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HomeMy WebLinkAbout20160857 Ver 1_Deemed Issued - No Letter Written_20160808UNITED STATES MARINE CORPS MARINE CORPS AIR STATION POSTAL SERVICE CENTER BOX 8003 CHERRY POINT, NORTH CAROLINA 28533-0003 CERTIFIED MAIL: RETURN RECEIPT REQUESTED: 70153010000071492291 IN REPLY REFER TO: 5090/18540 LN July 28, 2016 North Carolina Department of Environmental Quality ATTN: Mrs. Jennifer Burdette Division of Water Resources AUG 0 8 2016 1617 Mail Service Center Raleigh, NC 27699-1617 D Dear Mrs. Burdette: Marine Corps Air Station (MCAS) Cherry Point is preparing two former U.S. Coast Guard patrol boats, the 110' CGC KNIGHT ISLAND and the 110' CGC KODIAK ISLAND as replacement targets at the Bombing Target 9 (BT -9) (Brandt Island Shoal) target area in the Pamlico Sound. We intend to deploy the vessels within the 642' by 262' target/maintenance area described in the 25 July 1967 Special Use Agreement for the BT -9 Target Area. As described in a letter dated 16 July 2015, a Hazardous Materials Survey was conducted on each vessel. No PCBs, Lead Based Paint, Asbestos, or Radioactive materials were found on either vessel. Additionally, both vessels have been cleaned to the extent described below: 1.All petroleum products and oils were removed. All oil containing equipment were removed or oil reservoirs drained and triple - rinsed. 2.All refrigerants were removed. 3.All wood, fiberglass, rubber, cork, and other materials which could reasonably be expected to become floating debris were removed. 4.Removed all light bulbs, lamps, and ballasts. 5.All items containing mercury were removed. Please find enclosed, one copy of the Pre -Construction Notification (PCN) form and associated figures for notification purposes. Copies of the PCN have been sent to the USACE for their approval of the Section 10 permit. If you should require any additional information on this package or wish to discuss the project, please do not hesitate to contact Jessica Guilianelli of the Environmental Affairs Department at (252) 466-4826 or jessica.guilianelli@usmc.mil. Sincerely, G. WRAD Env i�ecteUioAffthe nmf'By Commanding Officer rs Officer Enclosure: Pre -Construction Notification Form and corresponding figure (1 Copy) "`o A r�' r� � � -� o��a�sr,� 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 ection 10 Perm T 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? 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 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: 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 No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. es No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: BT -9 Target Replacement and Passive Acoustic Monitoring Upgrades 2b. County: Pamlico 2c. Nearest municipality / town: Hobucken 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Marine Corps Air Station Cherry Point 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): George Radford 3d. Street address: PSC 8006 Bldg 4223 Access Road 3e. City, state, zip: Cherry Point, NC 28533 3f. Telephone no.: 252-466-4599 3g. Fax no.: 252-466-2000 3h. Email address: eorge.radford@usmc.mil Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. AgenVConsultant 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): 1b. Site coordinates (in decimal degrees): Latitude:35.208333 Longitude: -76.444444 1c. Property size: 18,000 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Pamlico Sound 2b. Water Quality Classification of nearest receiving water: SA;HQW,NSW 2c. River basin: 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: Bombing Target 9 (BT -9), also known as Brant Island Shoal encompasses approximately 18,000 acres, located within the Pamlico Sound. A 3.0 mile radius around the center of the target area denotes the danger zone for this target, and is closed to navigation and personnel at all times, as established by 33 CFR 334.420 and a Special Use Agreement signed 25 July 1967. Additionally, 2 pilings will be installed within the 3 -mi danger zone to accommodate hydrophones for a marine mammal detection (passive acoustic monitoring) unit. These pilings will be marked as per Coast Guard guidance. 3b. List the total estimated acreage of all existing wetlands on the property: N/A - Open Water 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: BT -9 is an integral bombing target that supports the military mission of MCAS Cherry Point. The proposed project will install 2 replacement target vessels within the target/maintenance area in order to continue training operations at BT -9. Currently, the state of the targets is such that they are not as easily detected from aircraft therefore impeding training activities. Additional detection of marine mammals, provided by the passive acoustic monitoring system will allow the USMC additional coverage to comply with the Letter of Authorization issued by the National Marine Fisheries Service for range operations. 3e. Describe the overall project in detail, including the type of equipment to be used: Two shallow -draft tugboats provided by the Army will be utilized to transport the 110' Coast Guard Patrol Boats from MCAS Cherry Point to BT -9. The vessels will be located within the existing target area as close as possible to the existing target remnants. The two pilings will be jetted in place. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Yes No Unknown Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary Final of determination was made? 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 es No Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. The target ships at BT -9 have been replaced on a periodic basis, the most recent iterations in 2008 (2008-00915), 2002 (2002-10169), and 1997 (1997-03899). 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. 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 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 W2 W3 W4 W5 W6 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) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: 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 indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P Pamlico Sound (within CFR Restricted Area) Piling (2) installation Sound 0.00002 02 03 04 4f. Total open water impacts 0.00002 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 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 mitigation, 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 number- Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 B2 B3 B4 B5 B6 6h. Total Buffer Impacts: 6i. Comments: 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. Targets will be replaced within the existing target area. Target vessels have been mitigated of all POLs and potential pollution sources and cleaned to the maximum extent practicable. The minimum number of pilings required (2) will be installed. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Vessels will be towed to BT -9 by shallow -draft vessels and will be located as closely as possible to existing target remnants. Pilings will be jetted in place to reduce potential impacts. 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 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 ro Payment to in -lieu fee ram y program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Type: Type: 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: 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 Yes 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 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified Yes within one of the NC Riparian Buffer Protection Rules? 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? 0 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project is located within Pamlico Sound. 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 project? Phase II 3b. Which of the following locally -implemented stormwater management programs NSW USMP apply (check all that apply): Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 4. DWQ Stormwater Program Review Coastal counties HQW 4a. Which of the following state -implemented stormwater management programs apply ORW (check all that apply): Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 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) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the Yes No use of public (federal/state) land? 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 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.) Yes No 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, Yes No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? Yes 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 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 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 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. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The "Marine Corps Air Station Cherry Point" Integrated Natural Resources Management Plan" was utilized to determine whether any protected species might be present. While it is possible that marine mammals and/or sea turtles may be present in the area, observers will be present to cease work if one is located within the area of work. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat' Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? A 2007 report titled "Essential Fish Habitat Assessment and Study of the MCAS Cherry Point's Areas of Responsibility." Due to the location and minimal open water impacts, it is unexpected that the project will have an effect on EFH. 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 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? 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? G. W. RADFORD / Environmental Affairs Officer By direction of the Commanding Officer qsignatu Yis Applicant/Agent's Printed Name Date nt's yii, nature (Agent's only ifauthorization letter from the pplic provided.) Page 10 of 10