HomeMy WebLinkAbout20171060 Ver 1_COE_DWR_PermitGP291_request_august2017_20170814STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOP�tt
GOVCRNOR
August 14, 2017
US Army Corp of Engineers
Attention: Kyle Barnes
USACOE
2407 West Fifth Street
Washington, NC 27889
NC Division of Water Resources
Attention: Garcy Ward
943 Washington Square Mall
Washington, NC 27889
Dear Kyle and Garcy,
JAMES H. TROGDON, III
SECRETARY
The NC Department of Transportation is requesting the issuance of a GP 291,
corresponding 401 certification and buffer authorization to authorize construction
activities associated with the proposed Passenger Ferry Service from Hatteras Ferry
terminal to Ocracoke Silver Lake Ferry Terminal. The purpose and need for this project
has been identified and realized through data that shows a decline in visitors to Ocracoke
Island. This decline is a result of a change in the Hatteras to Ocracoke ferry route, which
has increased ferry travel time, creating an effect on visitor willingness to use the car ferry
service from Hatteras to Ocracoke. The change in ferry route was driven by natural barrier
island movement and Hatteras Inlet dynamics. NCDOT was not able to maintain
historical ferry routes and had to adapt with the natural inlet changes, resulting in a
modified ferry route and longer travel times. The decline in visitors to Ocracoke Island is
a concern to the Hyde county government, local economy, residents and visitors. A
solution to mitigate the loss of visitors has been studied, evaluated, and planned, resulting
in a high speed passenger ferry service from Hatteras to Ocracoke Village. This effort was
conducted through a feasibility study involving multiple parties, including NCDOT, Hyde
County governmental staff and residents, CAHA NPS, Volkert Engineering, Atkins
Engineering and Institute for Transportation Research and Education (ITRE). Following
the findings of the feasibility study, the plan implementation and designs have involved
additional professional engineering services from WSP and RK&K engineering, who
have continued to partner with Hyde County governmental staff/business
community/residents and the CAHA NPS.
Marlrng Address:
NC DEPARTMEN'T OF TRANSPORTATfON
DIVIS[ON ONE
113 AIRPORT DRIVE, SUITE 100
GDENTON, NC 27932
Telephone: (252) 482-1850
Fax.•(252)482-8722
Cf�slonaer Service: 1-877-368-4968
WeGsile: www_ncdot.gov
Localion:
1 13 A[RPORT DRIVE, SUITE 100
EDENTON, NC 27932
In order to implement the proposed passenger ferry route, infrastructure improvements
will need to be made at the Hatteras Ferry terminal and Ocracoke Ferry terminal. The
Hatteras ferry terminal improvements include two additional parking lots, an open air
covered passenger waiting pavilion and a floating dock structure for passenger ferry
berthing and loa�ling/unloading of passengers. The Ocracoke Ferry terminal
improvements include an open air covered passenger waiting pavilion, sidewalk
improvements, restrooms addition to existing NPS visitor center, transit pullout area for
passenger tram and floating dock structure for passenger ferry berthing and
loading/unloading of passengers. The detail plans and location of structures are being
included with this permit application. NCDOT has coordinated with the CAHA NPS and
a copy of their issued permit, authorizing the project has also been included with this
application. If additional information is needed regarding the plans, we can provide those
upon your request. NCDOT intends to continue coordinating with the NCDCM,
USACOE, NC DWR and the CAHA NPS throughout the life of the project and provide
updates as project construction and ferry operation begins. I have included the PCN form,
plan drawings, and NPS permit. The current schedule is planning to start construction in
September of 2017.
NCDOT appreciates the NCDCM efforts in this project development and
implementation. Permit fee can be charged to WBS # 16SP.3914.3 Please, call me if any
additional information is needed to process this request. I can be reached at 252-482-1876
or 1-252-312-3692.
Sincerely,
Jerry Jennings, P.E.
Division Engineer, Division One
�,X v'�1��
Clay Willis
Division Environmental Supervisor, Division One
CC: Kristi Carpenter, NCDWR
Q a� ����r��'QG Office Use Only:
v_', � Corps action ID no.
E�. �� yia � DWQ project no.
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; X Section 404 Permit Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: GP 291 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? X Yes No
1 d. 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 X Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ For the reco.rd only for Corps Permit:
because written approval is not required? 401 Certification:
Yes X No Yes X No
1f. Is payment inta 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 Yes , X No
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h X 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: IHatteras to Ocracoke Passenger Ferry Project
2b. County: iDare and Hyde
2c. Nearest municipality / town: Hatteras Village and Ocracoke Village
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state project no: 16SP.3914.3
3. Owner Information
3a. Name(s) on Recorded Deed: V�CDOT R-O-W
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if INCDOT
applicable):
3d. Street address: :113 Airport Drive , Suite 100
3e. City, state, zip: IEdenton, N.C. 27932
3f. Telephone no.: 252-482-1876 / 252-312-3692
3g. Fax no.:
3h. Email address: cwillis nCdot. ov
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
�d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
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
1a. Property identification no. (tax PIN or parcel ID): NCDOT Ferry Dock/Basin
1 b. Site coordinates (in decimal degrees): Latitude: H 35.5671 / O 35.1157 Longitude: H-75.703 / O-75.986
1 c. Property size: 2 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Pamlico Sound
2b. Water Quality Classification of nearest receiving water: ilver Lake Class "SC", Hatteras Basin "SA HQW"
2c. River basin; cracoke — Tar/Pamlico Hatteras - Pasquotank
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:
Land use within the project area consist of existing NCDOT Ferry and Highway Operations and CAHA NPS public
watertront usage.
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: There is approximately
550 feet of bulkhead ferry basin in Hatteras and approximately 250 feet bulkhead frontage along Silver Lake.
3d. Explain the purpose of the proposed projeCt: The purpose of this project is to mitigate visitor short falls to Ocracoke Island by
establishing a passengerferry service between Hatteras and Ocracoke Island. Once established, there will be dailyferry runs between Hatteras
and Ocracoke Island, which will carry up to 100 passengers per trip. Two vessels are currently proposed to operate on the route.This service will
primarily assist day trip visitors, that are willing to park their vehicles in Hatteras and ride the passenger ferry. A mini-tram service will assist
mobility, once they arrive in Ocracoke.
3e. Describe the overall project in detail, including the type of equipment to be used: In Ocracoke we propose to build an open air
passenger waiting pavillion adjacent to the NPS visitor center. The visitor center will also be retrofitted with 3 new bathroom facilities as shown
on the provided plans. An improved parking lot space arrangement and crossover from the dock facility to the passenger waiting pavillion. Some
improvement to NC 12 will be made to accommodate safe traffic movement for the mini tram vehicle service. The installation of a floating dock
system to berth two passenger ferries and allow for loading/unloading of passengers. At the Hatteras Ferry terminal an open air passenger
waiting pavillion will be constructed adjacent to the exist NCDOT ferry terminal building. Some improvements to the sidewalk system will
accommodate foot traffic movement to the passenger ferry floating dock, which will be constructed within the ferry basin. In order to allow for
adequate vehicle parking, two new parking lots are proposed, utilizing state owned property and a small portion of the NPS property.
This project will be contracted out through a licensed commercial contractor. They will follow current building codes for the construction. The
floating dock installations will be installed with a marine contractor. Equipment used for construction will include items typically associated with
wood framed commercial construction. The marine contractor will likely need some work barge and pile driving capabilities to install the floating
dock system.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the X Yes No Unknown
Corps or State been requested or obtained for this property / Comments:
ro'ect includin all rior hases in the ast?
4b. If the Corps made the jurisdictional determination, what type X Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Clay Willis Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
Nage ;� ot � u
PCN Form — Version 1.4 January 2009
5a. Have permits or certifications been requested or obtained for X 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 has been requested for this project
6. Future Project Plans
6a. Is this a phased project? Yes X No
6b. If yes, explain.
Page 4 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):
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. Area
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction of
number Corps (404,10) or impact
Permanent (P) or DWQ (401, other) (acres)
Tem orar T
2g. Total Wetland Impacts: 0
2h. Comments:
No Wetland Impacts Associated with this project
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. 39�
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)
3h. Total stream and tributary impacts 0
3i. Comments: No Stream Impacts Associated with this project
Page 5 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 individuall list all o en water im acts 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
Tem orar T
4f. Total open water impacts 0
4g. Comments: No Open Water Impacts Associated with this project
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 o# pond (acres)
Flooded Filled Excavated Flooded Filled Excavated
5f. Total:
5g. Comments: None
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. Project is in which protected basin? Neuse X Tar-Pamlico Catawba Randleman Other:
6b. 6c. 6d. 6e. Buffer 6f. 6g.
Buffer Impact Reason for impact Stream mitigation Zone 1 Zone 2
number— name required? impact impact
Permanent (P) or (square (square
Tem orar T feet feet
(P) Permanent 'edestrian Walkway Silver Lake 325 sq.ft. 0
6h. Total Buffer Impacts: 325 sq. ft. 0
6i. Comments: Approximately 325 sq. ft. of the calculated buffer impacts are associated with the placement of a
concrete walkway, which will connect the bulkhead boardwalk to NC 12 shoulder area. There is an existing gravel
walkway at this location that is compacted and maintained for foot traffic.
Page 5 of 10
D. Im act Justification and Mi#i ation
1. AVaidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
There are no jurisdictional impacts associated with this project. The floating dock structures has beer. designed to specifications required for passenge
loading and unloading onto the docked passenger ferry vessels. There are only three new piles being installed for each floating dock (one in Hatteras
and one in Ocracoke). The Hatteras Ferry Basin will need to relocate tvdo existing dolphins, which will provide for better passenger ferry navigation in
and out of the floating dock slip.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through con�truction techniques.
NCDOT will follow an approved Erosion Control Design to capture any disturbed soil and possible erosion. The contractors for the landward and marin
work will follow required BMPS for construction activity.
2. Com ensato MI#i ation for Im aCts to 1Naters of the U.S. or Waters of the State
2a. Doss 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
Mi4igation bank
2c. If yes, whieh mitigation option will be used for this payrr�ent to in-lieu fee program
project?
Permittee Responsible Mitigation
3. Com lete if Usin a Mit# ati�re �arak
3a. Name of Mitigation Bank:
Type: Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Quantity:
Type: Quantity:
3c. Comments: N/A
4. Com lete if Makin a Fa me�t to In-lieu Fee Pro tam
4a. Approval letfer from in-lieu fee program is attached.
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: �cres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: None Required
5. Complete if Using a Permittee Responsible Ildlitigation Plan
�I
5a. If using a permittee responsible mitigation plan, provide a description of the prapased mitigation plan..
Page 6 of 10
PGN Form — Version 1.4 January 2�09
6. Buffer Mitigation (State Regulated Riparian 8uffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires Yes X 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 7otal 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: Project is located in the Tar-Pamlico Basin. NCDOT will impact a total of 325 sq. ft. of buffer area,
associated with a concrete pedestrian walkway. This proposed concrete walkway is within the footprint of an existing
gravel foot path that is currently maintained for foot traffic.
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 X Yes No
within one of the NC Ri arian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
X Yes No
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? �cracoke - adding approx.. 2,soo sq. �t.
- within the buffer zone 325 sq. ft.
IHatteras — adding approx.. 25,000 sq. ft,
2b. Does this ro'ect re uire a Stormwater Mana emer�t Plan? X Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
INCDOT will follow BMP's to control storm water and erosion/sedimentation to the maximum extent practicable in compliance
�vith NCDOT's NPDES permit. The new impervious surtace in Hatteras is resulting from additional parking lot spaces
�onstructed adjacent to the existing ferry buildings. Runoff from the additional parking lot space will be captured and treated in a
storm water infiltration basin, which is indicated on the attached plans.
2e. Who will be responsible for the review of the Stormwater Management Plan? NCDWR
3. Certified Local Government Stormwater Review N/A
3a. In which local overnmenYs 'urisdiction is this project? ��A
Phase II
3b. Which of the following locally-implemented stormwater management programs NSW
apply (check all that apply): N/A USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been Yes No
attached? N/A
4. DWQ Stormwater Pro ram Review
X Coastal counties
hqw
4a. Which of the following state-implemented storm water 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 X Yes No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? n/a Yes No
5b. Have all of the 401 Unit submittal requirements been met? n/a Yes fVo
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/statellocal) 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 Nationai or State Yes X 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.) 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), DW� 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? Yes X 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 X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quaniitative 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.
Waste water generated in the operation of the passenger ferry will be transferred into existing ferry treatment system at the
Hatteras Ferry terminal via marine transfer lines.
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?
Listed species for Hyde County. There is habitat for the West Indian Manatee, NCDOT will follow USFWS guidance for Avoiding
Impacts to Manatee.
With regards to the Northern Long Eared Bat:
fhe US Fish and Wildlife Service has developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway
dministration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (IVLEB) (Myotis
�>eptentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-$, including all NCDOT projects
and activities. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The
IPBO provides incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for five
ears for all NCDOT projects with a federal nexus in Divisions 1-8, which inciudes Hyde County , where Bridge # 8 is located.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS — Data Set for North Carolina
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?
NC State Historic Preservation Office Review, concurrence attached
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 1DD�e �� Yes No
8b. If yes, explain how project meets FEMA requirements: Architecture design has met guidelines for floodplain requirements.
8c. What source(s) did you use to make the floodplain determination? USGS Flood plain maps and engineer/architecture plan
ApplicantiAgent's Printed Name Applicant/Agenx's Signature (xgent�s Date.
signature is valid o�ly if an authorization letter
from the applicant is provided.)
Page 10 of 10
� ��� ��� f3,� �
� � �� �
ApplicanUAgent's Printed Name App1� �1�9���� Scgn�ture (a�ent�s d� �
signature is valid only if an authorization letter
from the applicant is provided:)
Page 10 of 10