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HomeMy WebLinkAbout20170841 Ver 1_401 Application_20170707cl� WN A 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 2 0 1 7 0 8 4 1. Processing 1 a. Type(s) of approval sought from the Corps- EJ Section 404 Permit E] Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number.- 13 or General Permit (GP) number- N/A 1 c. 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 r_1 Non -404 Jurisdictional General Permit 401 Water Quality Certification — Express E] 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: 0 Yes Z No For the record only for Corps Permit. - El Yes Z 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. E] Yes Z No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Z Yes E] No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Z Yes El No 2. Project Information 2a. Name of project: Snow's Cut Bank Stabilization and Erosion Protection Project 2b. County: New Hanover 2c. Nearest municipality / town: Carolina Beach 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: US Army Corps of Engineers inn 3b. Deed Book and Page No. 71IN 3c. Responsible Party (for LLC if applicable).- U JUL 7 2017. 3d. Street address.- 69 Darlington Avenue D R 3e. City, state, zip.- Wilmington, NC 28403 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: 0 Agent Other, specify: US Army Corps of Engineers 4b. Name: Jennifer L. Owens, Chief Environmental Resources Section 4c. Business name (if applicable): US Army Corps of Engineers, Wilmington District 4d. Street address: 69 Darlington Avenue 4e. City, state, zip: Wilmington, NC 28403 4f. Telephone no.: 910-251-4757 4g. Fax no.: 910-2514744 4h. Email address: Jennifer.I.Owens@usace.army.mil 5. Agent/Consultant 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 I a. Property identification no. (tax PIN or parcel ID): R08800-008-002-000 and R08800-008-001-000 I b. Site coordinates (in decimal degrees): I Latitude: 34.056407 Longitude: -77.897682 1 c. Property size: 180.33 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: AIWW 2b. Water Quality Classification of nearest receiving water: Sc 2c. River basin: White Oak (E of bridge is White Oak, W is Cape Fear) 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 sites (3) are located on/adjacent to the northern and southern banks of the AlWW Snow's Cut navigation channel. The channel is used by both commercial and recreational boaters. Bank erosion was exacerbated by Hurricane Matthew, requiring stab i lizatio n/protection. General land use in the vicinity is residential, governmental (existing USACE facility on south bank), and recreational (public boat ramp to extreme southeast of channel). 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: 9,000 3d. Explain the purpose of the proposed project: Stab il ization/p rotection of the north and south banks of Snow's Cut, in areas experiencing severe erosion exacerbated by Hurricane Matthew. 3e. Describe the overall project in detail, including the type of equipment to be used: Placement of riprap bank protection measures along 1,060ft of the existing bank of AlWW Snow's Cut channel adjacent to and just east of the Snow's 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property project (including all prior phases) in the past? El Yes No El Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: 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 this project (including all prior phases) in the past? El Yes E9 No El Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? El Yes No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary Ia. Which sections were completed below for your project (check all that apply): [-] Wetlands streams — tributaries Buffers M open waters El 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 - 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: 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 fe S1 P Riprap Bank Stabilization Snow's Cut PER Corps 500 1,060 S2 P Fill Snow's Cut PER Corps 500 1,060 S3 P Excavation Snow's Cut PER Corps 500 1,060 S4 P Rirap Sill Snow's Cut PER Corps 500 270 S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 1,330 3i. Comments: Project consists of three components: One component will consist of 470 linear feet of clearing, excavation/fill, and riprap bank stabilization. One will consist of 590 linear feet of clearing, excavation/fill, and riprap bank stabilization. One will consist of a 270 linear foot rock sill. All project components are to reduce Snow's Cut bank erosion in the project areas. 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. 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 Snow's Cut Riprap Bank Stabilization Other 0.73 02 P Snow's Cut Riprap Sill Other 0.2 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 0.93 4g. Comments: upen water impacted (acreage) is estimated and is 5ased upon project components to be constructea below MLLVV. 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 Pi Choose one P2 Choose one 5f. Total: 5g. Comments: NA 5h. Is a dam high hazard permit required? Yes EJ 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, t en vou MUST fill out Section D of this form. 6a. Project is in which protected basin? 0 Neuse E] Tar -Pamlico Catawba F] Randleman E] 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: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Clearing/grading will only occur as necessary and is not expected to exceed 1 acre (43,560 sq ft). Clearing may be required to accommodate necessary equipment access and construction. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction equipment will, to the extent practicable, utilize existing cleared areas during construction. Additionally, in areas in which erosion protection measures will be constructed, existing vegetation will remain unless removal is necessary to accommodate the project. No unnecessary clearing will occur. 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? E] Yes M No 2b. If yes, mitigation is required by (check all that apply): [_1 DWQ El Corps 2c. If yes, which mitigation option will be used for this project? El Mitigation bank El Payment to in -lieu fee program ElPermittee 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. El 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 E] 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 I a. Does the project include or is it adjacent to protected riparian buffers identified Yes No within one of the NC Riparian Buffer Protection Rules? I 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? El Yes 9 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project will not require temporary or permanent construction of any impervious surfaces, and will not impact stormwater management. 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? Carolina Beach, NC El Phase 11 El NSW 3b. Which of the following locally -implemented stormwater management programs El USMP apply (check all that apply): E] Water Supply Watershed Z Other: none 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes E] No attached? 4. DWQ Stormwater Program Review Coastal counties 11HQW 4a. Which of the following state -implemented stormwater management programs apply E]ORW (check all that apply): E] Session Law 2006-246 nOther: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 5. DWQ401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? E] Yes E] 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 El 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 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.) Project is categorically excluded. Environmental documentation will be captured in a Yes ZNo Comments: Record of Environmental Consideration (REC). 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (1 5A NCAC 2H .0500), Isolated Wetland Rules (1 5A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes Z No or Riparian Buffer Rules (1 5A NCAC 2 B .0200)? 2b. Is this an after -the -fact permit application? El Yes Eg 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 El 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 Z Yes Ej 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? https://www.fws.gov/raleigh/species/cntylist/new han over. html, https://ecos.fws.gov/ipac/, and communication with Mr. John Ellis (USFWS). Project may affect but is not likely to adversely affect thii-West Indian manatee. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? M Yes E] No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.habitat.noaa.gov/protection/efh/habitatmapper.html, and communication with Mr. Fritz Rohde (NMFS). The project will have no effect on essential fish habitat. 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 E] Yes Eg 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? A cultural resources survey was performed within project areas on 22-23May2017 by thd Corps and was coordinated with the NC Office of State Archaeology. No cultural resources were found. A report stating this finding is in development and will be provided to the NCOSA when completed. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEIVIA-designated 1 00 -year floodplain? Yes N o 8b. If yes, explain how project meets FEIVIA requirements: Although the project will be constructed within a FEMA -designated 1 00 -year floodplain, it will not affect the base flood or flood flows in 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/Home.aspx?ST=NC. liptally aigned by OWENS.JENNIF OVVENS.JENNIFER.L.1 229795151 DN: -US, -U.S. Govemment, Jennifer L. Owens ou=DoD, —PKI, —USA, ER.L.122979515 —OWEN&JENNIFER.L.1 229795151 06-30-2017 Date 2017.06.30 15:09:27 -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 is provided.) Page 10 of 10 Ms. Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Ms. Higgins, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 July 5, 2017 JUL -1 2017 The purpose of this letter is to request NC Division of Water Resources concurrence with applicability of General Certification (GQ #3885 regarding bank stabilization and erosion protection measures at three locations along the banks of Snow's Cut, New Hanover County, North Carolina. The proposed measures are considered operation and maintenance (O&M) of the existing Snow's Cut navigation project, and are in response to bank erosion exacerbated by Hurricane Matthew. The proposed bank stabilization and erosion protection measures consist of three components (areas). North Area 1 includes placement of a 2.5 -foot layer of stone (NC Department of Transportation (NCDOT) Class Il riprap) over a I -foot layer of NCDOT Class A bedding stone along approximately 470 linear feet of the northern bank, abutting the existing NCDOT-placed riprap at Snow's Cut Bridge and extending east at an approximate slope of 2.5H:lV. Similarly, South Area 1 includes placement of a 2.5 -foot layer of stone (NCDOT Class Il riprap) over a I - foot layer of NCDOT Class A bedding stone along approximately 590 linear feet of the southern bank, abutting the existing NCDOT-placed riprap at Snow's Cut Bridge and extending east at an approximate slope of 2.5H: 1 V. For both North Area I and South Area 1, backfill material consisting of NCDOT Class A riprap will be placed, graded, and compacted as required to provide a smooth sloped surface with bank protection extending channelward to approximately mean low water depth. Geotextile fabric will be placed between earth and placed stone. South Area 2 includes construction of a rock sill adjacent to and just north of the existing southern bank in the area between the existing Corps docking facility and the existing NC Wildlife Resources Commission (NCWRC) public boat launch. The rock sill at South Area 2 will extend approximately 270 linear feet and be constructed of NCDOT Class 11 riprap. The rock sill will remain visible at high tide by approximately 1.5 feet. For all project areas, minor (<I acre) vegetative clearing may be required to accommodate necessary equipment and to allow for proper construction of protective measures. Similarly, for all project areas, minor (<1 acre) of open water will be permanently impacted due to rock placement. The proposed measures would provide protection for property owned by the USACE, Wilmington District. Currently, severe erosion exacerbated by Hurricane Matthew is removing land from the identified project areas at an unacceptable rate and has the potential to endanger -2 - existing infrastructure should the proposed measures not be implemented. Existing, similar erosion protection measures along Snow's Cut are proving successful in managing material loss due to erosion. It is expected that the proposed measures will prevent future erosion at the project areas. The Corps has been in coordination with the US Fish and Wildlife Service, National Marine Fisheries Service, NCVvRC, NC Division of Coastal Management, and NC Division of Marine Fisheries regarding environmental and navigation concerns. The proposed measures will not impact environmentally sensitive management areas including essential fisheries habitat, habitat areas of particular concern, or primary nursery areas, will not incorporate contaminated sediments, and, with the exception of the West Indian manatee which may be affected but is unlikely to be adversely affected by the proposed action, will have no effect on Federal or State listed threatened or endangered species, or other species of concern. The proposed project's total length of 1,330 linear feet exceeds the 500 linear foot length limit described within conditions of USACE's Regulatory Nationwide Permit (NVvT) 13; however, because this proposed project involves limited stabilization of a highly eroded bank, it is the Corps' position that the proposed project complies with GC #3885. It should be noted that since the Corps does not issue itself Section 404 permits, a NVvT 13 will not be required for this action; however, work will be performed in accordance with the conditions of NWP 13. The Corps is requesting written concurrence with applicability of GC #3885 for the above- described proposed project. Enclosed is a Pre -Construction Notification that further identifies and explains the proposed project. Thank you for your attention to this matter. Should you have any questions or require additional information, please contact Mr. Justin Bashaw of my staff by at telephone 910-25 1 - 4581 or by email at justin.p.bashawgusace.army.mil. Sincerely, enny Owens Chief, Environmental Resources Section Planning and Environmental Branch US Army Corps of Engineers, Wilmington District 2 Encls 1. Check in the amount of $570 2. Pre -Construction Notification Form (4 copies)