20160804 Ver 1 _Credit Reservation Updated PCN _20161117

Burdette, Jennifer a
From: Hughes, Emily B CIV USARMY CESAW (US) < [e-mail] >
Sent: Thursday, November 17, 2016 11:50 AM
To: Burdette, Jennifer a
Cc: Higgins, Karen; Coburn, Chad; Govoni, Daniel; Owens, Jennifer L CIV USARMY USACE
(US)
Subject: RE: Eagle Island Revised Mitigation Proposal
Attachments: Credit Reservation_LCFUMB.pdf, PCN_401_Application_2Aug16.pdf
Hi Jennifer,
As requested in your email below, please see attached acceptance/reservation letter from the Lower Cape Fear
Umbrella Mitigation Bank to purchase 35.5 credits of riparian (riverine) wetlands. With the receipt of this letter,
the 401 PCN application we submitted August 2, 2016 (and requested to have put on hold September 16, 2016)
should now be complete.
Please proceed with the 401 review process. We understand that this will require a 30 day Public Notice period.
In the meantime, we will be revising our EA to reflect comments and changes from our own Public Notice
period. A Final EA is expected to be released by early to mid-January 2017.
Thank you for your continued assistance. Please let me know if there's anything I can do to help the process
along.
Emily
Environmental Resources Section, Wilmington District US Army Corps of Engineers
69 Darlington Ave.
Wilmington, NC 28403
[phone]
[e-mail]
-----Original Message -----
From: Burdette, Jennifer a [mailto:[e-mail]]
Sent: Monday, November 14, 2016 3:44 PM
To: Hughes, Emily B CIV USARMY CESAW (US) <[e-mail]>
Cc: Higgins, Karen <[e-mail]>; Coburn, Chad <[e-mail]>
Subject: [EXTERNAL] RE: Eagle Island Revised Mitigation Proposal
Emily,
As we discussed via telephone today, the Division believes that the revised mitigation proposal complies with
the mitigation requirement of the 401 water quality certification. Please provide a statement of availability
from the mitigation provider to restart the certification process.

Thanks,
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch Department of Environmental Quality
919 807 6364 office
[e-mail]
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale Bldg - Room 942F)
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.
-----Original Message -----
From: Hughes, Emily B SAW[mailto:Emily. [e-mail]]
Sent: Thursday, October 27, 2016 8:22 AM
To: Burdette, Jennifer a <[e-mail]>
Cc: Higgins, Karen <[e-mail]>, Coburn, Chad <[e-mail]>
Subject: Eagle Island Revised Mitigation Proposal
Jennifer,
Please see attached letter requesting approval for the revised mitigation proposal to offset impacts associated
with the Eagle Island toe berm construction. Deadline for your response is November 10, 2016. 1 will also be
soon providing you with an updated Pre -construction Notification Form to reflect these changes and the
additional information requested from the State on our Draft EA.
If you have any questions please let me know.
Thanks,
Emily

LOWER CAPE FEAR UMBRELLA MITIGATION BANK
STATEMENT OF CREDIT AVAILIBILITY
November 16, 2016
TO: Emily Hughes FROM: Lower Cape Fear Umbrella Mitigation Bank
USACE —Wilmington District c/o Land Management Group, Inc.
Environmental Resources Section 3805 Wrightsville Avenue, Suite 15
69 Darlington Ave. Wilmington, NC 28403
Wilmington, NC 28403
Project: Eagle Island Dike Raise Project (Brunswick County, NC)
Dear Ms. Hughes:
Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing
confirmation of acceptance to supply riverine wetland credits for proposed impacts associated with the
Corps of Engineer's Eagle Island Dike Raise Project in Brunswick County, NC. This acceptance is conditional
upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity
of credits requested and reserved for your project.
Mitigation Type Credits Reserved Fee Per Unit Fee
Stream 0 $390.00 $0.00
Non- Riparian Wetland 0.0 F $51,370.00 $0.00
Riparian (Riverine) Wetland 35.5 F $60,521.00 $2,148,495.50
Total Fee $2,148,495.50
Based upon receipt of your credit request transmitted by email on November 14, 2016, LCFUMB will reserve
35.5 riparian (riverine) wetland credits for a period of up to 90 days from the date of this letter. Note that
requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation
to extend beyond the 90 -day period.
Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $2,148,495.50.
Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate.
If you have any questions or need additional information, please contact me by phone at [phone] or
by email at [e-mail].
Sincerely,
Land Management Group, Inc. (agent for LCFUMB)
Digitally signed by Christian Preziosi
DN: cn—Christian Preziosi, o=Land
Christian Preziosi Management Group, Inc, ou,
mail-cpreziosi@Img rou p.net, -US
Date: 2016.11.16 18:06:49 -05'00'
Christian Preziosi
Section Manager

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 ❑ Section 10 Permit
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
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X 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.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑X Yes ❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Q Yes ❑ No
2.
Project Information
2a.
Name of project:
EAGLE ISLAND IMPROVEMENTS DIKE RAISE TO 50 FEET
2b.
County:
NEW HANOVER/BRUNSWICK
2c.
Nearest municipality / town:
WILMINGTON
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
US OF AMERICA MARITIME COMM / DEPARTRMENT OF THE ARMY
3b.
Deed Book and Page No.
Null
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
MARITIME ADMINISTRATION / 1200 NEW JERSEY AVENUE SE
3e.
City, state, zip:
WASHINGTON, DC 20590
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: USACE
4b.
Name:
Jenny Owens, Chief Environmental Resources Section
4c.
Business name
(if applicable):
US ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
4d.
Street address:
69 DARLINGTON AVE.
4e.
City, state, zip:
WILMINGTON, NC 28403
4f.
Telephone no.:
910-251-4635
4g.
Fax no.:
4h.
Email address:
Jennifer. [e-mail]
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
1a.
Property identification no. (tax PIN or parcel ID):
311600286346
1 b.
Site coordinates (in decimal degrees):
Latitude: 34.193763 Longitude: 777.962804
1 c.
Property size:
1,473 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Cape Fear River/Brunswick River
2b.
Water Quality Classification of nearest receiving water:
SA, SC
2c.
River basin:
Lower Cape Fear 03030005
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:
Dredged material disposal area made up of 3 cells totaling 755 acres of diked uplands. Each cell contains spillway structures that allow for the
discharge of effluent (water from dredged material) into either the Brunswick River or the Cape Fear River. The existing dikes on Cells 1 have been
raised to elevation 40 feet (NAVD 88), and Cells 2 and 3 are being raised to 42 feet, to be completed 2018.
3b.
List the total estimated acreage of all existing wetlands on the property: 300
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 ensure that adequate disposal capacity is available for continued maintenance of the upper reaches of the Wilmington Harbor navigation project.
3e. Describe the overall project in detail, including the type of equipment to be used:
'Please see additional sheet for description.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary Q Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): T Bullard, J Richter
Agency/Consultant Company:
Other: USACE
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
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
The current dike improvements that are underway required a 401 permit for the release of effluent into the Cape Fear and Brunswick Rivers.
6.
Future Project Plans
6a.
Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
Const would be accomplished in a phased approach that may occur over a period of up to 5-6 years beginning in 2018, as funding becomes available.
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):
❑X 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 P
Fill
Tidal Freshwater Marsh
No
DWQ
39
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:
39
2h. Comments:
Impacts are to saltwater/coastal wetlands dominated by Phragmites.
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
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 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
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments: o open water impacts.
5. Pond or Lake Construction
If pond or lake construction proposed, the 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
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 ❑ 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
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.
Evaluations were made to build dikes over 50 feet. This would have required a toe berm greater in size, thus requiring fill impacts to more wetlands.
The 50 -foot elevation was selected based on least impacts and project costs with most benefits (longevity of disposal area).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Only constructing toe berms where needed (do not surround entire existing dikes). Minimized dike slopes to 3:1.
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?
❑X Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑X DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
0 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.
Q 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:
3.04 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
1 a.
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.
❑ 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 ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The project requires earth moving only. No structures, infrastructure, or impervious surfaces will be constructed.
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?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ 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
0 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
OYes ❑ 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
❑ Yes 0 No
letter.) A copy of the Draft EA is being sent to the State Clearing House for review and
Comments: comment.
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 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes 0 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 0 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?
Fish and crustacean species which may occur in the vicinity of Wilmington Harbor, and for which Fishery Management Plans (FMPs) have been
developed by the South Atlantic Fishery Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), and NMFS.
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?
Determination pending NC Clearinghouse response on Draft EA from Department of Cultural Resources; however, 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?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Although the project will be constructed within a FEMA -designated 10 -year floodplain, it is not anticipated to affect the base flood or floodflows within
the surrounding area.
8c. What source(s) did you use to make the floodplain determination?
North Carolina Flood Risk Information System (FRIS) at http://fris.nc.gov/fris/Index.aspx?FIPS=129&ST=NC&user=General Public. Map Numbers:
3720311600K and 3720311700K; http://www.ncfloodmaps.com/
Digitally signed by
NS
OWENS.JENNIF
Jennifer L. Owens
DNS US,o UIS. Government,
ER.L.1229795151—OWENS. ENINIFERSL.1229795151
08-02-2016
Date: 2016.08.02 14:30:25 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10