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HomeMy WebLinkAbout20090685 Ver 1_DMF Comments_20090720A i i r 1) q-ot.ps5 C) 41 P D ril,U ?uvk?nl 2 o aoa DMF- HABITAT PROTECnna Date: 1(. I G, 9 ::] Due Date: /? 2-[ County: 6t,e- ti To: .- Trish Murphey Sara Winslow Rich Carpenter Sean McKenna Red Munden Rock Newman Lynn Henry Brian Cheuvront Randy Gregory Anne Deaton From: Jeanne Hardy ' Habitat Protection Section Applicant/Project Name: Vic'-- t ?,'s `s pC REPLY: No comment. This office supports the project as proposed. / Comments to this project are below or attached. jects to the project as proposed. SIGNED DATED: 0 NC Division of Marine Fisheries, Habitat Protection Section NorthCarohna 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 ;Vatura!!ff Phone: 252 808-80661 FAX: 252 727-51271 Internet: www.ncdmf.net An Equal Opportunity /Affirmative Action Employer- 50 % Recycled 110% post Consumer Paper North Carolina Department of Environment and Natural Resources Division of Marine Fisheries ayes Perdue Dr. Louis B. Daniel III W;r Director July 10, 2009 MEMO TO: Stephen Rynas FROM: Rich Carpenter kp- SUBJECT: Placement of granite fill at the base of Lock and Dam #1 Dee Freeman Seer e1,ary The Division of Marine Fisheries has reviewed the application from the US Army Corps of Engineers for placement of granite fill at the base of Lock and Dam #1. The Division has been working with the Corps on methods to allow the passage of anadromous fish past Lock and Dam #1. This material will form a base on which additional material will be placed to form a fish ladder with the intent of aiding these fish in their upstream spawning migration. In order to minimize adverse impacts to the estuarine resources in the area the Division recommends that a moratorium on in water work be imposed from March 15 through May 31. ngfo? Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28557 `)ne 796-7215'\FAK 910-350-2004\ .lnternet: www.ncdmf.net N(' 'thCa-, 1 p9-0685 WNA i e Use Only: O G 1 s action ID no. > . 2 2009 JUN Z Q project no. For Version 1.3 Dec 10 2008 Pre-Construc 'dMNdAfii Form A. Applicant Information 1. Processing 1 a. 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. 1 c. 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: Lock and Dam #1 Cape Fear River 2b. County: Bladen County 2c. Nearest municipality/ town: Riegelwood 2d. Subdivision name: NA Z009 2e. NCDOT only, T.I.P. or state project no: FNA DENR•WATER QUAIITy WETLANDS ANDST 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 : Michael.L.Hosey.II@sawO2.usace.army.mil Page I 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: Wilmington, NC 28401 4f. Telephone no.: Contact Coleman Long 910-251-4505 4g. Fax no.: Contact Coleman Long 910-251-4744 4h. Email address: Coleman.Long@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 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 / ? 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. USACE project constructed in 1935. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version