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)