20100826 Ver 1_USACE Correspondence_20101220

DEPARTMENT OF. THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF.
December 17, 2010
Regulatory Division
Action ID No. SAW-2010-00716
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation, Natural Resources Program
ATTN: Mr. Amin K. Davis
1615 Mail Service Center
Raleigh, NC 27699-1615
Dear Mr. Davis:
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Reference is made to the application of October 4, 2010, for individual Department of the
Army (DA) permit authorization to permanently impact approximately 1.17 acres of adjacent
wetlands, 892 linear feet of unnamed tributary to the Mayo River stream channel and 0.054 acre
of open water. The proposed impacts are associated with the planned repair of an earthen dam
surrounding the lower pond within the newly renovated Mayo Mountain Access Area of Mayo
River State Park located north of the terminus of Old Mayo Park Road, near Mayodan,
Rockingham County, North-Carolina.
After review of your proposal, the United States Department of Interior, Fish and Wildlife
Services (USFWS) submitted comments by letter dated December 10, 2010 and revised those
comments in an email dated December 14, 2010. A copy of this letter and follow up email is
enclosed for your consideration and response. Specifically, the USFWS stated the following:
1. Initially USFWS felt that due to the recent awareness of populations of two federally
listed species in the Mayo River near the project site it was recommend that the
permit be held in abeyance pending fish and mussel surveys. Upon further discussion
regarding the project location and the presence of a pond downstream of this project
the recommendation for T&E surveys was retracted.
2. They believe impacts have been reduced and minimized to the maximum extent
practical.
3. The project will have no effect on federally threatened or endangered species as long
as the appropriate erosion and sediment controls are used to prevent sediments from
migrating to the Mayo River.
4. They have no objection to the issuance of this permit.
Written comments were also received from the North Carolina Wildlife Resources
Commission ()VRC) on November 18, 2010. A copy of this correspondence is enclosed for your
consideration and response. Specifically, the WRC stated the following:
1. The project will have no effect on federally threatened or endangered species as long
as the appropriate erosion and sediment controls and disposal are used to prevent
sediments from migrating to the Mayo River.
2. The pond may require a minimum flow release and this should be coordinated with
the NC Division of Water Resources at [phone]. If the pond has a minimum
flow release it should be maintained during construction/repair and the filling of the
pond.
3. Re-establishment of vegetated buffers is recommended.
4. They have no objection to the issuance of this permit.
Written comments were also received from the National Oceanic and Atmospheric
Administration's National Marine Fisheries Service (NMFS) on October 22, 2010. A copy of
this letter is enclosed for your records. No response is necessary. Specifically, the NMFS stated
the following:
1. The project would NOT occur in the vicinity of essential fish habitat (EFH)
designated by the South Atlantic Fishery Management Council or NMFS.
2. They have no objection to the issuance of this permit.
Finally, in brief detail please provide further description of the six primary considerations
that DPR used to evaluate their alternatives in the first paragraph under Block 23 of the IP
supplement emailed on November 18, 2010.
Your response to these comments must be given full consideration before we can make a
final decision on your application. We need your information to address the concerns/issues
raised over the proposed project. You may submit additional information, revise your plans to
help resolve the issues, rebut the issues made or request a decision based on the existing record.
We must hear from you by January 17, 2010, otherwise your application will be withdrawn. If
you have questions or comments, please contact me at my Raleigh Regulatory Field Office
address, telephone [phone] ext. 35.
3
Sincerely,
II
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Steve Kichefski
Regulatory Specialist
Raleigh Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. Ian McMillan
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107