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HomeMy WebLinkAbout20071670 Ver 1_More Info Received_20080407 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Environmental Resources Section North Carolina Division of Water Quality Attention: Ms. Laurie Dennison 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 Dear Ms. Dennison: April 3, 2008 o'1-t~"(a D ~~~ ~~' App ? ~~08 p~µZ.\MATERU pY Raw+~'+ Y AND STORMW Per our telephone conversation this morning, I have enclosed seven copies of the Pre-Construction Notification requesting Water Quality Certification for the discharge of dredged material at the US Coast Guard Station, Emerald Isle, Carteret County, North Carolina. A check for the application, in the amount of $570, was mailed last week. Thank you for your attention to this matter. Should you have any questions, please contact me at telephone 910-251-4636. ~ , _.. Sincerely, -- ~ .~~ i .Feffrey H. Richter Environmental Resources Section Enclosures .~ Office Use Only: Form Version March 0~ USAGE Action ID No. DWQ No. ~ `1 - 1 1~-l ~ ~lr any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ X 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: GC 3629, 3640, and 3650 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: X 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ ~. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: X ~J II. Applicant Information ~ L5 ~l5 a ~/ D 1. Owner/Applicant Information APR 7 200$ Name: US Coast Guard Civil En ineerin Unit o~R-wAr~RQUAu Mailing Address: 1240 E Ninth Street ~~+ Cleveland OH 44199-2060 Contact: Ray Pipak Telephone Number: 216-902-6227 Fax Number: 216-902-6277 E-mail Address: Raymond.A Pipak(a~uscg mil 2. Agent/Consuitant Infoi~nation (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: US Army Corps of Engineers Company Affiliation: Mailing Address: PO Box 1890 Wilmington. NC 28457 ATTN: Jeff Richter Env Resources Section Telephone Number: 910-2~ 1-4636 Fax Number: 910-2~ 1-4744 Updated 11/1/2005 Page 5 of 14 E-mail Address: _ Jeffrey.H.Richter(a~usace.army.mil III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no laxger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold Lentil decipherable maps are provided. 1. Name of project: Maintenance dredging for USCG at Station Emerald Isle 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Carteret Nearest Town: Emerald Isle Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Swansboro o east on NC 24 across White Oak River. Turn R on NC 58 East, cross AIWWBo ue Sound. Turn R on Coast Guard Road After approx 3 miles turn right on Station Road which goes to USCG Station Emerald Isle. Basin is located north of Station. Access channel extends north from basin to AIWW. Beach disposal area is located on west end of Emerald Isle be~mnm~ 1,000 feet east of Bowe Inlet centerline and extending approximately 1 mile to east. Nearshore disposal area is located in Atlantic Ocean off western end of Emerald Isle in approximately 6-10 feet of water Confined upland facilities (DA 60 and 61) most likel~to be used are at confluence of AIWW and Bowe Inlet channel ~. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): see attached N W 6. Property size (acres): Total channel areas is approximately 100 acres 7. Name of nearest receiving body of water: BoQue Sound 8. River Basin: White Oak Updated 11/1/200 Page 6 of 14 (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The USCG Station Emerald Isle facility has been in place since the early 1940s. Basin is a fixed location but access channel follows naturally deep water. Residential property exists around the Station and private docks have been constructed into the channel. Shoaling occurs on a routine basis gradually impeding navigation. Recent survey~August 2007) shows that shoaling in access channel is beginning to pinch at one or more~oints Beach disposal area is routinely used for disposal of beach quality material dredged by Corps of Engineers from AIWW and Bowe Inlet Sidecast dredging performed by Corps of Engineers in adjacent waters (Bogue Inlet) almost every year in between contracted dred~-inQa projects Nearshore disposal area has not been used in recent past. DAs 60 and 61 have been used for disposal of dredged material but have not been used in past 5 years. Recent (May 22 2007) sediment testing shows that material in basin and channel is beach quality sand (less than 10% fine grained sediments). 10. Describe the overall project in detail, including the type of equipment to be used: On an as- needed basis over next 10 years USCG will have maim dredging of basin and access channel performed. Ideally USCG will partner with US Army Corps of Engineers maim hydraulic pipeline dredging contracts in nearby portions of AIWW and/or Bogue Inlet Disposal from these would preferably be on existing federal beach disposal are on west end of Emerald Isle However if material not beach quality sand it would go in a confined upland facility In situations where hydraulic pipeline dredge can't be contracted work could be done by mechanical dredge, with disposal in same location. In between contracted dredge events if shoaling impedes navigation in basin or channel USCG would contract with Corps for use of govt owned dredge plant either Sidecast or special purpose (small shallow-draft hopper with disposal in either adiacent waters (Sidecast) or nearshore (~ecial purpose) area in 6-10 feet of water off western end of Emerald Isle. 11. Explain the purpose of the proposed work: Maintain safe navigation in USCG basin and access channel over next 10 years for~urpose of allowing USCG to execute their mission in area of responsibility. 1~. Priar Projeci ;F3istory If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.LP. project, along with construction schedules. In Dec 2006, USCG received one-time use permit from USACE Regulatory Division for Sidecast dred~inQ of shoals in access channel Disposal areas have been Updated 11/1/2005 Page 7 of 14 routinely used by Corps of Engineers for disposal of dredged material from nearby federally authorized and maintained channels. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Proposed project is planned to occur on an as-needed basis over next 10 years. After 10 years, an extension of the authorization will be requested. Although unlikely, if work outside advertised scope is necessary, additional authorization would be requested VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed maintenance dyed ing of basin and access, with preferable discharge of sandy dredged material on an existing beach disposal area, previously used for the disposal of beach quality material from the the maintenance Bred ing of the AIWW and Bowe Inlet. In certain circumstances disposal could occur in adjacent water (sidecast dredge), in nearshore disposal area (mechanical or special purpose dredgel, or in confined upland facility. If material is not beach quality it would be placed in confined inland facility. Work would occur on an as-needed basis over next 10 years, ideally in conjunction with a contracted Corps of Engineers maintenance dredrin~ project in nearby waters. Quantities to be dredged for each event will be unknown until just prior to dredging event. 2. individually list wetland impacts. Types of impacts include, 'uut are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres). i I Updated 11/1/200 Page8of14 i Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. multiply length X width, then divide by 43,560. Stream Irnpact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredain~, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) ocean, etc.) (acres) Atlantic Ocean Disposal of sandy Sound dredged material Bogue Sound iVlaintenance dredging Sound Total Open Water Impact (acres) * Project area covers ± 100 acres. Dredging would be performed on an as-needed basis in shoaled areas within this project area. Entire 100 acres would not be impacted. 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0 Wetlar_d Isrlpact (acres): 0 Open Water Impact (acres): See * above Total Impact to Waters of the U.S. (acres) See * above Updated 11/1/200 Page 9 of 14 Total Stream Impact (linear feet): See * above 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes X No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Project involves maintenance dredging of existin navigation channels in naturally occurring deep water to the maximum extent practical and disposal within previously authorized disposal areas and/or using methods that have been .determined to have minimal and short-lived impacts. No beach disposal will occur outside the established environmental window of Nov 16 to April 30 unless all resource a~ency approvals are received VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when Updated 11/1/200 Page 10 of 14 necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmaide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation will be constructed as the project involves maintenance dredging and disposal of dredged material in previouslyused areas and/or using methods that have been determined to have minimal and short-lived impacts. To the maximum extent practical, work will occur during times of low biological activity, and sandy material will be returned to the ocean front shoreline. 2. Mitigation may also. be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at htt,~://112o.enr.state.r~c.us,'w~/irldex.htm. If use of the NCEEP is proposed, please v leCii tue a"yprvpriaw boX vrl page 11Ve arld pro Jiue ui~, foiiv vJing iriiviilla~lvil. Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Updated 11/1/2005 Page 11 of 14 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federal/state) land? Yes X No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes X No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No X X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No X 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. I_f buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 3 (2 for Catawba) 2 1.5 T otai ~ Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. No buffer mitigation required Updated 11/1!2005 Page 12 of 14 Stormwater {required by DWQ} Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No impervious surface Xg_ Sewage Disposal (required by DWQ) 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. Proposed project will not generate any wastewater X.III. Violations (required by DWQ} Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No X Isthis anafter-the-fact permit application? Yes ^ No X XIV_ Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No X If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Project involves maintenance dredging of an existing navigation channel and basin for use by €ISCG. Private docks presently constructed in channel. Little if any room for add' 1 docks, but proposed basin and channel maintenance in itself would not encourage any new construction XV_ Wither Circumstances (optional}: It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Proposed project is presently not included in upcoming contracted maintenance dredging_project scheduled for winter 2007. However Auk 2007 survey shows shoaling is creating several pinch points in access channel. By letter dated September 21, 2007, USCG requested emer ency permit authorization to side-cast dredge these shoals in late Fall -early Winter 2007. ~r~a r~~t2aas ,' Updated 11/1/?005 ~`l ~ l a ~ Agent's Signature Date is valid only if an authorization letter from the applicant is provided.) Page 14 of 14