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HomeMy WebLinkAbout20090685 Ver 2_401 Application_20100310..r REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Environmental Resources Section Mr. Ian McMillan North Carolina Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. McMillan: a L11W bN FJAR 2 2 2G110 DENR - WATER QUALITY WETLANDS AND STONWATER BRANUI The purpose of this letter is to apply to the North Carolina Division of Water Quality for a Section 401 water quality certificate regarding the construction of a rock arch rapids for fish passage immediately downstream of the dam at Lock and Dam No. 1. Fish passage was a requirement of the August 3, 2000 National Marine Fisheries Service Biological Opinion under the Endangered Species Act, as amended. The project is described in detail in the enclosed the Environmental Assessment. Rock Arch Rapids Fish Passage, Cape Fear River Above Wilmington North Carolina Lock and Dam No. 1. Bladen County. North Carolina, dated March 2010, and the enclosed Pre-construction Notification (PCN) form. In summary, Lock and Dam No. 1 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 during low flow conditions, saltwater does not come within 20 miles of the dam. This project will utilize granite fill stone (class B riprap) covered by a layer of larger wearing stone that will be placed near the top of the dam and continue downstream at a 1:20 (5 percent) slope. Approximately 100,000 cubic yards of rock will be used in construction covering about 3.0 acres of river bottom. (About 25,000 cubic yards to stabilize the scour hole covering about 1.0 acre of river bottom, and an additional 75,000 cubic yards to complete the rock rapids with about 2.0 acres of additional river bottom covered). Boulders (3-4 feet in diameter) will be placed on the surface of the constructed rapids in parallel veins about 20 feet apart resulting in approximately one vein per foot of elevation change along the rapids. These surface boulders are sized such that they will not be moved by water velocity or debris such as downed trees. The boulders will be placed so that they slow the water velocity and provide "flow shadows" which will allow fish to rest. Generally, the boulders in the veins will be contiguous, but occasionally there will be gaps in the veins to allow fish to pass in low flow conditions. However, for the majority of the spring migration period, the boulders will be submerged and the constructed rapids will just appear to be areas of rough water. The center of the rapids will be about 1-2 feet lower than the sides so that during low flow conditions, -2- water is concentrated in the middle and fish can still pass. Another advantage of the lower center is that the flow will be concentrated toward the middle of the stream which will help preclude erosion of the adjacent shorelines. The constructed rock rapids will provide access to upstream spawning habitat for the federally recognized, endangered shortnose sturgeon (Acipenser brevirostrum). Other anadromous species that will benefit from rapids construction include striped bass (Morone saxatilis), American shad (A/osa sapidissima), Atlantic sturgeon (Acipenser oxyrhynchus), and river herrings including alewife (Alosa pseudoharengus) and blueback (A/osa aestivalis). Enclosed are 5 copies of the Section 401 water quality certification application and the required $570.00 check for the proposed work at Lock and Dam No. 1 described above. If you have any questions, please contact Mr. Frank Yelverton of my staff at 910-251-4640. Sincerely, efferson avage Colonel, U.S. Army District Commander Enclosures Copy Furnished: Mr. Chad Coburn NC Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 W ATF9OG 7 1 ? ? - C) LP a 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 &I ED A ur 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ®Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: n/a or General Permit (GP) number: n/a 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 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Z Yes ? No 2. Project Information 2a. Name of project: Rock Arch Rapids Fish Passage, Cape Fear River Above Wilmington, NC, Lock and Dam No. 1 2b. County: Bladen 2c. Nearest municipality / town: Riegelwood Eacl 2d. Subdivision name: n/a ;f 2e. NCDOT only, T.I.P. or state project no: n/a MAR r 2 2i? d 3. Owner Information DENR • WA R RUAL MRANDS AND U0R%1'sgIER BRA14CH 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 1 of 13 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: U.S. Army Corps of Engineers 4b. Name: Jefferson M. Ryscavage, Colonel U.S. Army, District Commander 4c. Business name (if applicable): U.S. Army Corps of Engineers 4d. Street-address: 69 Darlington Avenue 4e. City, state, zip' Wilmington, NC 28403 4f. Telephone no.: Contact Frank Yelverton 910-251-4640 4g. Fax no.: Contact Frank Yelverton 910-251-4744 4h. Email address: frank. yelverton@usace. army. m i I 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 13 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 proposed project: Cape Fear River 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Cape Fear River Basin Page 3 of 13 PCN Form - Version 1.3 December 10, 2008 Version 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 No. 1 is 275 feet wide and was constructed in 1915 for commercial navigation. Currently locking is only used for recreational vessels and fish locking to upstream waters. 200,000 visitors per year use the picnic and boat launching facilities at each of the three Cape Fear River locks and dams, and there are two water supply intakes upstream of Lock and Dam No. 1 that depend on the pool to provide water to 250,000 people in southeastern, NC. 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: 2,500 feet 3d. Explain the purpose of the proposed project: The National Marine Fisheries Service (NMFS), August 3, 2000 Biological Opinion (BO) Reasonable and Prudent Measure, Terms and Conditions, required that fish passage be constructed at Lock and Dam No. 1 and be studied at Lock and Dam Nos. 2 and 3. This was required due to the potential impacts on the shortnose sturgeon from blasting rock to deepen the authorized Wilmington Harbor Project. Construction of a rock rapids at Lock and Dam No. 1 will satisfy this condition. Page 4 of 13 PCN Form - Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: The project will utilize granite fill stone (class B) covered by a layer of larger wearing stone that will be placed near the top of the dam and continue downstream at a 1:20 (5 percent slope). The slope of the rock arch rapids is generally at 5 percent or flatter (figure 3 of the EA) to keep velocities low and rock placement is designed so that they would appear as a natural rapids to the migrating fish. Boulders, generally 3-4 feet in diameter are placed on the surface of the rapids in parallel veins about 20 feet apart, which results in veins about every foot drop in elevation. These stones are sized such that they will not be moved by water velocity or debris such as downed trees. The center of the rapids is about 1-2 feet lower than the sides so that during low flow the water is concentrated in the middle in order that the fish can still pass. This is also referred to as a low flow notch. Another advantage of the lower center is that the flow is concentrated toward the middle of the stream which helps preclude erosion of the adjacent shorelines. Approximately 100,000 cubic yards of rock will be used in construction covering about 3.0 acres of river bottom. This estimate includes stabilization of a scour hole, about 40 feet deep, that has developed below Lock and Dam No.1 as a result of water plunging over the dam. Stabilizing this scour hole is necessary first to ensure stability of the dam structure. Of the 100,000 cubic yards of rock indicated above, about 25,000 cubic yards is required to stabilize the scour hole covering about 1.0 acre of river bottom. The additional 75,000 cubic yards is required to complete the rock rapids along with placing a small volume of this rock along the upstream face of the dam to offset the weight of the rock rapids on the dam. This action would require about 2.0 acres of additional river bottom covered. Placement of this rock would require removal of the steeppass fishway indicated in section 1.1 of the EA. However, the steeppass fishway would no longer be needed since the rapids would greatly improve fish passage. A problem when considering a rock rapids structure is that locks were not present when rock rapids were constructed at other dams. If rocks were placed adjacent to the river side lock wall, the lock wall may experience instability. Therefore a protective barrier which may be a new sheet pile or similar structure will be constructed near the lock wall to contain the rocks without exerting any force against the lock. The new barrier will be parallel to and within about 10 feet of the lock which will leave a narrow strip of open water between the two structures. However any fish that may enter this area can easily exit downstream. This space cannot be filled because the fill material may exert excessive pressure on the lock wall. The barrier configuration will not compromise fish passage since the rock rapids will be construction along greater than 95 percent of the 275 feet length of the dam. Normally, no in-water construction would take place during the annual anadromous fish moratorium window (February 1 - June 15); however, this window is requested to be reduced to March 15 - June 1 during construction. This will allow the facilities to be constructed sooner and thus provide upstream passage to anadromous fishes sooner. The National Marine Fisheries Service (NMFS) concurred with this narrower window via electronic mail (Rohde 2009). Shortnose sturgeon are not expected to be near the project location outside this window, and the bulk of other anadromous species are not expected to be present outside this proposed window either. Also as indicated in Collier 2009, no Atlantic sturgeon were captured near Lock and Dam No. 1 in any month over a ten year sampling period. Therefore, the proposed construction period is from June 2-March 14. The scour hole will probably be finished during one construction window (beginning in 2010) and the rock arch rapids finish during the following construction window (beginning in 2011). 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ®No ? Unknown 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. Page 5 of 13 PCN Form - Version 1.3 December 10, 2008 Version 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. On May 29, 2009, an application for a 401 Certification was created for the filling of a 40+ foot scour hole that had formed below the dam at Lock and Dam No. 1. A description of the previously approved project is as follows and has been copied verbatim from the May 29, 2009 application. "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. 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 31st, placement will continue after June 15th " The corresponding DWQ Project Number is 09-0685 and certification was issued July 2, 2009. As indicated in paragraph 3e above, the volume of the granite rock to fill/stabilize the scour hole has increased to about 25,000 cubic yards and the requested construction period has bee expanded to June 2 through March 14. 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. The scour hole will probably be finished during one construction window (beginning in 2010) and the rock arch rapids finish during the following construction window (beginning in 2011). Page 6 of 13 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 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 fle ar Temporary (T) (INT)? other) (feet) e ) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? PMT ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 7 of 13 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T Rock disposal in river to allow for 01 ®P ? T Cape Fear River anadromous fish passage over River Approximately 3.0 the dam 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 3.0 acres 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 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 8 of 13 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 ? Other: Project is in which protected basin? ? Catawba ? 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 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Rock disposed of in the river to aid in anadromous fish passage will be clean and contaminant free (no sediment). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. No in-water construction will take place between March 15 and June 1 in order to avoid potential impacts to anadromous fishes during their spawning season. The purpose of the rock rapids is to provide increased passage for anadromous fish during spring spawining. 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 El P t t i li f project? aymen o n- eu ee 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 9 of 13 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 10 of 13 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a . 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. El Yes [:1 No Comments: 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: There will be no upland development. There is 0% impervious area associated with this project. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: n/a ? 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? n/a ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? 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 11 of 13 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)? 1 c. 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 letter.) ? Yes ® No Comments: The EA has been provided to the state clearing house. 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. Once completed, this project will fulfill all mitigation currently required of the Corps at Lock and Dam # 1 by providing fish passage, and stabalizing the structure. No additional development is anticipated at Lock and Dam # 1. 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. n/a Page 12 of 13 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 Y ® es ? No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? ® Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ® Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS and NMFS websites (www.fws.gov/endangered/ and http://sero.nmfs.noaa.gov/pr/pdf/Species%20List/North°/a20Carolina.pdf). See attached EA for details. 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 of NMFS (252-838-0828). See attached EA for details. 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 of USACE (910-251-4994). See attached EA for details. 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: This project will not change the base flood, 100-year, elevation. 8c. What source(s) did you use to make the floodplain determination? Ray Batchelor of USACE (910-251-4729), and digital flood insurance rate maps on the NCFPM website (http://www.ncfloodmaps.com/asfpm_conf.htm). Jefferson M. Ryscavage Colonel U.S. Army MAR ? 9 2??? District Commander ? Alicant/Agen ' ature Date (Agent's aonly if an th ization letter from the applicant Applicant/Agent's Printed Name is pro d.) Page 13 of 13 PCN Form - Version 1.3 December 10, 2008 Version