20130412 Ver 1_Modifications_20180215

Strickland, Bev
From:
Haupt, Mac
Sent:
Thursday, February 15, 2018 9:51 AM
To:
'Aaron Aho'; Williams, Andrew E CIV USARMY CESAW (US)
Cc:
Goss, Stephanie; Jeffrey A. Fisher; Michael Scisco; Angela Allen
Subject:
RE: [External] Re: [Non-DoD Source] Re: SAW -2017-00511 Hoosier Dam Removal
Project INCOMPLETE NOTIFICATION
Aaron,
Thanks for sending the information. We will need a signed PCN (new version), you can send that to me by email.
Also, in your February 7t" email I believe you stated you were still composing your response to comment #8. 1 don't
believe we have received that yet. DWR will still be on hold for this PCN application until we receive those items.
Thanks,
Mac
From: Aaron Aho[mailto:[e-mail]]
Sent: Monday, February 12, 2018 1:41 PM
To: Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]>
Cc: Goss, Stephanie <[e-mail]>; Haupt, Mac <[e-mail]>; Jeffrey A. Fisher
<[e-mail]>; Michael Scisco <[e-mail]>; Angela Allen <[e-mail]>
Subject: [External] Re: [Non-DoD Source] Re: SAW -2017-00511 Hoosier Dam Removal Project INCOMPLETE
NOTIFICATION
External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
FlAort Spam.
Andrew,
Here are the updated figures and PCN form addressing your latest request. The figures have been updated to reflect the
PCN form designations and the PCN form has been updated to accurately reflect the figures. Also, there is an attached
table for the wetland impacts.
Let me know if this satisfies your needs and everything makes sense.
Kind Regards,
Aaron Aho
Land and Resource Associate
Unique Places LLC
PO Box 52357
Durham, NC 27717
p919.491.1964
uniqueplacesllc.com

On Mon, Feb 12, 2018 at 8:16 AM, Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]>
wrote:
Thanks, Aaron.
Andrew Williams
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884 ext. 26
-----Original Message -----
From: Aaron Aho [mailto:[e-mail]]
Sent: Monday, February 12, 2018 8:11 AM
To: Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]>
Subject: Re: [Non-DoD Source] Re: SAW -2017-00511 Hoosier Dam Removal Project INCOMPLETE NOTIFICATION
Andrew,
In regard to your latest request, I should get you these updated figures and the updated PCN form today.
Thanks,
<Blockedhttps://mai Ifoogae.appspot.com/t?sender=aYWFobOBIbm lxdWVwbGFiZXNsbGMuY29t&type=zerocontent&g
uid=Oe4571de-979d-4268-9356-Oacf0472322e>
Aaron Aho
Land and Resource Associate
Unique Places LLC
PO Box 52357
Durham, NC 27717
p919.491.1964 <tel:[phone]>
unigueplacesllc.com <Blockedhttp://unigueplaceslIc.com/>
On Wed, Feb 7, 2018 at 5:46 PM, Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]
<mailto:[e-mail]> > wrote:
Aaron,
Thanks for sending the updated information. It will be helpful in finalizing the project.
I just want to make sure that all of the impacts in the plans are also listed on Page 6 of the PCN. Could you please
cross reference the drawings with the impact tables? For example, place the label S1 on the impact map where the
dam removal is. Conversely, you may just update page 6 of the PCN and state in the comment section (2h and 3i)
impact S1 (Figure 5), Impact S2 (Figure 6), etc..

Please call me if you have questions. Thanks.
Andrew Williams
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
<Blockedhttps://maps.google.com/?q=3331+Heritage+Trade+Drive,+Suite+105%OD+Wake+Forest,+North+Carolina+27
587&entry=gmai I&source=g>
Wake Forest, North Carolina 27587
<Blockedhttps://maps.google.com/?q=3331+Heritage+Trade+Drive,+Suite+105%OD+Wake+Forest,+North+Carolina+27
587&entry=gmai I&source=g>
919-554-4884 ext. 26 <tel:(919)%20554-4884>
From: Aaron Aho[mailto:[e-mail] <mailto:[e-mail]> ]
Sent: Wednesday, February 7, 2018 5:08 PM
To: Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]
<mailto:[e-mail]> >
Cc: Goss, Stephanie <[e-mail] <mailto:[e-mail]> >; Haupt, Mac
<[e-mail] <mailto:[e-mail]> >; Jeffrey A. Fisher <[e-mail]
<mailto:[e-mail]> >; Michael Scisco <[e-mail]
<maiIto: [e-mail]> >
Subject: [Non-DoD Source] Re: SAW -2017-00511 Hoosier Dam Removal Project INCOMPLETE NOTIFICATION
Andrew,
See our response below in blue and also the attached documents that address document update needs. This
should address everything except for #8, which we are still putting together. Please, let us know if this satisfies the
points addressed.
1. In several locations within the PCN, including the PCN supplemental narrative and attached plans sheets, the
project is referred to as a "bank" or "mitigation bank". Please clarify whether or not the applicant is proposing this as a
mitigation bank.
A mitigation bank is not being proposed. The property was purchased by Rocky River Hydro, LLC on December 31,

2012. At the time, the plan was to remove the dam in order to establish a mitigation bank. Efforts were made in that
direction, thus some of the consultation documents talk about a mitigation bank, but the effort was abandoned in July
2016 when a NFWF grant was approved to remove the dam. These consultation documents are still relevant to our
purposes of removing the dam and remain in their original wording but the purpose is to remove the dam for the
positive environmental impact and not as a mitigation bank.
2. Please provide specific control measures to be implemented to alleviate any severe or long term impacts to the
Cape Fear Shiner critical habitat, as mentioned in the supplemental narrative (page 2).
A Biological Assessment has been submitted to USFWS regarding specific control measures to alleviate severe or
long term impacts to the Cape Fear shiner. We have attached a copy of this for you with this submittal.
3. Page 3 of the supplemental narrative mentions the stabilization of streambanks, post -dam removal and
stabilization of stream bed using grade control structures. Streambank and streambed impacts are shown/mentioned
at the location of the old crib dam. It is unclear if any additional stream bank/stream bed work will take place within the
footprint of the project area. If so, please specify the location, type and amount of impacts associated with any
additional streambank and grade control structures along other sections of the project area. If so, these impacts should
be listed in the PCN.
After the completion of dewatering of the impoundment, and inspection of the stream upstream and downstream,
it was determined that instream habitat structures would not be necessary for this project. The bed material is
heterogeneous and several bedrock seams act as grade control for the project. This language has been updated in the
supplemental narrative.
Streambank grading will occur along the area upstream of the dam if mechanical sediment removal is required by
permit as part of this project. This area will be stabilized with erosion control matting and seeded according to the
plans and specifications for the project. This area is shown in the grading plan with proposed contours and has been
included in a temporary impact on the PCN in Figure 5. Similar stabilization will occur on the streambanks at the
Hoosier Dam location. This is shown in the grading plan (Sheets 1.1— 1.4) and called out in Figure 5 of the PCN.
4. Section 133e of the supplemental narrative mentions the removal of the rock dam (crib dam). Please indicate if
any temporary impacts (fill for pump around or for double handling material) will be necessary. If so, please indicate
the location, and amount (linear feet and/or acres) on the plans.
No temporary fill of material will be required. Material will be taken from the channel and placed above the
ordinary high water mark along the stream banks during deconstruction. From there it will be placed in the permanent
stockpile areas shown on the plans. Temporary impacts associated with grading and placing of rock along the toe of
banks is shown on the construction plans and in Figure 6 of the PCN.
5. Section 133e of the supplemental narrative mentions the removal of the powerhouse and dam and the
construction of a causeway abutting the dam. Please indicate the causeway location on the proposed plans and
indicted the amount of fill within jurisdictional areas.
The causeway is shown on Sheet 1.3 of the construction plans (hatched with a gravel pattern) with a call out of the
cubic yardage of fill required. This is noted as a temporary impact on the PCN in Figure 5.
6. The supplemental narrative mentions dam material falling on the downstream side of the dam during
demolition. This may result in temporary fill at this location. Please estimate the location, amount of fill (cubic yards
and acreage) and the method of removal for any of this material. It should be shown as a temporary impact on the
PCN.

This is the causeway mentioned in Question 5, above. The temporary fill is estimated at 1,880 Cubic Yards. The
area is inclusive of where material may fall during demolition. Material will be removed mechanically according to
Stage 3 of the dam removal in the construction plans. This has been shown as a temporary impact on the PCN in Figure
7. Page 5 of the supplemental narrative mentions habitat structure implementation. Specific structures include
rocky riffle and lunker logs (instream). Please provide a plan sheet showing the location of these structures and the
amount of fill associated with them. These should be accounted for on the PCN.
Please see Question 3. This approach has been adjusted since dewatering. Unique Places and the design team feel
it is the best approach for the Cape Fear shiner and sensitive mussel species to impact as little of the riverbed as
necessary to create a stable and thriving habitat.
8. During several pre -applications meetings, compensatory mitigation was discussed. While the language within
NWP 53 states that in general, compensatory mitigation will not be required, it does not preclude it completely. As
such, during the pre -application meetings, monitoring of the existing on site wetlands was discussed. Methods
discussed included creating and implementing a schedule for verifying hydrology indicators of the current wetlands and
making routine wetland determinations for any newly formed wetlands. Please provide a statement and plan regarding
the monitoring wetlands that will potentially be impacted by this project and those that may form, post dam removal.
Please be aware that the Corps of Engineers may condition the permit verification to provide compensatory mitigation
at a later date, depending upon the final amount of wetland loss (if any) associated with this project.
We are still composing this response.
9. Please modify Figure 7 by using different labels, colors, hatching, etc. to distinguish between wetlands that you
have classified as follows:
a. functional/hydrological change
b. likely removed from jurisdiction
c. no change
This has been updated in Figure 7 and labeled to correspond with the PCN and JD
10. Please clarify if the applicant is the entity known as 130 Chatham or Rocky River Hydro, LLC. Also, please
provide a contact name, email address and phone number for the applicant.
Unique Places, LLC is consulting on this project for Tim Sweeney. Mr. Sweeney is the managing member of both
130 of Chatham, LLC and Rocky River Hydro, LLC. Several of the consultation reports have been commissioned under
130 of Chatham, LLC for this project, however, Rocky River Hydro, LLC is the correct applicant for this project. Rocky
River Hydro owns the two parcels immediately on either side of the Hoosier Dam and all direct impacts associated with
demolition will occur on these two parcels. This is not the case with the upstream crib dam, which sits between a
parcel owned by 130 of Chatham and another private landowner. Impacts will occur on 130 of Chatham property for
the removal of the crib dam.
Contact information: Tim Sweeney
Phone: [phone] <tel:(919)%20632-0161>
11. We recognize and appreciate that this project has been extensively coordinated with the US Fish and Wildlife
Service (USFWS) regarding the Cape Fear Shiner. However, please be aware that no activity is authorized under any
NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of
the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat

caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by
the NWP activity and are later in time, but still are reasonably certain to occur. We will coordinate with USFWS to
complete Section 7 consultation. In cases where the non- Federal applicant has identified listed species or critical
habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species or
critical habitat, or until ESA section 7 consultation has been completed.
Noted and understood
12. We recognize and appreciate that this project has been coordinated with the State Historic Preservation Office
(SHPO) regarding the dam and powerhouse. In cases where the district engineer determines that the activity may have
the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the
activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have
been satisfied. We will coordinate with SHPO to complete Section 106 consultation. For non-federal permittees, the
district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction
notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the
district engineer will notify the non- Federal applicant that he or she cannot begin the activity until section 106
consultation is completed.
Noted and understood
Aaron Aho
Land and Resource Associate
Unique Places LLC
PO Box 52357
Durham, NC 27717
p919.491.1964 <tel:[phone]>
uniqueplacesllc.com
On Fri, Jan 19, 2018 at 3:28 PM, Williams, Andrew E CIV USARMY CESAW (US)
<[e-mail] <mailto:[e-mail]> > wrote:
Mr. Aho:
The Pre -construction notification (PCN) for the Rocky River Hydro, LLC Hoosier Dam Removal Project (SAW -
2017 -00511), received on December 21, 2017 is incomplete.
In order for use to continue evaluating the proposed project, please provide/clarify the following
information/issues:

1. In several locations within the PCN, including the PCN supplemental narrative and attached plans sheets,
the project is referred to as a "bank" or "mitigation bank". Please clarify whether or not the applicant is proposing this
as a mitigation bank.
2. Please provide specific control measures to be implemented to alleviate any severe or long term impacts to
the Cape Fear Shiner critical habitat, as mentioned in the supplemental narrative (page 2).
3. Page 3 of the supplemental narrative mentions the stabilization of streambanks, post -dam removal and
stabilization of stream bed using grade control structures. Streambank and streambed impacts are shown/mentioned
at the location of the old crib dam. It is unclear if any additional stream bank/stream bed work will take place within the
footprint of the project area. If so, please specify the location, type and amount of impacts associated with any
additional streambank and grade control structures along other sections of the project area. If so, these impacts should
be listed in the PCN.
4. Section 133e of the supplemental narrative mentions the removal of the rock dam (crib dam). Please
indicate if any temporary impacts (fill for pump around or for double handling material) will be necessary. If so, please
indicate the location, and amount (linear feet and/or acres) on the plans.
5. Section 133e of the supplemental narrative mentions the removal of the powerhouse and dam and the
construction of a causeway abutting the dam. Please indicate the causeway location on the proposed plans and
indicted the amount of fill within jurisdictional areas.
6. The supplemental narrative mentions dam material falling on the downstream side of the dam during
demolition. This may result in temporary fill at this location. Please estimate the location, amount of fill (cubic yards
and acreage) and the method of removal for any of this material. It should be shown as a temporary impact on the
PCN.
7. Page 5 of the supplemental narrative mentions habitat structure implementation. Specific structures include
rocky riffle and lunker logs (instream). Please provide a plan sheet showing the location of these structures and the
amount of fill associated with them. These should be accounted for on the PCN.
8. During several pre -applications meetings, compensatory mitigation was discussed. While the language
within NWP 53 states that in general, compensatory mitigation will not be required, it does not preclude it completely.
As such, during the pre -application meetings, monitoring of the existing on site wetlands was discussed. Methods
discussed included creating and implementing a schedule for verifying hydrology indicators of the current wetlands and
making routine wetland determinations for any newly formed wetlands. Please provide a statement and plan regarding
the monitoring wetlands that will potentially be impacted by this project and those that may form, post dam removal.
Please be aware that the Corps of Engineers may condition the permit verification to provide compensatory mitigation
at a later date, depending upon the final amount of wetland loss (if any) associated with this project.
9. Please modify Figure 7 by using different labels, colors, hatching, etc. to distinguish between wetlands that
you have classified as follows:
a. functional/hydrological change
b. likely removed from jurisdiction
c. no change
10. Please clarify if the applicant is the entity known as 130 Chatham or Rocky River Hydro, LLC. Also, please
provide a contact name, email address and phone number for the applicant.
11. We recognize and appreciate that this project has been extensively coordinated with the US Fish and
Wildlife Service (USFWS) regarding the Cape Fear Shiner. However, please be aware that no activity is authorized under

any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects
of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical
habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are
caused by the NWP activity and are later in time, but still are reasonably certain to occur. We will coordinate with
USFWS to complete Section 7 consultation. In cases where the non- Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant
shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed
species or critical habitat, or until ESA section 7 consultation has been completed.
12. We recognize and appreciate that this project has been coordinated with the State Historic Preservation
Office (SHPO) regarding the dam and powerhouse. In cases where the district engineer determines that the activity
may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act
(NHPA) have been satisfied. We will coordinate with SHPO to complete Section 106 consultation. For non-federal
permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -
construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is
required, the district engineer will notify the non- Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed.
If you have any questions or concerns, please contact me. Thanks.
Andrew Williams
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
<Blockedhttps://maps.google.com/?q=3331+Heritage+Trade+Drive,+Suite+105+%OD+Wake+Forest,+North+Carolina+2
7587&entry=gmai I&source=g>
Wake Forest, North Carolina 27587
919-554-4884 ext. 26 <tel:(919)%20554-4884>