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HomeMy WebLinkAbout20160852 Ver 1_401 Application_20160831COURTESY - COPY .. 0 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director August 25, 2016 NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 201 60 852 RE: PCN for NWP1 at NCWRC's Taylor Creek No Wake Zone, Carteret County, NC Dear Sir or Madam: The North Carolina Wildlife Resources Commission is applying for permits to install 2 new floating No Wake Zone buoys at the eastern end of Taylor Creek in Beaufort, Carteret County, NC. This project will require a CAMA Major Permit and USACE has requested a PCN also be submitted for the record for NWP 1. Enclosed is the PCN, site plan, and location map. If you need additional information to complete your review, please contact me at sara.sherman(o-)ncwildlife.org or 919-707-0164. Sincerely, sv_� Sara Sherman Project Engineer SS Enclosures @ [21 OWED ___J FAUG 3 1 2016 Mailing Address: N.C. Wildlife Resources Commission • 1720 Mail Service Center • Raleigh NC 27699-1701 Telephone: (919) 707-0150 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑X Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? NX Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑X Yes ❑ No For the record only for Corps Permit: ❑X Yes ❑ 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 or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑x Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Taylor Creek No Wake Zone Markers 2b. County: Carteret 2c. Nearest municipality / town: Beaufort 2d. Subdivision name: NIA 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: State of North Carolina (submerged bottom), Waters of the United States 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if 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 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent © Other, specify: government agency 4b. Name: NC Wildlife Resources Commission - Sara Sherman 4c. Business name (if applicable): 4d. Street address: 1720 Mail Service Center 4e. City, state, zip: Raleigh, NC 4f. Telephone no.: 919-707-0164 4g. Fax no.: 919-707-0162 4h. Email address: sara.sherman@ncwildlife.org 5. Agent/Consultant Information (if applicable) 5a. Name: N/A 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): N/A 1 b. Site coordinates (in decimal degrees): I Latitude: 34.70762 Longitude: 76.61784 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Taylor Creek 2b. Water Quality Classification of nearest receiving water: SC 2c. River basin: White Oak 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: Taylor Creek is a heavily traveled waterway in Beaufort, Carteret County. There is a 100' -wide US Army Corps Federal Navigation Channel. The north bank is densely lined with docks and boat slips. The south bank is undeveloped Carrot Island. 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: see attached 3e. Describe the overall project in detail, including the type of equipment to be used: see attached 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑ Yes ❑X No ❑ Unknown Comments: In water - no wetlands 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: 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 this project (including all prior phases) in the past? ❑Yes ❑ No Q Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams — tributaries ❑ Buffers ❑X Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. . Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 39• Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 31. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of If there are proposed the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water impact number Name of waterbody (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T 01 P Taylor Creek Other Other 0.000046 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.000046 4g. Comments: mpa reflect e c uoy -impacting Dare oo a e or each concrete and or o 5. Pond or Lake Construction If Pond or lake construction Proposed, the complete the chart below. 5a. 5b. 5c. 5d, 5e. Pond ID number Proposed use or Wetiand Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 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 miti ation then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba [❑ Randleman ❑ Other: 6b. Buffer Impact 6c. Reason for impact 6d. Stream name 6e. Buffer 6f. Zone 1 6g. Zone 2 number - mitigation impact impact Permanent (P) or required? (square (square Temporary T feet) feet B1 - Yes/No B2 Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Nage b of i u D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts are minimized by proposing floating buoys that can be placed in the water by simply dropping instead of choosing a marker sign that would require 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Buoys and anchors will be assembled off-site and the only disturbance in the work area is placement. 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 ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option 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: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: 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 buffer mitigation? E] Yes Q No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 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). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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 ❑X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 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: Project is in-water and does not create any upland development or impervious surfaces. 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 localgovernment's jurisdiction is thisproject? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW E] Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ ❑X No environmental document pursuant to the requirements of the National or State Yes (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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 El Yes E] No letter.) Comments: 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, El Yes Q No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. is this an after -the -fact permit application? ❑ 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 Q 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 the pro osed pro�ect, or available capacity of the subject facility. Mite NIA - no was ewater generated. 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 Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 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? Submitted location map to USFWS Raleigh office for comments 7/26/2016. No comments received as of 8/25/2016. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑X Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? consulted with NCWRC Habitat Conservation biologist. 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? submitted location map to SHPO for comments 7/26/2016. Received No Comment response. 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 sources). did you use to make the floodplain determination? ncfloodmaps.com NCWRC/Sara Sherman 7/29/2016 Applicant/Agent's Printed Name ppllcant/Agent's Signature (Agent's signature is valid only if an authorization Date letter from the applicant isprovided.) Page 10 of 10 PCN Attachment for Taylor Creek NWZ B -3d The purpose of this project is regulate boat traffic and improve public safety by 2 new No Wake Zone markers at the eastern end of Taylor Creek. This No Wake Zone is regulated by NCWRC and is described in NCAC Chapter 15A -10F .0330-a (2). That text is included with the application. B -3e This project will install 2 new No Wake Zone markers at the eastern end of Taylor Creek, one on each side of the creek. Both markers will be floating buoys. The buoys will have a floating height of 3', a base of 28" diameter, and a 'can' diameter of 1'. The buoys will be anchored with a concrete block weighing 150 pounds. The buoys will be carried to the site by motorboat. NCWRC staff will place the buoys in the water after using GPS equipment to confirm the correct location. The coordinates of the proposed northern buoy are 34142' 28.86" N, 76137' 3.60" W. This location is 20' away from the Federal Navigation Channel and in between 2 existing fixed docks. The coordinates of the proposed southern buoy are 34° 42' 24.75" N, 76° 37'4-75" W. This location is outside of both the Federal Navigation Channel and setback. NCWRC has also coordinated with NC DCM; these markers will also require a CAMA Major Permit. NCWRC will be completing that permit application process concurrently with submitting the PCN. 15A NCAC 10F.0330 CARTERET COUNTY (a) Regulated Areas. This Rule applies to the following waters in Carteret County: (1) the waters of Money Island Slough beginning at the east end of Money Island near the Anchorage Marina Basin and ending at the west end of Money Island where Brooks Avenue dead ends at the slough; (2) the waters of TTayleF—Greek boated within the territorial limits of the Town of Beaufei43 Taylor's Creek in Beaufortshore to shore from where it meets the Newport River at the western end to a line at the eastern end between a point on the north shore at 34.70762 N, 76.61784 W, south- southwest to the eastern tip of Carrot Island. (3) the waters of Pelletier Creek beginning at the entrance to Pelletier Creek at the Intracoastal Waterway and ending at U.S. Highway 70; (4) the waters of Bogue Sound Harbor Channel in Morehead City between Sugar Loaf Island and the seawall on the south side of Evans, Shepard and Shackleford Streets and bounded on the east by the State Ports Authority and on the west by the eastern right-of-way margin of South 13th Street extended; (5) the waters of Gallant's Channel from the US 70 crossing over the Grayden Paul bridge to Taylor's Creek; (6) the waters of Cedar Island Bay and Harbor from N.C. Highway 12 to Cedar Island Bay Channel Light 8; (7) the waters of the small cove on the west side of Radio Island south of Old Causeway Road; (8) the waters of the Newport River beginning at the north side of the Beaufort Drawbridge and ending at marker #6; (9) the waters of Spooners Creek within the territorial limits of the Town of Morehead City as delineated by appropriate markers;(10) the water-s of Taylor's Gfeek ftom the eastern end of the our-Fent wake zone MaF •er #4-A--, ( 10 the waters of the Newport River at Bogue Sound including all waters surrounding the Port of Morehead City to Brandt Island as delineated by appropriate markers; l 1 the waters of Morgans Creek as delineated by appropriate markers; 43) 1( 2) the waters of Cannonsgate Marina and the Cannonsgate Marina Channel, beginning at its intersection with Bogue Sound at 34.70163 N, 76.98157 W as delineated by appropriate markers; and (44j 13 the waters of the Newport River within 200 yards of the Newport River Beach Access Boat Ramp, beginning at the shore north of the U.S. 70 bridge at a point at 34.72141 N, 76.68707 W, west to a point at 34.72128 N, 76.68893 W, north to a point at 34.72376 N, 76.68911 N, then east to the shore at 34.72371 N, 76.68631 W.. (b) Speed Limit. It is unlawful to operate a motorboat or vessel at a speed greater than no-wake speed while on the waters of the regulated areas designated in Paragraph (a) of this Rule. (c) Placement and Maintenance of Markers. The Board of Commissioners of Carteret County, with respect to the regulated areas designated in Subparagraphs (1), (3), (5), (6), (7), (8), (44+, (4-2) 11 and (13) (12) of Paragraph (a) of this Rule, and the Board of Commissioners of the Town of Beaufort, with respect to the regulated area designated in Subparagraph (2) of Paragraph (a) of this Rule, and the Board of Commissioners of Morehead City, with respect to Subparagraph (4), (9), and (-) 4) (113) of Paragraph (a) of this Rule, and the North Carolina State Ports Authority, with respect to the regulated area designated in Subparagraph (M fU0 of Paragraph (a) of this Rule are designated as suitable agencies for placement and maintenance of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers. History Note: Authority G.S. 75A-3; 75A-15; Eff. March 4, 1979; Amended Eff. October 1, 1997; Allay 1, 1995; June 1, 1994; February 1, 1994; July 1, 1993; Temporary Amendment Eff. February 1, 1998; Amended Ef. . July 1, 1998; Temporaty Amendment Eff. March 1, 1999; November 1, 1998; Amended E, . July 1, 2012; September 1, 2010; July 1, 2000. Taylor Creek No Wake Zone 2 new No Wake markers proposed at eastern mouth of creek mo _ ✓ih �l Steep point RA 170 9h D tol 70 O�� pie n Steep v" Gt .._.__._._... LULATIUN Ra* ew ^- North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Office of Archives and History Secretary Susan Kluttz Deputy Secretary Kevin Cherry August 12, 2016 MEMORANDUM TO: Sara Sherman Division of Engineering & Lands Management NC Wildlife Resources Commission FROM: Ramona M. BartosP,%+utja' IA.�uAvc.:. SUBJECT: Taylor Creek No Wake Zone, Carteret County, GS 16-1379 Thank you for your letter of July 26, 2016, concerning the above -referenced project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. These comments are made in accord with G.S. 121-12(a) and Executive Order XVI. If you have questions regarding them, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewkncdcr. og_v. In all future communication concerning this project, please cite the above -referenced tracking number. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Z O U l. - LQ Z 2 W 22 O W U U W Z Q U On (O Z N W J W Q WaCWZ 19 �zw0 p U Q o --- W W U W U 2 O N m r - Z 0 co o J Z W O O W Zo 76 W J = I _ Q O Q O v UZ�LLI ajm c C SOaJJQ O iC a- LCL,, 3 0— z p 36" `�~o M: za ` OF f 10 z¢ i V ¢ u I l 38" W Z O N W Y Q Cz w o w Q m U O J Q 1'x1' concrete block anchor (150 pounds) Roylan Bouy Model B5CPRSW 38" diameter collar 19" diameter can Date: 8/10/2016 File Name: 36" height over water level to lorcreeknwz.dvvg Surveyed: Designed: Drawn: SJS ' Approved: Sheet No. 8.0