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HomeMy WebLinkAbout20060348 Ver 1_COMPLETE FILE_20060306o?0F W ArFq pG ;Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources O 'C Alan W. Klimek, P.E. Director Division of Water Quality March 6, 2006 DWQ Project #060348 Brunswick, Onslow, and Carteret County US Army Corps of Engineers, Wilmington District c/o Mr. Philip M. Payonk, Environmental Resources Section PO Box 1890 Wilmington, NC 28402 Subject Property: FY 06 Maintenance Dredginb of NC Inlet Crossings - Dredged IMaterial Disposal on Beaches Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Payonk: You have our approval, in accordance with the attached conditions and those listed below, to dredge and place fill within open water for the purpose of performing emergency maintenance dredging at the subject property, as described within your application dated February 23, 2006 and received by the N.C. Division of Water Quality (DWQ) on February 24, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3493 (GC3493). The Certification(s) allows you to use Regional General Permit Number 198000048 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and CANIA regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved Outside of the Environmental Dredging Window (15 November -I April) Only maintenance dredging of the Shallotte, Lockwoods Folly, New River and Bogue Inlet AI VW Crossings is approved to occur outside of the environmental dredging window by this Certification. This approval is for the purpose of performing a one-time maintenance dredging event at each of the 4 locations listed above, as described in your application. Any additional maintenance dredging proposed outside of the environmental dredging window will require notification to and written concurrence from the NC Division of Water Quality. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands NorthCarolina Al atarally An Equal Opportunity/Affirmative Action Employer - 50910 Recycled/10% Post Consumer Paper US Army Corps of Engineers Wilmington District Pave 2 of 3 March 6, 2006 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and. erosion control devices in wetlands and «vaters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 5. Resource Agency Notification Prior to beginning maintenance dredging of the Bogue Inlet AIWW area between 1 April and 31October, you must notify the NC Division of Environmental Health Shellfish Sanitation and Recreational Water Quality Section. 6. Resource Agency Coordination Prior to beginning maintenance dredging at any of the four approved locations, you must coordinate with the NC Wildlife Resource Commission regarding the proposed location of the hydraulic dredge pipelines. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. US Army Corps of Engineers Wilmington District Pave 3 of 3 March 6, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Vater Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-740 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. AWK/nml Enclosures: GC 3493 Certificate of Completion Sin5;rcly, r-Y Alan W. Klimek, P.E. cc: Stephen Rynas, DCM Morehead City Henry Wicker, USACE Wilmington Regulatory Field Office Cyndi Karoly, DWQ 401 Oversight Unit Noelle Lutheran, DWQ Wilmington Regional.Office (File Copy) Central Files Filename: 060348.mar h1r,Z ? r? 2006 Cu ;t .. I- Q! -iITY , ;- •iDS1G;'s"rti'A1k,Rii?l?11CH WQC #3493 OCEAN DREDGE MATERIAL DISPOSAL CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL PERMIT 198000048 INVOLVING DISPOSAL OF DREDGED MATERIAL ON OCEAN BEACHES WITHIN NORTH CAROLINA AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material to waters and wetland areas which are waters of the United States as described in the Wilmington District's Regional (General) Permit Number 198000048 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3372 issued on March 18, 2002. This WQC is rescinded when the Regional Permit is re-authorized or when deemed appropriate by the Director of the Division of Water Quality. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill, dredging, excavation or other substantial modification of waters or wetlands or this General Certification requires written concurrence from the Division of Water Quality; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between.the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 3. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 4. If such activities should take place during periods of high biological activity (i.e. sea turtle nesting), biological monitoring may be required at the request of other state or federal agencies and coordinated with these dredging activities; 5. The discharge shall be free of toxic substances in violation of state water quality standards; 6. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; WQC #3493 7. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 8. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 9. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Regional Permit 198000048, whichever is sooner; 10. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, and waters. 11. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 12. Standard Erosion and Sediment Control Practices: Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. WQC #3493 13. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 14. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 31 December 2004 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3493 Certification of Completion D`VQ Project No.: County: Applicant: Project Name: Date of Issuance of Isolated Wetland Permit: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Date: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date 401 PROJECT Subject: 401 PROJECT From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Tue, 07 Mar 2006 08:40:34 -0500 To: Ian McMillan <Ian.McMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Henry. M.Wicker.JR@saw02.usace.army.miI The following project was issued a 401 permit on 03/06/2006: DWQ Project #060348, FY 06 Maintenance Dredging of NC Inlet Crossings-Dredged Material Disposal on Beaches, Brunswick, onslow & Carteret Counties. Thanks Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 1 of 1 3/7/2006 8:43 AM 6.2006 1:10PM NCDENR WIRO NO. 253 P.1 - --- State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 0 I(.i3 No. Of Pages. (fxcI din cover) To: From: ate/ CO: CO: NC DENR I'AX #: 9/ FA : 910-350-2004 REMARKS: ? o Vl0. U+/i?' 127 Cardinal Drive Estcnilon, Wilmington, N.C. 2,940S-3845 Telephone (910) 79&7215 Fax (910) 350.2000 An >?gval Opportunity Af irmative Action Employer MAR-6-2006 MON 12:19 TEL:9197336993 NAME:DWO-WETLANDS P. 1 6.2006 2:00PM NCDENR WIRO NO. 255 P.1 - State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: `a 61e; No. Of P. 9eS: (Mludin cover) To: From No l e ?.u CO: CO: NC DENR r_r FAX #:a/2 - 3 FAX#: 910-350-2004 REMARKS: 127 Cardlbal Driva Extension, Wllminoon, N.C. 28405,3845 Tclcplione (910) 796-7315 Eax (9I0) 330.2084 An Equnl Opportunity Affirmative Action Employcr MAR-6-2006 MON 13:10 TEL:9197336893 NAME:DWO-WETLANDS P 1 HAR. 6.2006 2:00PM NCDENR WIRO 110.255 P.2 2 4 2006 Office Use Only: oS7 ,Ar?ITY 2P U 0 6 p ay3 4 e 02 8 USAGE Action ID No. DWQ No. (if any particular it= is not applkablo io this project, please enter "Not Applicable" or "N/A".) L Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit [J Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: ( P mood0 g 64a 4:p- 3 q3 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submitW of PCN), complete section VIII and check here: ? 5, if your project is located in any of North Carolinas twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? 11, Applicant Information 1, Owner/Applicant Information Name: U.S. Army Corps of Engineers, Wilmino.on District Mailing Address,_ PO Box 1890 _ Wilmington, North Carolina 28402 Attn: Col. John E, Palliara, District En ginger Telephone Number: 910-251.1890 flax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Philip_yi PYonk Company Affiliation: Environmental Resources Section Mailing Address: U.S. Army Corps of Engineers PO Box 1890 Wilmington, North Carolina 28402 Telephone Number: (910) 251-4589 Fax Number: (910) 251-4744 _ E-mail Address; _nhilip m Pavonlcniisace.army.mil Page 1 of 9 MAR-6-2006 MON 13:10 TEL:9197336993 NAME:DWQ-WETLANDS P. 2 MAR. 6.2006 1:11PM NCDENR WIRO NO.253 P.8 III, Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties, Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and MRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the U'SACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: FY 06 Maintenance Dred in of NC All Inlet Crossings - Dredged Material Dis osal on Beaches. 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3, Property Identification Number (Tax pEI?): 4. Location County: Cartere Onslo Brunswick Nearest Town: Various Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.)-NC AIWW Inlet Crosgirngs_4t Bo e New River Lockwoods Foll d Shallotte Inlets, i ure 1). 5, Site coordinates, if available (UTM or Lat/Long): See Attached Sbe -t 6, (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 7. property size (acres): Project is linear a.lona AIWW and various Atlantic Ocean beaches 8, Nearest body of water (stream/river/souad/ocean/lake): .AIWW and Atlantic Ocean. 9. River Basin: Lumber. Cape Fear, White Oalr (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at.http://h*-Io,enr,state.ne.iis/admin/ma-o,;/-.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Maintenance ed 'n within Shallo e I,ockwoods Fo11 New River and Bowe Inlet Al Crossings to authorized depths with disposal of beach uali Bred ed material within previously authorized disposal locations on adjacent Page 2 of 9 MAR-6-2006 MON 12:21 TEL:9197336893 NAME:DWO-WETLANDS P.', 8 MAR. 6.2006 1:12PM NCDENR WIRO N0.253 P.9 oceatrfro beaches is proposed, The areas 12roposed to be dredged, ro o ed dred e i el' e routes, and proposed be ch dis osal areas are 1 own in attached i arcs 2 thro 5. These ,IYOR abili of the W W. Recent inlet crossin shave, shoals that si fie 1 im air the n, surveys indicate that the controjling depths in those specific AIWW eliannel segments are between 2 and 4.5 feet below mean low water, he Tnlet Crossings will be dredged to 14 feet below mean low water m.l. 12 feet authorized de th lug 2 feet allowable overde th . The quantities of shoal material to be dred ed are rovided in Table 1. Wlv e red ' in needed at the other four inlet crossings: Bear to Brown Shinn Creek, C Tina Beach d New Topsail the controlling _depths are generally not as limiting and dred ig_ng of those crossin s will be scheduled in the fall. Disposal of beach quali , dredged mate 'al will occur within previously designated reaches on ne b beaches. All the beach dis osal areas area roved for the cement of dred e material and have been previously used for that u ose. Describe the overall project in detail, including the type of equipment to be used, Maintenance dredging will be erfornied using a v atilic Dimling dredge. Dis oral o beach duality dredged material will occur within previously designated reaches on nearly beaches. Pipeline rotates are shown-wd have been selected to minimize im acts to roved for the shorebirds and other beach resources. All the beach dis osal areas are Placement of dred ed material and have been used for that purpose. Dredged mate ' 1 will be discharged on the beach at the''-6 feet mean sea level .s.l. contour and below, with return of the effluent to ie ocean. Bulldozers and/or other equipment 11 be used for s redin and shaping sand laced on the beach. Dred ed material must ave a mean sand content of 90 percent or greater to be acceptable for placement on the beach, The quantities of shcLal material to be dredged are provided in Table 1. Explain the purpose of the proposed work: To remove hoals that si 'ficantl impair safe navi ation in NC AINVW. TV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the U'SACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules, US, Army Corps of Engineers, Wilmington District filed: U.S. Army Corps of LnQineers, Wilminyton District. Finding of No SipificaT t Impact Channel Wideners at Inlet Crossings Atlantic Intracoastal Waterway North Carolina April 1998 Page 3 of 9 MAR-6-2006 MON 12:21 TEL:9197336393 NAME:DWQ-WETLANDS P.1 9 MAR. 6.2006 1:12PM NCDENR WIRD NO. 253 P.10 The NC AJVy7V Inlet Cresqi s ve been dredged for an ears. Emcrgmc?? funding has been received to remove sediment in the identified Wet crossing areas as a result of shoaling impacts from icane O helia in 2005. The USACL has been directed to complete this work prior to the upcoming 2006 Hurricane season. However, the recei t of faze was not received timely enough to complete work outside of the 1 April to 15 November closed environmental window The proposed FY06 work differs from the referenced work irijist dredging ti •oirld likely be conducted outside the normal dred in season. Water nfi Certification No. 3198 was is, hed for this ro'eet. 'WO Cert 3198 ex fired in 2001. More recently the work was erformed under General Cert No. 3493. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. recunzn requirement for m 'penance dred in the IWW navigation cha tel and disposal of sand material on the beach is anticipated. However, it is expected that fiiture work, will be conducted during the normal dred in windows. VI. Proposed Xmpacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project, The applicant must also provide justification for these impacts in Section VII .below, All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a. delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Materiatis to be hydraulically oral dredged and numned to the desiana_t_ed oceanfront beaches for the u ose of A while retainir g those sands in the active littoral s, stem. The disposal area beaches have been used previously for that purpose. The estimated leng-th of beach required for beach disposal is provi_ ed in Table 1. 2. Individually list wetland impacts below: Wetland Impact Silo Number (indicate an ma Type of Impact+ Area of Impact (acres) Located within 100-year Floodplaiu** es/no Distance to Nearest Stream (linear feet Typo of Wetland*** Page 4 of 9 NAR-6-2006 MON 12:21 TEL:9197336893 NAME:DWQ-WETLANDS P.' 10 MAR. 6.2006 1:12PM NCDENR WIRO N0.253 P.11 List cacti annaci aeoarately and identify temporary izApacts. Impacts include, but are not limited to, mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and noodtng. 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurauca Rate Maps (FIR'vi), or FEMA-approved local iloodplain maps. Maps are available througli the FEMA Map Service Center at 1-800.358-9616, or online at h Avww.fema. eov. «** List a lvaland type that best describes wetland w be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Day, bog, etc.) Indicate if wetland is isolated (deterrninatien of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 1NTo wetlands impacted-by proposed actions. 3. Individually list all intermittent and perennial stream impacts below: Stream Impact site Number indicate on ma Typa of Impact* Length of Impact inear feet Stream Name** Average Width of Stream Before Im act Peremial or Intermittent? (please sec * List each impact separately and identify temporary impacts. Impacts include, but are not Wnited to: culverts and associated np .'up, dams (separately list impacts due to both structure and flooding), relocation (include linear fact before and after, and net loWgain), stabilization activities (cement wall, rip-rap, crib v,-4 gobions, eto.), excavation, ditching/Maighuming, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated sueatxs must be included. Stream a:taes can be found on'USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest dowt:stream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at ww%v.uscs.Rov, Several interact sites also allow direct downIoad and printing of USGS maps (e g., my3y tQ.p zgntsom www.mnmir,t.corn, etc.). Cumulative impacts (linear distance in feet) to all streams on site, No impacts to streams. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic ocean and any other water of the U.S.) below: . Open Wamr Impact Site Number indicate on mao Type of Impact" Area of Impact (acres ( Name app li aeablele) y Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Maintenance dredging " NC AIWW Coastal inlet, Estuary Beach Disposal Page 5 of 9 MAR-6-2006 MON 12:22 TEL:9197336e93 NAME:DWQ-WETLANDS P.11 HAR. 6.2006 1:12PN NCDENR WIRO + List each impact scparaiely and identify temporary impacts. flooding, drainage, bulkheads, etc. Note: * Table 1 describes length of shoal to be essentially linear features. 110.253 P.12 Impacts include, but are not limited to: fill, excavation, dredgi4& dredged and length of disposal beach. These are 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated oa any maps included with this application. Pond to be created in (check all that apply): D uplands ? stream Q wetlands Describe the method of construction (e,g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to aveid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible, Also disews how impacts were minimized once the desired site plan was developed If applicable, discuss constriction techniques to be followed during construction to reduce impacts. Beach disposal involves direct T3Mping_qf dredged material in a slu on be ch and subsequent movement and-r-laeement by btilldozer. Small sand berms are artificially created along waterfront waterward of disposal area to minimize amount of material flovA:rig directly back into water body. For the proposed FY'06 activity outside of the dredging window, the wor"as been reduced to that where significant impairment of nand ation exists. The i elute routes have been adiusted to avoid shorebird habitats to a aximum extent ossible, VM Mitigation DVril'Q - Tn accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. U'SACE In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted Page 6 of 9 MAR-6-2006 NON 12:22 TEL:9197336393 NAME:DWO-WETLANDS P.', 12 HAR. 6.2006 1:13P•i NCDENR WIRO N0.253 P.13 aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete, An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http,//h2o.enr.state.ne.us/ icwetlands/strrng-ide.html, 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservatioa mechanism (e,g,, deed restrictioas, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation islanned e required for mtennce of this existing _project Work will be monitored to ensure compliance with all applicable terms and conditions. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at hM!//h2o.enr.,c;tate.nc.us/-vNTn/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following infonuation: Amount of stream mitigation requested (linear feet):- N/ _ Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non,riparian wetland mitigation requested (acres); N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes No ? Page 7 of 9 MAR-6-2006 MON 12:22 TEL:9197336693 NAME:DWO-WETLANDS P., 13 HAR. 6.2006. 1:13PM NCDENR WIRO N0.253 P.14 X. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SF-PA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes 0 No [I If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ? Proposed Impacts on Riparian and Watersbed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all imparas to required state and local buffers associated with the project, The applicant must also provide justification for these impacts in Section VIX above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No Z If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. rf buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s aro feet Multiplier Required Mitt atioa 1 3 2 1.5 Total + Zone 1 enends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1, ff buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or .0260. Buffer mitigation not applicable Page 8 of 9 MAR-6-2006 MON 12:22 TEL:9197336893 NAME:DWO-WETLANDS P.' 14 HAR. 6.2006 1:13PM NCDENR WIRD N0.253 P.15 M. Storm`vater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Not applicable XIL Sewage Disposal (required by DWQ) 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. Not applicable 7III. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Is this an after?the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). e2,4j:?M+e,- 23 Frlbvz" 26oG. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 MAR-6-2006 NON 12:22 TEL:9197336893 NAME:DWO-WETLANDS P.! 15 11IAR. S. 2006 1:10PM NCDEIAR WIRO N0.253 P.2 rZKYTO r ATTENTION 4F: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINE RS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 4t?sA?.? 6 v February 23, 2006 Environmental Resources Section Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604.-2269 Dear Ms. Karoly: w r ?? 2oos c The U.S. Army Corps of Engineers, Wilmington District (USACE) propose to perform maintenance dredging within Shallotte, Lockwoods Folly, New River, and Boguc Inlct AIWW Crossings to authorized depths and dispose of beach quality dredged material within previously authorized disposal locations on adjacent oceanfront beaches (Figure 1). Portions of the AIWW acar inIct crossings are a particular maintenance problem because the hydrodynamic activity of inlets moves considerable amounts of sediment that contributes to high shoaling rates. The areas proposed to be dredged, proposed dredge pipeline routes, and proposed beach disposal areas are shown in attached Figures 2 through 5. Tliese inlet crossings have shoals that significantly impair the navigability of the A1WW. Recent surveys indicate that the controlling depths in those specific AIWW channel segments are between 2 and 4.5 feet belovy mean low water (m l.w), The inlet crossings will be dredged to 14 feet below m.l.w. (12 feet authorized depth plus 2 feet allowable overdepth). The quantities of shoal material to be dredged are provided in Table 1. We propose to begin maintenance drudging as soon as environmental approval and acquisition requirements allow. While dredging in needed at the other four inlet crossings; Bear to Brown, Shinn Creel; Carolina Beach, and Now Topsail, the controlling depths are generally not as limiting and dredging of those crossings will be scheduled in the fall. Disposal of beach quality dredged material is proposed for previously designated reaches on nearby beaches. All the beach disposal areas are approved for the placement of dredged material and have been used for that purpose. Dredged material will be discharged on the beach at the +6 feet mean sea level contour and below, with return of the effluent to the ocean. Bulldozers and/or other equipment will be used for spreading and shaping sand placed on the beach. All dredged material will have a mean sand content of 90 percept or greater and will be acceptable for beach placement. Maintenance dredging of navigation channels has become increasingly expensive while the Federal budget for the operation and maintenance ofnavigation projects is being continually reduced. Fiscal Year 2006 appropriations forA1WW maintenance were not sgffrcicut to consider solicitation of a contract to perform the AIWW inlet crossing maintenance dredging. The Wibnington District recently received emergency funding to remove shoals in the identified inlet crossing areas as a result of impacts from hurricane Ophelia in 2005. We have been diracted to complete this work prior to the upcoming calendar year 2006 hurricane season. This ARM maintenance work is normally scheduled to begin after 15 November, within the applicable environmental dredging window of IS November through 1 April. However, the funds were not received timely cnouo to conduct the work during Ibis period. 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Mtf rn • 1?.9 }.m ?-2 SALE JL EZET ffi i 6 A WW Yr ? . r. p ny 1 .41 I' J J 1 1 I ' I I 7 I ?I I ?z 70 O 1 N U1 w I I J I-0 I, I? 1 1 I I 1 1 Figure 5 Bogue Inlet Crossine j 3 :II Q1 N Q 3 O Z N ru r -I M r- l1) CAI ) G iD W W Z 2r 3 M 0 E M r- Z D In Table 1. North Carolina AIVVW Inlet Crossings. oRnvnCr=n GFS?Rr1=nIr?V P IAIrl1ATC, lhlflRV AREAS LISTED IN PROPOSED ORDER OF WORK Quantities Including Anticipated Shoaling Approximate Antlcrpated Estimalcd Length of l0redging , Disposal Cubb-Yards 2-FtAilowaYs TolaTCubic SeacTtiDlsposal Shoal [F0 (Days) Dredging Area Areas Survey Date to Req Depth' OverdapO Yards l_enath (Fw (see 1101e) LockwcDds Fcllf Inl2tCrossing TarCent11 East end of Holden Beach 14-Feb-D4 35,001) 90,060 G.',,DCO CM 2,201) i5 51RI tfeinIACrassin!] Tanrgant 79 and 2D Ocean Isla Beach 2GSep-05 40,DC0 3.5,DOa 75,91)0 750 3,500 20 Bogua Inlet Cressina - west end Df Emerald Tangent G. Section 1 &Tangent F, 5e42bn 1 153e 22-Sep-05 165,CDii 2D,000 95,COD 050 2,000 15 Hew River Inlct CTosstn North Topsail Beacb Tanflent I, Seclion2 $ TmrgantJ, ticctivn 2 9-dan-00; G0,00D 60,000 120,090 1.200 3,090 21) Nnt- i Reg (Raguired) depth for ANVW Is-12 h 2Allmhablaff:erdeplhts 2fl oftoad2pthoT-14fl a allmated al 1C0 ca yds 11 finear fool of beach. Eslimate uses maximum d. edge quarr'a;y pesaL;ra. 4Anttvatad dredging days =aciaal dradyog days- Does nal includ3 mob and demob days, weather d.Tys, equipment dorm l me fl:-. MosL curwmt trldrngraptrbc swveps we avalalt,k on Lr1mingl0n DIsWcft 140paLion Web PEra httpll;x".vrtsaw.wam.arrry rnMazn ' Cler•nl VCAD ?1f1r17 illlnDt! • T O1 N 0 C" 3 To sail Inlet Crossing Torxgcnta, Section 3 flea, soulfi end of T sa r Beach 27-scp-05 30,400 40 000 70,DD0 700 5,200 30 Shinn Crcek Crossfng Tangent 3, &c:Von 4 Upland Dike Island Vo. 251 23-Sep-05 11),060 v'000 23,000 tU1- UPLAND 1,861) 15 CamlinaBeach Inlet Crossin Tangent i, Sr t lion -0 Noah end Cr Carol;na Roach 20-Sep-05 13,001) 25,01)0 4D,DD0 41)0 2,01)0 15 Bear to Braven's Inlet GT05dQ NerU m end olOaslow Tangent F, SecOonZ Beach; MC B, Camp ne lt-vjau 1-0d-05 0,01)0 1),000 9,090 00 ,600 0 Z n c7 M E H O O N Ul W T athxil8.xts