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HomeMy WebLinkAbout20090972 Ver 1_401 Application_20090909REPLY TO ATTENTION OF: Environmental Resources Section SEP 2 - 2009 Ms. Cyndi Karoly North Carolina Division of Water Quality 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604 Dear Ms. Karoly: A 09-0972 5rn??, o vvr? o?,0?`.rc? d?5 oz y o ®?CJ? o w , ? ti?C9 SEe Pv?' ?,?" O?,NR?p5Z0?""- The U.S. Army Corps of Engineers, Wilmington District, proposes the reconstruction of the breakwater protecting the Atlantic Harbor, located in Core Sound at Atlantic, Carteret County, North Carolina. A completed PCN, which includes a project description and figures detailing the project, is enclosed. In addition, a check in the amount of $570 is included. Thank you for your attention to this matter. Should you have any questions, please contact Mr. Jeff Richter of my Environmental Resources section at telephone 910-251-4636. Sincerely, lJV , W. Coleman Long, Chief Planning and Environmental Br Enclosures DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 09-'0972 F WATF ? r 1 1 ? - ° ? Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN Form A. Applicant Information 11 1. Processing , ;,; ?.,..,._.4 11 F- .. 1 a. Type(s) of approval sought from the Corps: J EI Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ? 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. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ? No 2. Project Information 2a. Name of project: Atlantic Harbor Breakwater Replacement 2b. County: Carteret 2c. Nearest municipality / town: Atlantic 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: US Federal Government 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page I of 12 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: Colonel Jefferson M. Ryscavage, District Commander, c/o Jeff Richter 4c. Business name (if applicable): 4d. Street address: 69 Darlington Avenue 4e. City, state, zip: Wilmington. NC 28403 4f. Telephone no.: 910-251-4636 4g. Fax no.: 910-251-4744 4h. Email address: jeffrey.h.richter@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 12 PCN Form -Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): Latitude: 34.8844 Longitude: - 76.3317 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Core Sound proposed project: 2b. Water Quality Classification of nearest receiving water: SA; ORW 2c. River basin: White Oak 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 breakwater project area is a Corps of Engineers breakwater constructed to protect the entrance channel into Atlantic Harbor. Damaged by Tropical Storm/Hurricane Ophelia in 2005, most of the area is now open water. Water from Atlantic Harbor is presently mixing with Core Sound water, a combination which has resulted in shellfish closure of the immediate project area. DA 26 is an existing upland diked disposal facility adjacent to Core Creek, just north of NC Hwy 101 bridge, in Carteret Co. Site is routinely used for disposal of sandy material dredged from AIWW in Core Creek landcut. In between disposal events, underlying property owner actively removes sand material via one or more dike "cuts". This removal is presently occurring. 3b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: None 3d. Explain the purpose of the proposed project: Reconstruct the breakwater to reestablish protection to the entrance channel to Atlantic Harbor. 3e. Describe the overall project in detail, including the type of equipment to be used: Prior to the deposition of any material, a turbidity curtain will be installed around the work area at Atlantic. Dump trucks will transport material from the DA to the breakwater by roadway. Upon arrival at the Atlantic Harbor of Refuge, fill material will be deposited adjacent to existing high ground. The contractor will use this deposited material to fill sandbags (each approx 15 feet long by 5 feet wide by 2 feet high) to construct a retaining wall along the west side of the breakwater. Any breaks/weak areas along the existing sandbag wall on the east side of the breakwater (constructed by Carteret County in 2006) will be repaired using new bags filled similarly to the bags used on the west side. The sandbag wall would be + 1 foot Mean High Water (MHW). Prior to placing the bags, some smoothing of the wall alignment might be required. Once all sandbags have been filled, sand will be gradually pushed and shaped by bulldozer from the high ground within the sandbag structures to reconstruct the breakwater. The breakwater would be constructed with 10:1 side slopes and a top elevation of +6 feet MHW. The Corps' Coastal Engineering has advised the use of stone toe protection on the outside of the eastern sand bag structure to protect and increase bag life. If funding is available, this stone toe protection will be included in this project. If not, it may be constructed in the future when and if funding becomes available. At this time, few details or project specifics for the stone have been determined. If the stone toe protection is constructed as a component of this project, filter fabric will be installed on the inside of the stone and no repair or replacement of the eastern sand bag structure would be required. Sand would be pushed over the sand bags to the edge of the stone. The side slopes and top elevation would remain the same as described above. Page 3 of 12 PCN Form -Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Site is a previously functional breakwater, constructed by the Corps in 1972. The project was included in the 1976 Final Environmental Impact Statement, "Maintenance of the Waterway Between Pamlico Sound and Beaufort Harbor, North Carolina". The Corps prepared a consistency determination, dated July 27, 1982, regarding dredging and disposal of material on the east bank of the existing sand breakwater. By letter dated August 23, 1982, NCDCM concurred with the determination 6. Future Project Plans 6a. Is this a phased project? ®Yes ? No 6b. If yes, explain. Possibly. The sandbag and breakwater construction will occur this year. Stone toe protection is dependent upon available funding. If funding not available to include in present project, it is likely to be constructed at some time in the future, when funding becomes available. The Corps believes this construction should occur sooner rather than later , since the stone will protect integrity of bags and lengthen their functional lives. However, at this time, no contingencies have been made for timing if not included in this year's construction Page 4 of 12 PCN Form -Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ? Streams - tributaries ? Buffers ® Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Tem orar T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 29. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 12 PCN Form -Version 1.3 December 10, 2008 Version 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ? P ®T Core Sound at discharge of sand to reconstruct tidal estuarine 2-3 acres Atlantic Harbor breakwater 02 ?P?T 03 ?P?T 04 ?P?T 4L Total open water impacts 2-3 acres 4g. Comments: impacts will occur within footprint of previous breakwater 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 PCN Form -Version 1.3 December 10, 2008 Version 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 impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Project is designed to reconstruct the previously existing structure. Originally designed to pump dredged material directly to site, grain-size analysis proved too fine-grained a material. Features incorporated into project design (see below) to minimize turbidities 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction will occur within footprint of previous breakwater. Sandbags will be placed to outline footprint of structure, a turbidity curtain will be installed around project area, and dry sand will be pushed into water - all of which will limit turbidities 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® 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 ? Mitigation bank 2c. If yes, which mitigation option will be used for this El P project? ayment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type __7 Quantity Page 7 of 12 PCN Form - Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 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. 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 buffer mitigation? ? Yes ? No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 8 of 12 PCN Form -Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <2 % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project involves reconstruction of a sand breakwater, with retaining walls constructed of sandbags and possible use of stone toe protection in Core Sound. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase 11 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties El HQW 4a. Which of the following state-implemented stormwater management programs appl y El ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 12 PCN Form -Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? NO use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in i i ? Yes ® No add t onal 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. N/A Page 10 of 12 PCN Form - Version 1.3 December 10, 2008 Version S. 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 ? Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Frequent coordination with USFWS on similar project has allowed the Corps to determine that such a project, involving modified location of discharge of effluent from an existing confined upland disposal area, will have no impacts on endangered species or critical habitat. Furthermore, neither are located at the project site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? TE] Yes ? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Frequent coordination with NMFS on similar projects has allowed the Corps to determine that there are EFH and HAPC in the vicinity of the project. An EFH assessment is being prepared and will be coordinated with NMFS. 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 ® 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? In-house archaeolgy/cultural resources expert. Project involves reconstruction of previously existing sturcture. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: Project is located in Core Sound. 8c. What source(s) did you use to make the floodplain determination? in-house floodplain professionals W. Coleman Long, Chief Planning/Environmental Branch US Army Corps of Engineers Wilmington District EP 2 - 2009 69 Darlington Avenue Applicant/Agent's Signature r Date Wilmington NC 28403 (Agent's signature is valid only if an authorization letter fr eapplicant , is provided.) Applicant/Agent's Printed Name Page 11 of 12 PCN Form -Version 1.3 December 10, 2008 Version Page 12 of 12 PCN Form - Version 1.3 December 10, 2008 Version Figure 1. Location Map f J1 1 U C f$ Y DA 26 a? v ?. ? v Carteret County ?'t5 U NC Hwy o -?'- 101 _i p t, North River V , y M ?n Gj • F ,. Beaufort ? ? . ? _ ' 41 Legend R;gnt Of vvay M Disposal Areas Map Date: 11 Aug 2009 ?- Navigation Channel Imagery Date: 29 Feb 2008 -- Map #: sawgis-2009-061 Setback © 2008 DigitalGlobe 300 150 300 600 900 1,200 TTSiiiiiiiiiiii Feet x 1 r i „r AIWW DA 0026 a 9 2 r 4 A d N„0,£9.17£ 0 0 N co r- N„0 NA79. 3on33a 30 i1082iVH i IuE • 111 71N1MHOO2IVHOUNVIN SN33NION AO AN07 1N33NI N3 Away 'S'fl A A3A1:mS'N0I110NOO m zo'm al • I ?? 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