Loading...
HomeMy WebLinkAbout20160988 Ver 1_401 Application_20161016 (2) of WAr7R o� qc, Office Use Only: Y Corps action ID no. I I � � I .2. I - DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s)of approval sought from the Corps: ❑ Section 404 Permit Section 10 ❑ rmit 1 b. Specify Nationwide Permit(NWP) number: or General Permit(GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1d. Type(s)of approval sought from the DWQ (check all that apply): ❑X 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 For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: ❑ Yes ❑X No ❑Yes ❑ No lf. 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 ❑ Yes X❑ No or in-lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h Yes ❑ No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑X Yes ❑ No 2. Project Information 2a. Name of project: WANCHESE HARBOR ENTRANCE CHANNEL EMERGENCY DREDGING 2b. County: DARE 2c. Nearest municipality/town: WANCHESE 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s)on Recorded Deed: US FEDERAL NAVIGATION CHANNEL 3b. Deed Book and Page No. Null 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 ❑X Other, specify: USAGE 4b. Name: Jenny Owens, Chief Environmental Resources Section 4c. Business name US ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT (if applicable): 4d. Street address: 69 DARLINGTON AVE. 4e. City, state, zip: WILMINGTON, NC 28403 4f. Telephone no.: 910-251-4757 4g. Fax no.: 4h. Email address: Jennifer.I.Owens@USACE.ARMY.MIL 5. Agent/Consultant Information (if applicable) 5a. Name: NA 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 la. Property identification no. (tax PIN or parcel ID): NA 1 b. Site coordinates(in decimal degrees): Latitude: 35.842208 Longitude: -75.609326 lc. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Roanoke Sound 2b. Water Quality Classification of nearest receiving water: SA, SC, HQW 2c. River basin: Pasquotank 03010205 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: Severe shoaling occurred in the Wanchese Entrance Channel due to Hurricane Matthew(pre and post storm surveys provided),impeding navigation of U.S.Coast Guard and Commercial Fishing vessels. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams(intermittent and perennial)on the property: 0 3d. Explain the purpose of the proposed project: To alleviate navigation of the U.S.Coast Guard and the local fishing fleet so boating safety and commercial businesses are no longer hindered. 3e. Describe the overall project in detail, including the type of equipment to be used: Work will be performed by government-owned hopper dredge over a 15-day period.Material will be disposed of in areas identified on the attached map 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑Yes ❑X No ❑ Unknown Corps or State been requested or obtained for this property/ project(including all prior phases) in the past? Comments: NA 4b. If the Corps made the jurisdictional determination,what type ID Preliminary El 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. A site visit of the project area was made by Jeff Richter and Teresa Bullard of the US Army Corps of Engineers Wilmington District Office.During this site visit it was determined that there were wetlands existing within the project area surrounding the existing dikes(flagged by Richter and Bullard). 5. Project History 5a. Have permits or certifications been requested or obtained for ❑X Yes ❑No El Unknown this project(including all prior phases) in the past? 5b. If yes, explain in detail according to"help file" instructions. The Corps has authorization to dredge in the Wanchese Harbor Entrance Channel to a depth of-10 feet mllw,+2 feet overdepth.Historically,dredging 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 la. Which sections were completed below for your project(check all that apply): ❑ Wetlands StreaE —tributaries Buffers Open 1❑ters PX❑d Construction ❑ 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10)or impact Permanent(P)or DWQ (401, other) (acres) Temporary(T) 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: No wetland impacts. 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER)or Type of Average Impact number intermittent(INT)? jurisdiction stream length Permanent(P)or width (linear Temporary(T) (feet) 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 3i. Comments: No stream impacts. 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact(acres) Permanent(P)or type Temporary(T) 01 T Roanoke Sound Dredging Bay 5 O2 T Roanoke Sound Fill Bay 3 03 - Choose one Choose 04 - Choose one Choose 4f.Total open water impacts 8 4g. Comments:Shaded dredge area on map measured at approximately 5 acres.Shaded disposal area on map measured at approximately 3 acres. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland 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:NA 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 fltawba Endleman OthC 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 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:NA 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. Dredging required to allow safe navigation is to-10 feet mllw(+2 feet overdepth),even though the authorized depth is to-12 feet(+2 feet overdepth). Material will be placed in a naturally deep portion of the maintained channel(-22 feet mllw);material will not effect SAVs or PNA. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Government owned hopper dredges(Currituck and Murden)to be used are small in size,slow in speed and low in suction power,and do not require on-board turtle observers or other precautions.To date,neither vessel has ever taken an endangered species. 2. Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by(check all that apply): ❑ DWQ ❑Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ElPayment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: NA Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one 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 ❑ Yes ❑ No 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 la. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Project area is in open waters of Roanoke Sound and does not involve development of any kind. ❑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 0 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project does not require any development. 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 El NSW apply(check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ID 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? 0 Yes 0 No Page 8 of 10 PCN Form—Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public(federal/state/local)funds or the ❑X Yes ❑ No use of public(federal/state) land? 1 b. 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 ❑X Yes ❑No (North Carolina) Environmental Policy Act(NEPA/SEPA)? lc. 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.) ❑X 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 ❑X No or Riparian Buffer Rules(15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑X Yes ❑No 2c. If you answered "yes"to one or both of the above questions, provide an explanation of the violation(s): Emergency dredging commenced on October 18,2016 with verbal and email approval of all the environmental resource agencies(NCDCM,USFWS, EPA,NMFS and NCDMF). It was agreed that,due to the emergency situation,the PCN could be submitted after work began. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project(based on past and reasonably anticipated future impacts) result in ❑yes ❑X 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 ❑X Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X 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? USFWS website:http://www.fws.gov/nc-es/es/countyfr.html 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? EFH Mapper at http://www.habitat.noaa.gov/protection/efh/efhmapper/ 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? Dredge work and material disposal will take place only within the authorized navigation channel;there are no anticipated impacts to historic or archeological resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c.What source(s)did you use to make the floodplain determination? Digitally signed b OWENS.JENNIFE DN:c"USEENUSyEGovemment151=DOD, Jennifer L. Owens R.L.1229795151cn=OWENSJENNIFER.L.1229795151 10/20/2016 Date:2016.10.20 15:09:26-04'00' Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10