20191700 Ver 3_Response to USACE RFAI_20240116

Natural Resource
Consultants
Baker, Caroline D
From:Jennifer Burdette <[e-mail]>
Sent:Tuesday, January 16, 2024 4:07 PM
To:Thomas, Zachary T
Subject:\[External\] FW: SAW-2012-01488 Request for Additional Information
Attachments:image002.wmz; image008.wmz; Fenton-FWS Species List.pdf; Fenton-NHP Report.pdf
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Jennifer Burdette
Natural Resource Consultants
New Address:
308 W Millbrook Rd, Ste D #200, Raleigh, NC 27609
[e-mail] – 919.422.3605

From: Jennifer Burdette
Sent: Friday, January 5, 2024 2:33 PM
To: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Cc: Kaylie Yankura <[e-mail]>; William H. Derks <[e-mail]>
Subject: RE: SAW-2012-01488 Request for Additional Information

Rachel,

Thank you for your review. Each item requested is repeated below followed by our response.

1. Your project falls within the critical habitat of the following species based on shapefiles provided by the
US Fish and Wildlife Service:
a. Greenfloater
b. Dwarf Wedge Mussel
c. Atlantic Pigtoe
d. Carolina Madtom
e. Neuse River Waterdog
Please provide additional information about the existing habitat of the stream, flow regime, and
relevant information about the resource so that we may conduct our informal consultation with FWS.
I’ve attached the official species list generated by the USFWS’s Information for Planning and
Consultation online tool and an NHP report on January 4, 2024. The species above were
included on the list as species that may occur within the boundary of the proposed project. The
USFWS list indicates either no critical habitat has been designated or the project does not
overlap proposed or final critical habitats designated for each species. The NHP report did not
report any federally threatened or endangered species on or within one mile of the project
area.
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In the area of the proposed impact, Walnut Creek is a high 3 order stream with perennial flow
and a substrate of sand, gravel, and cobble. Populations of greenfloater, dwarf wedge mussel,
Carolina madtom, and Neuse River waterdog are present in the Neuse River at or near the
confluence of Walnut Creek, approximately 15 stream miles downstream of the impact area.
Atlantic pigtoe is present in Walnut Creek below the dam of Lake Raleigh, approximately 3
stream miles downstream of the impact area. Lake Johnson and Lake Raleigh are
impoundments of Walnut Creek that separate the project area from these known populations.
Therefore, NRC has reached a biological conclusion of “may affect, not likely to adversely
affect” for all five of these species based on the project area’s lack of connectivity to a known
population.

2. Please be aware that all impacts associated with this project are considered cumulative.
Wetland W-5 and Stream S-4 proposed impacts within the streambed are necessary to provide
construction access and will be restored once construction is complete. Since these impacts are
temporary, they do not add to the cumulative loss of the project. Also, riprap for permanent
bank stabilization will be placed to maintain the pre-construction stream dimensions and will
not cause a loss of stream. This stabilization is necessary to prevent erosion under the
structure, which prevents the growth of streambank vegetation due to shading.

3. In the attached impact maps it appears as though you are putting filter fabric across the entirety of the
stream bed. Please provide justification as to why that would be necessary.
Filter fabric will only be placed under the riprap necessary to construct a temporary crossing
from which the heavy equipment will work to place the riprap bank stabilization under the
bridge. The filter fabric facilitates the removal of the temporary crossing riprap to restore the
stream to pre-construction contours following construction.

4. Please provide additional site photos that demonstrate the erosion activity.
Although the left bank of the stream has some vegetation, stabilization is necessary to protect
the bridge supports.

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Photo 1: Right bank of stream eroded close to bridge supports.

Photo 2: Left bank of stream eroded close to bridge supports.

Please contact me if you have any questions about the information provided.
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Natural Resource
Consultants

Thanks,
Jennifer

Jennifer Burdette
Natural Resource Consultants
New Address:
308 W Millbrook Rd, Ste D #200, Raleigh, NC 27609
[e-mail] – 919.422.3605

From: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, December 29, 2023 12:39 PM
To: Jennifer Burdette <[e-mail]>
Subject: SAW-2012-01488 Request for Additional Information

Thank you for your PCN, dated December 1, 2023, for the Fenton Bank Stabilization project. I have reviewed the
information and need additional information before proceeding with verifying the use of Nationwide Permit (NWP) 13.
Please submit the requested information below within 30 days of receipt of this notification, otherwise we will consider
your application withdrawn and close the file.

1. Your project falls within the critical habitat of the following species based on shapefiles provided by the
US Fish and Wildlife Service:
a. Greenfloater
b. Dwarf Wedge Mussel
c. Atlantic Pigtoe
d. Carolina Madtom
e. Neuse River Waterdog
Please provide additional information about the existing habitat of the stream, flow regime, and
relevant information about the resource so that we may conduct our informal consultation with FWS.

2. Please be aware that all impacts associated with this project are considered cumulative.

3. In the attached impact maps it appears as though you are putting filter fabric across the entirety of the
stream bed. Please provide justification as to why that would be necessary.

4. Please provide additional site photos that demonstrate the erosion activity.

Please let me know if you have any additional questions or concerns.

Thanks,
Rachel

Rachel Capito
Regulatory Project Manager
Wilmington District
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U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
919.440.1823

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