20090685 Ver 1_401 Application_20090609

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO JUN 1 1 2009
ATTENTION OF:
Environmental Resources Section
Mr. Ian McMillan
North Carolina Department of Environment
and Natural Resources
NC Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
09-0685
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JUN 1 2 2
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Dear Mr. McMillan:
The purpose of this letter is to apply to the North Carolina Division of Water Quality
(NCDWQ) for written concurrence to use water quality certificate #3687 in regards to the filling
of the scour hole below Lock and Dam No. 1, Cape Fear River, Bladen County (application
enclosed). As part of the Federal stimulus initiative, the Wilmington District requested and
received funding to assure stabilization of Lock and Dam No. 1 by filling the scour hole
downstream of the dam. Work would be pursued under Nationwide Permit No. 3. Also
enclosed is a check for the $570.00 application fee.
Lock and Dam No.I is located in Bladen County about 39 miles upstream of Wilmington,
North Carolina. There is about 2 feet of lunar tide at the dam, but based on monitoring
conducted for the Wilmington Harbor Federal Navigation Project during low flow conditions,
saltwater does not come within 20 miles of the dam. The turbulent scour hole below the dam is
over 40 feet deep and requires about 20,000 cubic yards of quarried granite rock to fill, with rock
fill not to exceed 200 feet away from the dam. The granite, with an estimated mean diameter of
2 feet, would be placed at the downstream base of the dam and continue downstream at a 1:5
(20%) slope. This rock would cover about 50,000 square feet (1.15 acres) of river bottom. This
created rocky substrate may provide spawning habitat for sturgeon. There are no other known
rock or gravel substrates downstream of the dam suitable for spawning. Filling the scour hole
would begin this fall and be should be completed by January 31, 2010. If construction is not
completed by then, no in water construction would take place until after the anadromous fish
spawning season (February 1 - June 15, 2010) is over.
The rock will probably be off loaded from a barge to fill the scour hole. The barge will be
loaded at the lock and dam or transported from another location.

-2-
We will be coordinating with the NMFS Habitat Conservation Division in Beaufort, North
Carolina regarding essential fish habitat. We have concluded informal consultation with the U.S.
Fish and Wildlife Service, Raleigh Field Office regarding the Florida Manatee. We will also be
coordinating with the North Carolina Division of Coastal Management regarding consistency
with the Coastal Management Program, even though the project is not in a coastal county, and
will be coordinating with NMFS, under Section 7 of the Endangered Species Act, regarding
potential impacts to the endangered shortnose sturgeon.
Preliminary discussions of this project have been conducted with Mr. Chad Coburn, N.C.
Division of Water Quality, Wilmington, North Carolina. If you have any questions, please
contact Ms. Jessica Mallindine of my staff at 910-251-4543.
Sincerely,
uj - J?0??+
W. Coleman Long
Chief, Planning and Environmental Branch
Enclosures
09-0685
-,

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 ab AS U

1.
Processing
- p
Wctuum
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ®Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3 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 o

? Yes nly for Corps Permit:

® 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: Lock and Dam #1 Cape Fear River D 41
2b.

2c. County:

Nearest municipality / town: Bladen County

Riegelwood
L
UN
2d. Subdivision name: NA DEN
2e. NCDOT only, T.I.P. or state
project no: NA SANDS10RAftAiij VW*
3. Owner Information
3a. Name(s) on Recorded Deed: U.S. Government
3b. Deed Book and Page No. Two tracts in parcel - Tract 41 - Deed Book # 156 Page # 300 and Tract 2 - Deed Book
# 48 Page # 501
3c. Responsible Party (for LLC if
applicable): U.S. Army Corps of Engineers
3d. Street address: Operations Manager Cape Fear Locks & Dams, PO Box 144
3e. City, state, zip: Moncure, NC 27559
3f. Telephone no.: 919-542-4501
3g. Fax no.: 919-542-3972
3h. Email address: Acting manager Michael Hosey : [e-mail]
OaO?_ W AT ?9 ?G
o ?
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: USACE
4b. Name: W. Coleman Long
4c. Business name
(if applicable): U.S. Army Corps of Engineers
4d. Street address: 69 Darlington Avenue
4e. City, state, zip: Wllmington, NC 28401
4f. Telephone no.: Contact Coleman Long 910-251-4505
4g. Fax no.: Contact Coleman Long 910-251-4744
4h. Email address: [e-mail]
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 11
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): 221300381209
1 b. Site coordinates (in decimal degrees): Latitude: 34.404 Longitude: - 78.293
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 16.6 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Cape Fear River
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV
2c. River basin: Cape Fear River Basin
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 dam at Lock and Dam #1 is about 275 feet wide and was constructed in 1935 for commercial navigation. A 40+ foot
scour hole has developed downstream of dam. Under the Corps' Dam Safety Action Classification (DSAC) system, Lock
and Dam #1 in 2008 received a Classification II. That classification means urgent (unsafe or potentially unsafe).
3b. List the total estimated acreage of all existing wetlands on the property:
No vegetated wetlands
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2500 feet
3d. Explain the purpose of the proposed project:
The application is for placing 20,000 cubic yards of granite rock along the downstream toe of the dam to preclude further
erosion and preclude unsafe conditions.The rock may also provide spawning habitat for the rare Atlantic sturgeon and the
endangered shortnose sturgeon.
3e. Describe the overall project in detail, including the type of equipment to be used:
The granite rock will be trucked to the lock and dam or barged to the site. If trucked to the site, the rock will be loaded
onto a barge. A track hoe or similar equipment will be used to place the rock along the toe of the dam. The rock will be
placed on a 1 on 5 slope away from the dam. Rock placement is scheduled to begin in the fall of 2009 and should be
completed by January 31, 2010. No rock will be placed in the river during the anadromous fish spawning run (February 1
through June 15th). If rock placement is not completed by January 31 st, placement will continue after June 15th.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
i
l
? Yes ®No ? Unknown
project (
nc
uding 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
h El Yes ® No
El Unkn
t
is project (including all prior phases) in the past? own
5b. If yes, explain in detail according to "help file" instructions.
USACE project constructed in 1935.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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)
Temporary 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
2g. Total wetland impacts 0
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
? I NT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? PMT ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 0
3i. Comments:
Page 5 of 11
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.
Open water
impact number -
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ®P ? T Cape Fear River Rock disposal in river to stabilize
dam. River 1.15
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 1.15
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total 0 0 0 0 0 0 0
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 11
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 El Other:
Project is in which protected basin? El Catawba El 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?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 0 0
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Rock used to stabilize dam will be clean and contaminant free(no sediment)
11b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
No actions during the anadromous spawning season and loading of barges will not create any land disturbance.
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
project? El Payment 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 Quantity
Page 7 of 11
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 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. 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: NA
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
No upland development, 0% impervious area
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
NA
? 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? NA
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? 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

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? 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 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. 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
? Yes
? No
letter.)
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 ? Yes ® No
additional 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.
NA
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. 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?

Raleigh
®
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS website and phone conversation with Mike Wicker(919-856-4520 ext 22)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Fritz Rohde( 252-838-0828) and 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?
Richard Kimmel- USACE 910-251-4994
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: It will not change the base flood, 100-year, elevation.
8c. What source(s) did you use to make the floodplain determination? Digital flood insurance rate maps on the NCFPM
webpage.
W. Coleman Long , , 1
IN S?Zg1?
Applicant/Agent's Printed Name Applicant/Agent's Signatu a Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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