarlett Henson 4b. Business Name: Davey Resource Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 4d. Telephone Number: 4e. Fax Number: (910)452-0001 4f. Email Address:* scarieft.henson@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Beaufort 2. Project Identification 2a. Property Identification Number: 2b. Property size: 639904503728000 -29 2c. Project Address Street Address 1301 Sensation Weigh Address Line 2 City State / Province / Region Beaufort NC Postal / Zip Code Country 28516 USA O 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Core Creek (Intracoastal Waterway Adams Creek Canal) 3b. Water Resources Classification of nearest receiving water:" SA:HQW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203010405 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 site is located within the Jarrett Bay Marine Industrial Park and is an active construction site. A construction entrance and silt fence have been installed and vegetation clearing has begun. Wetlands are present around most of the outer edges of the site and the center and northern portion of the property is mostly uplands. Wetlands impacts were permitted in 2016 under the previous general permit but have not yet been installed. The northern neighbors are a boat repair facility and marina, and to the northeast, are another boat repair facility and a granite supplier. The property sits on the intersection of Core Creek (AIWW) and Eastman Creek, so most of the property boundary is shoreline. 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). SAW-2007-02987, DWQ 071500, CAMA 5-08 4f. List the total estimated acreage of all existing wetlands on the property: -17 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: The purpose of this project is to provide safe navigation and access to the water to the Beaufort and neighboring communities. The proposed wetland impacts and dredging were previously permitted under a GP 291 and 401 WQC, and this is a renewal of that plan. There are no changes in design. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project details have not changed from the previous GP 291 & 401 WQC. The 7.81 ac of dredging will be divided into four subsections with differing bottom basin elevations. The southern most portion will be excavated to -4 It MLW. The largest section central in the footprint will be dredged to -8 ft MLW. There are two smaller subsections in the northernmost portion of the dredge area and these will be excavated to -9 It MLW and -10 It MLW. The 30-wet slip docking facility has not changed from what was previously permitted. The upland work also has no change from the last permitted plan. It includes a series of upland retaining walls, parking for guests and amenities such as a clubhouse, pool, on -site shop, etc. Other buildings will provide space for vessel maintenance, offices and other necessary areas to maintain the facility. Sediment and erosion control measures will be put in place. The limits of disturbance will be cleared of vegetation. The access road and utilities will be installed. Once roads and utilities are installed, building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. For the excavation, typical dock construction and bucket to barge equipment, backhoe, excavator, barge and bobcat/bulldozer will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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: SAW-2007-02987 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Atlantic Coast Professional Surveying, P.A. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2007-02987, issued on January 29, 2015. 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? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers I 2a1 Reason (?) 2b. Impact type" (?) 2c. Type of W." 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * ?) �2g. Impact area W1 Site Development P ��n-RiverineFores Swamp t N/A Yes Both 0.490 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.490 2i. Comments: 4. Open Water Impacts 2g. Total Permanent Wetland Impact 0.490 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area Water navigation access P Core Creek Dredging Tributary 7.81 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 7.81 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 7.81 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: In 2015 and 2016, the plans were modified based on agency comments. The dredge area, shading impacts from docks, and number of slips were significantly reduced. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain a sedimentation and erosion control permit prior to development. 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 2c. If yes, mitigation is required by (check all that apply): D W R Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Bachelors Delight Mitigation Bank O 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.98 3c. Comments 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: Site is located in the White Oak 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: A stormwater permit has been obtained for the project (SW8 071113). 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 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. The project will not provide access or utilities to adjacent tracts. The applicant will obtain stormwater and erosion control permits prior to development to limit impacts to downstream waters. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project will tie into the municipal wastewater treatment system. 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 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? The NC Natural Heritage Program database was reviewed to determine is any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur on the site. The Atlantic Sturgeon is known to occur within one mile of the site. The NOAA Section 7 Mapper was also evaluated. According to their data, several federally listed species may occur within Core Creek and Eastman Creek. Attached is a narrative describing species requirements and potential impacts. 6. Essential Fish Habitat (Corps Requirement) Ga. 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. Please see attached narrative describing avoidance and minimization measures. 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? * The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within the site. 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: The applicant will obtain a FEMA Flood Elevation Certificate from the County prior to construction. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center Website Miscellaneous ,-J 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 CYH Attachments.pdf 7.85MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: O • 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: Scarlett Henson Signature Date 4/3/2024