Loading...
HomeMy WebLinkAbout20170056 Ver 1_Stumpy Point PCN - 2017 Signed_20170111Carpenter,Kristi From: Peele, Catherine D Sent: Wednesday, January 11, 2017 3:14 PM To: Wheeler, Tracey L CIV USARMY CESAW (US) Cc: Ward, Garcy; Carpenter,Kristi Subject: RE: Stumpy Point Permit Attachments: Stumpy Point PCN - 2017 Signed.pdf Follow Up Flag: Follow up Flag Status: Completed Please see the attached PCN for the Stumpy Point project Thank you -----Original Message----- From: Wheeler, Tracey L CIV USARMY CESAW (US) [mailto:Tracey.L.Wheeler@usace.army.mil] Sent: Wednesday, January 11, 2017 10:01 AM To: Peele, Catherine D Subject: RE: Stumpy Point Permit Cat, I think I can issue a maintenance excavation Nationwide, but I need a PCN from you with the specifics. Last time Lance had to get a Special Use Permit to use the spoil area. Tracey Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. -----Original Message----- From: Peele, Catherine D [mailto:cdpeele@ncdot.gov] Sent: Tuesday, January 10, 2017 2:13 PM To: Wheeler, Tracey L CIV USARMY CESAW (US) <Tracey.L.Wheeler@usace.army.mil> Subject: [EXTERNAL] RE: Stumpy Point Permit It is maintenance dredging of the same area that we have done in the past. We are staying within the existing current parameters of the channel and basin and will be removing 39, 821 cubic yards of material. Material will be placed in the Fish and Wildlife Upland Disposal Site in Stumpy Point. Looking back the original permit was to expand the basin and to install a dock with 2 finger piers and 10 pile clusters. Then Lance requested a modification to stay within the existing parameters of the channel and basin to dredge 19,704 cubic materials. That document is what I sent to you yesterday. The permit was modified and a new expiration date of 12/31/16 was given. We were going to do this project last year but because of more pressing issues around the ferry division we were not able to get to it. Thanks, Cat -----Original Message----- From: Wheeler, Tracey L CIV USARMY CESAW (US) [mailto:Tracey.L.Wheeler@usace.army.mil] Sent: Monday, January 09, 2017 1:02 PM To: Peele, Catherine D Subject: RE: Stumpy Point Permit Which project has the expired permit? Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. -----Original Message----- From: Peele, Catherine D [mailto:cdpeele@ncdot.gov] Sent: Monday, January 09, 2017 12:21 PM To: Wheeler, Tracey L CIV USARMY CESAW (US) <Tracey.L.Wheeler@usace.army.mil> Subject: [EXTERNAL] Stumpy Point Permit Hey Tracey, As you know our dredge will be heading to Southdock soon to perform the dredging project. After that we are going to go to Stumpy Point before the moratorium comes in. I sent you an email last week with a notification. I was going through our permit folder and I see that our permit for this location expired 12/31/2016. I would like to get this renewed if possible. This is my first time around for permit renewals with the army corps so I apologize for being behind. I have attached what we have in our permit folder. Thank you, Catherine Peele Environmental Specialist Ferry Division 252 305 7288 mobile cdpeele@ncdot.gov 159 Lucinda Drive Powells Point, NC 27966 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. �O`��� W A r�9QG � � > � f� Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit � Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 35 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 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes � No ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes � No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. 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)? � Yes ❑ No 2. Project Information 2a. Name of project: Stumpy Point Emergency Ferry Terminal Dredging 2b. County: Hyde 2c. Nearest municipality / town: Stumpy Point 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 16.71080 project no: 3. Owner Information 3a. Name on Recorded Deed: NCDOT Ferry Division 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if Catherine Peele applicable): 3d. Street address: 159 Lucinda Lane 3e. City, state, zip: Powells Point, NC 27966 3f. Telephone no.: 252-305-7288 3g. Fax no.: 252-491-2782 3h. Email address: cdpeele@ncdot.gov Page 1 of 12 PCN Form — Version 1.0 November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: � Agent ❑ Other, specify: 4b. Name: Catherine Peele 4c. Business name N/A (if applicable): 4d. Street address: 159 Lucinda Lane 4e. City, state, zip: Powells Point, NC 27966 4f. Telephone no.: 252-305-7288 4g. Fax no.: 252-491-2782 4h. Email address: cdpeele@ncdot.gov 5. AgenUConsultant 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 12 PCN Form — November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): 35.698348821 `N - 75.770459741 `W 1 c. Property size: 6.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Stumpy Point Bay / Pamlico Sound proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Pamlico Sound 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: The Stumpy Point Emergency Ferry Terminal is used by NCDOT Ferry Division when NC 12 becomes shutdown due to hurricane events. Currently the basin, tie up slips, and state channel are being shoaled in and need to be dredged in order to safely operate this route in case of emergency. 3b. List the total estimated acreage of all existing wetlands on the property: 0 acres 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: The purpose of this project is to dredge the basin, tie up slips, and channel of the Stumpy Pointer Terminal to allow safe passage of the public, in particular the residents of Hatteras Island, during emergency operations. Spoil will be pumped into the Fish and Wildlife Upland disposal site for which we have obtained a permit 3e. Describe the overall project in detail, including the type of equipment to be used: The NC Ferry Division Dredge Manteo will perform maintenance dredging to allow the safe passage of the public in particular the residents of Hatteras Island. There is approximately 39,821 cubic yards of material to be removed. The excavation will follow the current permitted dimensions of 150' wide by a-10' depth. The Fish and Wildlife Service Upland Disposal Site will hold this material. The NC Ferry Division has a SUP with the Fish and Wildlife Service to utilize this spoil site. A dredge, excavator, barges, tug boat, booster pump, pipeline and bulldozer will be used for site preparation and to perForm the dredging activities. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes � No ❑ Unknown project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 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 � Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. CAMA major permit 38-025 Expires 12-31-2021 Page 3 of 12 PCN Form — Version 1.0 November 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. Page 4 of 12 ❑ Yes � No PCN Form — November 2008 Version 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of Type of wetland Forested (Corps - 404, 10 Area of impact (acres) Permanent (P) or impact (if known) DWQ — non-404, other) Tem ora T W1 ❑ P❑ T ❑ Yes ❑ No � Corps ❑ DWQ W2 ❑ P � T ❑ Yes ❑ No � Corps ❑ DWQ W3 ❑ P � T ❑ Yes ❑ No � Corps ❑ DWQ W4 ❑ P❑ T ❑ Yes ❑ No � Corps ❑ DWQ W5 ❑ P � T ❑ Yes ❑ No � Corps ❑ DWQ W6 ❑ P❑ T ❑ Yes ❑ No � Corps ❑ DWQ 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. 3b. 3c. 3d. 3e. 3f. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number - impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) S1 ❑P❑T ❑PER ❑INT S2 ❑ P❑ T ❑ PER ❑ INT S3 ❑ P❑ T ❑ PER ❑ INT S4 ❑P�T ❑PER ❑INT S5 ❑ P❑ T ❑ PER ❑ INT S6 ❑P❑T ❑PER ❑INT 3g. Total stream and tributary impacts 3h. Comments: Page 5 of 12 PCN Form — Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 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 individuall list all o en water im acts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) — Permanent (if (P) or applicable) Tem ora T 01 � P❑ T Pamlico Soil Removal from dredging Sound 6.5 Sound 02 ❑POT 03 ❑POT 04 ❑P❑T 4f. Total open water impacts 6.5 4g. Comments: This area will be impacted from dredging the Stumpy Point Ferry basin, tie up slips and channel Page 6 of 12 PCN Form — November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If ond or lake construction ro osed, then com lete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded 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 an im acts re uire miti ation, then ou MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact (square Zone 2 impact Permanent (P) for impact Stream name mitigation feet) (square feet) or Temporary required? T B1 ❑P❑T ❑Yes ❑No 62 ❑P❑T ❑Yes ❑No B3 ❑P❑T ❑Yes ❑No 6h. Total buffer impacts 6i. Comments: Page 7 of 12 PCN Form — November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifical�y describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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? 2b. If yes, mitigation is required by (check all that apply) 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) 3c. Comments: ❑ Yes � No ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation Type 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non-riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h.. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Quantity ❑ Yes linear feet warm, cool, cold square feet acres acres acres 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 8 of 12 PCN Form — Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 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. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. 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). 6d. Comments: Page 9 of 12 PCN Form — November 2008 Version 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 within one of the NC Riparian BufFer Protection Rules? 1b. If yes, then is a diffuse flow plan included? 2. Determination if the Project Requires a Stormwater Mana ement Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? 2b. Is the project subject to General Certification 3704 or 3705? 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater management programs (check all that apply)? If so, attach one copy of the approval letter from the DWQ and one copy of the approved stormwater management pian. 3b. In which local government's jurisdiction is this project? ❑ Yes � No ❑ Yes ❑ No ❑ Yes � No ❑ Yes ❑ No ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006-246 ❑ Other: 3c. Is this local government certified to implement a state stormwater program? ❑ Yes If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). ❑ No 4. Information Re uired for DWQ 401 Unit Stormwater Review 4a. What is the overall ercent im erviousness accordin to the most current site lan? N/A 4b. Does this project contain any areas that meet the criteria for "high density" per General Certifications 3704 and 3705? ❑ Yes � No 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. N/A 4d. Has a completed BMP Supplement Form with all required items been submitted � Yes � No for each stormwater BMP? Page 10 of 12 PCN Form — Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project invoive 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 environmentai document pursuant to the requirements of the National or State ❑ Yes � No (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 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): N/A 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. N/A 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. N/A Page 11 of 12 PCN Form — Version 1.0 November 2008 Version F. Supplementary Information, continued 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. � Yes ❑ No ❑ Yes � No ❑ Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Previous permits obtained for this area, these issues were already addressed. We are staying within our moratorium dates. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I� Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? This area is a Primary Nursery Area (PNA) and we will dredge within our dates allowed by the moratorium. 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes � No 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? 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Catherine Peele Applicant/Agent's Printed Name /1 - �'���y_ _ ,� / ' `G�'�.. / Applicant/Agent's Signature (AgenYs signature is valid only if an authorization letter from the applicant ❑ No January 11, 2017 Date Page 12 of 12 PCN Form — November 2008 Version