20090685 Ver 2_Finding of No Significant Impact_20100624

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY '1'0
ATI FN I ION OF June 17, 2010
Environmental Resources Section
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Dear Sir or Madam:
Enclosed for your information is a copy of the Finding of No Significant Impact
(FONSI), Rock Arch Rapids Fish Passage, Cape Fear River above Wilmington NC Lock and
Dam No. 1, Bladen County, NC. This FONSI has been prepared following consideration of all
comments received on the environmental assessment that was circulated for review in March
2010. This FONSI complies with the Council on Environmental Quality and the U.S. Arrny
Corps of Engineers regulations implementing the National Environmental Policy Act of 1969
(33CFR 230), as amended.
Based on information in the FONSI, the proposed Federal action will not significantly
affect the quality of the human environment; therefore, an Environmental Impact Statement will
not be prepared.
If you have any questions concerning the FONSI, please contact Mr. Frank Yelverton,
Environmental Resources section, [phone].
Sincerely,
4 -
J erson M. avage
olonel, t rmy
District Commander
Enclosure
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US ARMY CORPS
of ENGINEERS
WILMINGTON DISTRICT
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JUN 2 S 2010
DENR -WkTER OUAUTY
WETLANDS AND SMRIMATER BRANCH
FINDING OF NO SIGNIFICANT IMPACT
Rock Arch Rapids Fish Passage
Cape Fear River above Wilmington, NC
Lock and Dam No. 1, Bladen County, North Carolina
June 2010
Finding of No Significant Impact
Rock Arch Rapids Fish Passage
Cape Fear River above Wilmington, NC
Lock and Dam No. 1, Bladen County, North Carolina
June 2010
Subiect
Page
Table of Contents
1.0 Introduction ...................................................................................................... 1
2.0 Proposed Action ............................................................................................... 1
3.0 Alternatives Considered ................................................................................... 1
4.0 Public and Agency Coordination ..................................................................... 2
5.0 Impacts of the Proposed Action ....................................................................... 3
6.0 Environmental Commitments .......................................................................... 8
7.0 Finding of No Significant Impact .................................................................... 8
8.0 References ........................................................................................................9
Table 1. Environmental Impact Comparison of Alternatives ............................... 4
Appendices:
Appendix A - Responses to Comments Received on Environmental
Assessment (EA)
Appendix B - Letters and Memoranda Received During EA Comment
Period
i
1.0 INTRODUCTION
The National Environmental Policy Act of 1969, as amended (NEPA), requires consideration
of the environmental impacts for all federal actions. The proposed action and the
environmental impacts of the proposed action were addressed in the Environmental
Assessment for Rock Arch Rapids Fish Passage Cape Fear River above Wilmington NC
Lock and Dam No. 1, Bladen County North Carolina dated March 2010 (USACE 2010).
The purpose of this EA was to ensure the environmental consequences of the proposed action
are considered and that environmental and project information are available to the public.
This EA and Finding of No Significant Impact (FONSI) were prepared in accordance with
NEPA; the Council on Environmental Quality (CEQ) regulations (40 Code of Federal
Regulations (CFR) parts 1500-1508); the US Army Corps of Engineers, Department of the
Army procedures for implementing NEPA (33CFR parts 230 and 325); and Engineering
Regulation (ER) 200-2-2.
As a result of coordination of the EA with various regulatory agencies and the public,
comment letters were received. These comments are provided with this FONSI.
2.0 PROPOSED ACTION - ROCK ARCH RAPIDS FISH PASSAGE
This FONSI addresses construction of a proposed rock arch rapids fish passage at Lock and
Dam No. 1 on the Cape Fear River. In the August 2000 Finding of No Significant Impact
(FONSI) for Preconstruction Modifications of Authorized Improvements for Wilmington
Harbor (USACE 2000), a commitment was made by the U.S. Army Corps of Engineers, and
the Wilmington Harbor project sponsor, the State of North Carolina, to construct a fish
passage structure at Lock and Dam No. 1 on the Cape Fear River. This was also a
requirement of Term and Condition No. 8 of the August 3, 2000 Biological Opinion (BO) on
Wilmington Harbor from the National Marine Fisheries Service (NMFS 2000). This was
required to mitigate the potential impacts on the endangered shortnose sturgeon due to
blasting in the Wilmington Harbor navigation channel to remove rock. The type of fish
passage structure was not specified, but would be the result of further investigation and
coordination that led to the proposal of a rock arch rapids at Lock and Dam No. 1.
Construction of the rock arch rapids would provide greater access to historic spawning
grounds utilized by the federally listed shortnose sturgeon and other anadromous fish without
compromising congressionally authorized purposes of navigation or affecting water users
upstream of the dam.
3.0 ALTERNATIVES CONSIDERED
The alternatives investigated in detail in the EA were:
Proposed Alternative. In summary, rock arch rapids are designed so that they appear as a
natural rapids to the migrating fish. Large rocks are placed on the surface of the rapids in
vanes so that they slow the water velocity and provide "flow shadows" which allow the fish
to rest. Gaps in the rock vanes allow the fish to pass in low flow conditions. However, most
of the time during the spring migration period, the rocks are submerged and rapids just
appear to be an area of rough water.
The project will utilize fill stone (class B) covered by a layer of larger armor stone that will
be placed near the top of the dam and continue downstream. The slope will gradually
increase from around 3.3 percent slope at the dam to a constant 5 percent beginning 160 feet
downstream of the dam. This configuration was recommended by Dr. Luther Aadland,
Minnesota Department of Natural Resources who has experience in building over 30 rock
rapids. This is better for fish passage compared to a 5 percent slope indicated in the EA. A 3
percent slope had been requested by several agencies, but this would require a greater
volume of rock and due to cost constraints this could not be accomplished.
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 every foot or less drop in elevation. These stones are sized such that they
will not be moved by water velocity or debris such as downed trees. Dr. Aadland also
suggested revising the design to include 3-4 feet deep pools between the boulder veins to
assist in fish passage. These pools have been included in the current design.
The center of the rapids is 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.
Normally, no in-water construction would take place during the annual anadromous fish
moratorium window (February 1 - June 15); however, this window has been reduced to
March 15 - June 1 during construction of the fish passage.
The No Action Alternative. Fish passage would continue via locking which would preclude
recovery of the anadromous fish population.
Alternatives that could not be implemented if they were chosen, or that do not resolve the
need for action, should be eliminated as unreasonable before impact analysis begins.
Alternatives eliminated included:
¦ Nature-like fish passage and diversion rock arch rapids: both would have a low
probability of success because bottom dwelling fish like the shortnose sturgeon would have
difficulty locating the entrance to the channels.
¦ Rock arch rapids in lock chamber: rock in the lock chamber would preclude navigation
which would require deauthorization of the project.
¦ Lower or remove the lock and dam: both would adversely impact water supply users
upstream of the dam and would preclude navigation which would require deauthorization of
the project.
4.0 PUBLIC AND AGENCY COORDINATION
On March 19, 2010, the Environmental Assessment for Rock Arch Rapids Fish Passage Cape
Fear River above Wilmington, NC, Lock and Dam No. 1, Bladen County, North Carolina
(USACE 2010), was mailed to federal and state agencies and the interested public for a 30-
2
day review and comment period. Comments on the EA (Appendix B) were received from
the following:
Federal Agencies
¦ US Fish and Wildlife Service
¦ US National Marine Fisheries Service
State Agencies
¦ North Carolina Department of Administration (Note: This agency is responsible for
coordinating North Carolina's review of Federal environmental documents)
¦ NC Wildlife Resources Commission
¦ NC Department of Environment and Natural Resources
• Division of Water Resources
• Division of Water Quality
• Department of Transportation
• Department of Cultural Resources
• Division of Coastal Management
• Division of Marine Fisheries
• Coastal Reserve Program
• Division of Environmental Health
• Division of Land Resources
Local Communities or Authorities
¦ Cape Fear Public Utility Authority
Elected Officials
¦ No Comments Received
Conservation Groups
¦ Cape Fear River Watch, Inc.
¦ The Nature Conservancy
Interested Businesses, Groups, and Individuals
¦ No Comments Received
None of the comments received identified any reasonable alternatives or major
substantive issues that are not already addressed in the EA or other documents. Also no
comments require substantive changes to the project or change the impact determinations in
the EA.
5.0 IMPACTS OF THE PROPOSED ACTION
Construction of the Proposed Alternative would not result in any significant adverse impacts
to the environment but would greatly increase fishery resources in the Cape Fear River
ecosystem. A summary of the impacts are indicated below.
Table 1 below provides a brief summary and comparison of impacts to the physical and
natural environment, and socioeconomic characteristics, for the Proposed Alternative and No
Action Alternative.
3
Table 1: Environmental Impact Comparison of Alternatives
Alternatives
Resource
Proposed - Rock Arch Rapids No Action
Geology and Sedimentation impacts that. would be short No Impacts
Sediments term and temporary
Water Minor impacts during construction to water No Impacts
Resources quality resulting from slightly elevated
temporary turbidity. No other impacts are
anticipated.
Air Quality and Minor impacts to noise during construction No impacts
Noise that will return to natural soundscape upon
completion.
Aquatic Significantly increase anadromous fish Status quo for most anadromous
Resources passage upstream of Lock and Dam No.1 fisheries except the shortnose
resulting in increases spawning success and sturgeon population may
populations. continue to decline.
Terrestrial Impacts could occur if stockpiling of rock is No impacts.
Resources needed on the east side of the river.
Wetlands and No impacts to either floodplains or wetlands. No impacts to either floodplains
Floodplains or wetlands.
Endangered and Increases in fish passage to historic Continued limited access to
Threatened spawning grounds which will benefit the upstream spawning grounds and
Species shortnose sturgeon. No negative impacts to further potential decline of the
manatees or shortnose sturgeon during shortnose sturgeon.
construction are anticipated.
Cultural No impacts expected. No impacts expected.
Resources
Socio-economic Potential increases in fisheries resources Status quo
Resources and recreational fishing activities.
Safety Rapids will stabilize the dam and eliminate Roller effect would still be in
roller effect. May create recreation action by place.
kayakers and canoeists.
Cumulative Fishery populations would increase. Status quo
Impact
The following paragraphs provide an explanation of why the selected action will have no
significant effects on the quality of the human environment.
Geology and Sediments: Since upland disturbance is not a component of this project, except
for possible stockpiling of rocks, no impacts are anticipated to geology with proposed
alternative. Minor sedimentation disturbance that is temporary and short-lived would be
expected with the proposed alternative
Water Resources:
Hydrology. Rock rapids are based on the very simple concept of making the dams
mimic natural rapids that fish are well adapted to pass. Placing rocks downstream of the dam
in a series of steps would appear to most individuals as natural rapids. There will be no
change in downstream hydrology as the rock rapids do not alter the discharges at the base of
the dam.
Water Quality. Placement of material in the stream would result in minor temporary
turbidity downstream of Lock and Dam No. 1 but overall impacts to water quality would be
minimal and of short duration. Rock used would be essentially free of sediments and debris
as well as contaminant free. This further reduces the short term impacts to water quality
caused by turbidity. The rapids may increase dissolved oxygen (DO) downstream due to
increased aeration over the rapids.
Water Supply. The proposed alternative will ensure stability of the dam using the
rock rapids as support which will ensure maintenance of the upstream pool.
Groundwater. The proposed alternative would not impact the groundwater in the
surrounding area.
Air Quality and Noise: An air quality conformity determination would not be required with
either alternative because Bladen County has been determined by the State of North Carolina to
be an attainment area, and the ambient air quality of this county is in compliance with National
Ambient Air Quality Standards. The direct and indirect emissions from the proposed
alternative will fall below prescribed de minimus levels, noise will only be elevated during the
construction period, and the project area is located in a remote area with few residences nearby.
Aquatic Resources:
Fisheries. The proposed alternative will provide a great benefit to the migration of
anadromous fish and other species passing upstream of the dam. Most species that migrate
downstream currently pass over the dam and that should continue to be the route of
downstream fish movement. The rock rapids will not lead to the spread of introduced species
such as blue and flathead catfish since they currently exist on both sides of the dam.
An extensive monitoring plan is proposed to determine the success of passage of anadromous
fish past Lock and Dam No. 1. This monitoring will be performed post-construction of the
rock rapids. The post construction monitoring plans will be similar to the studies conducted
by North Carolina State, University and CZR Inc. (Smith 2009 and CZR 2002, 2003, &
2004), as outlined in section 4.4 of the EA. A decision will be made determining what
percent of the tagged fish for each species need to pass through the rock rapids before it is
declared a success. Development of the success criteria will be a multi-agency effort.
Primary Nursery Areas are designated by the NC Marine Fisheries Commission and are
defined by the State of North Carolina as tidal saltwaters which provide essential habitat for the
early development of commercially important fish and shellfish. Primary nursery area extends
upstream on the Cape Fear River to Lock and Dam No. 1 even though saltwater is not present
there. The only work that would occur in this area under the proposed alternative is placement
of rock in the river to create rock rapids for anadromous fish passage. There may be short-term
elevated turbidity and noise during construction. However as indicated in section 3. 1.1 of the
EA, most anadromous fish should not be present during the proposed construction period of
June 2-March 14.
An Essential Fish Habitat Assessment (EFH) has been prepared (appendix B of EA) and
outlines impacts on the Primary Nursery Area potentially present in the vicinity of Lock and
Dam No. 1. Essential Fish Habitat is not applicable upstream of Lock and Dam No. 1 as that
area is not tidal and is freshwater. The proposed alternative is not expected to cause any
significant adverse impacts to essential fish habitat or EFH species.
Benthos. The benthic populations that are established should experience little
disturbance from the proposed alternative. Large populations of benthic organisms are not
expected within the scour hole due to high levels of turbulence and erosion.
Terrestrial Resources: For the proposed action, rock may be temporarily stockpiled on
Corps of Engineers property on the east or west side of the river. No land clearing should be
required on the west side, but if stockpiling occurs of the east side some forest clearing may
be required. If this occurs, the area will be replanted with native vegetation following project
completion. Also, sedimentation and erosion control permits will be obtained prior to any
clearing.
Wetlands and Flood Plains:
Wetlands. The proposed rock rapids fish passage structure would not be constructed
in vegetated wetlands. Therefore, there would be no impacts to wetlands during the
construction or maintenance of the proposed rock rapids fish passage alternative.
Floodplains. In accordance with EO 11988, Floodplain Management, all practicable
measures to minimize harm to the floodplain have been incorporated into the plans. The rock
rapids will be located in the floodplain, and they must be located in the floodplain to
accomplish its purpose, are designed to experience flooding events, and no buildings would be
associated with this project. The proposed alternative would not induce development within
the floodplain.
Endangered and Threatened Species: The only listed species in the immediate project
area is the endangered shortnose sturgeon. Fish passage is being required under the
Endangered Species Act (ESA) to increase the passage of the shortnose sturgeon. This
requirement relates to the endangered shortnose sturgeon and is discussed in detail in
appendix A of the EA. The Wilmington District believes that the proposed rock rapids is
fulfilling the requirements of Term and Condition number 8 of the BO and is compliant with
6
section 7 of the ESA. Therefore the COE is not requesting reinitiation of consultation for
this project.
If the proposed alternative was implemented, transport of materials through areas in which
manatees have been known to occur is not likely to adversely affect the species. All manatee
protocol regarding vessel traffic will be followed. A Biological Assessment on impacts to
endangered species can be found in appendix A of the EA.
Cultural Resources: The Cape Fear River Locks and Dams have been documented and
evaluated per National Register of Historic Places criteria and requirements of the Historic
American Engineering Record. The following summary is based upon studies conducted by
New South Associates for the Wilmington District. These include: Phase I Archaeological
Survey Cape Fear Locks and Dams and Proposed New Fish Channel (2002), Documentation
and Assessment: Cape Fear River Locks and Dams, Bladen County, NC (2003), Phase H
Archaeological Testing of Site 31 BL147, Bladen County, North Carolina (2008), and
Documentation: Lockmaster Houses at Lock and Dam Nos. 1 and 3, Cape Fear River,
Bladen County, North Carolina (2008). Five and seven-tenths acres of L&D-I are
considered eligible for inclusion on the National Register of Historic Places (NRHP).
Contributing elements include the lock and dam, the Lockmaster Residence, and one original
storage shed. Construction of the proposed alternative will not have an adverse effect on the
historic site so long as construction activities are confined to open areas and do not impact
existing structures. Construction plans, including details of staging and storage areas, will be
reviewed to assure that historic structures are avoided.
Socio-Economic Resources: If the proposed rock rapids alternative was constructed at Lock
and Dam No. 1, more anadromous fish will go further upstream and have greater spawning
success. This would eventually result in greater fisheries resources and greater commercial
and recreational fishing opportunities. Fishing for anadromous species at the base of the dam
should not experience any dramatic reductions as the fish will still have to traverse the rock
rapids and with increased spawning success the fish population will increase.
Esthetic conditions would not be significantly altered since rock rapids would appear to most
individuals as natural rapids. Construction of rock rapids would not adversely impact
recreation resources near the Lock and Dam. Visitation at the project may increase in future
years if the proposed alternative is implemented since increased anadromous fish passage and
spawning success upstream will result in larger anadromous fish migrations resulting in
increased fishing activity.
Safety: Filling the scour hole and constructing the the rock arch rapids will stabilize the dam
from potential impacts of erosion. Also when the rock rapids is constructed at the lock and
dam, the roller or "drowning machine" effect at the base of the dam would be eliminated.
There may be recreational use of rapids by kayakers and canoeists, they are usually very
safety conscious using helmets and life jackets, and appropriate safety signs will be installed.
Cumulative Impacts: The proposed alternative will have no cumulative adverse impacts.
The proposed alternative should enhance fish passage, especially for anadromous species,
upstream of the dam, which should result in increased spawning success. In addition, the
information on rock rapids fish passage from this project may be helpful related to fish
passage at other low head dams.
7
6.0 ENVIRONMENTAL COMMITMENTS
¦ The slope of the rock rapids will average less than 5 percent and will be a maximum of 5
percent in downstream areas
¦ In-water construction will not take place from March 15 through June
¦ Locking to pass anadromous fish will continue until the rock rapids is completed
¦ An extensive monitoring plan is proposed to determine the success of passage of
anadromous fish past Lock and Dam No. 1. This monitoring will be performed post-
construction of the rock rapids. The post construction monitoring plans will be similar to
the studies conducted by North Carolina State University and CZR Inc. Development of
the fish passage success criteria will be a multi-agency effort.
7.0 FINDING OF NO SIGNIFICANT IMPACT
I have reviewed the Environmental Assessment for Rock Arch Rapids Fish Passage Cape
Fear River above Wilmington NC Lock and Dam No 1 Bladen County North Carolina
dated March 2010, the information provided by interested parties, and the information
contained in this Finding of No Significant Impact, and I find that the proposed rock arch
rapids will not significantly affect the quality of the human environment. Therefore,
preparation of an Environmental Impact Statement pursuant to Section 102(2)(c) of the
National Environmental Policy Act of 1969, as amended, is not required.
Date: f 0 -S V j f q_010
-/
aX ?"
efferson M. Ryscavage
Colonel, U.S. Army
District Commander
8
8. REFERENCES
CZR. 2002. Preconstruction monitoring of American Shad, Atlantic Sturgeon and Striped
Bass Passage at Lock and Dam No. 1 on the Cape Fear River, NC. Year 1. Prepared for the
Wilmington District Corps of Engineers. http://www.saw.usace.arm?.mil/wilmincton-
harbor/FINALbrunswick2002.pdf
CZR. 2003. Preconstruction monitoring of American Shad, Atlantic Sturgeon and Striped
Bass Passage at Lock and Dam No. 1 on the Cape Fear River, NC. Year 2. Prepared for the
Wilmington District Corps of Engineers. http://wvtiw.sa\\.Lisace.armv.mii/wilmington-
harbor/Final Report 2003.pdf
CZR. 2004. Preconstruction monitoring of American Shad, Atlantic Sturgeon and Striped
Bass Passage at Lock and Dam No. Ion the Cape Fear River, NC. Year 3. Prepared for the
Wilmington District Corps of Engineers. http://www.saw.usace.armv.m11/wilmin«ton-
harbor/Report%202004%20no-apps.pdf
National Marine Fisheries Service, Southeast Region. 2000. Biological Opinion,
Preconstruction Modifications of Authorized Improvements (including Blasting and Dredging
in Wilmington Harbor, North Carolina.
Smith, J. and J. E. Hightower. 2009. Spawning Activity and Migratory Characteristics of
American Shad and Striped Bass in the Cape Fear River, NC, NC State University, Raleigh,
NC.
US Army Corps of Engineers, Wilmington District. 2010. Environmental Assessment, Rock
arch Rapids Fish Passage, Cape Fear River Above Wilmington, NC, Lock and Dam No. 1,
Bladen County, NC http://www.saw.Llsace.army.mil/Wilmington-
Harbor/EA Fish passage at LDl 4 Mar °/'0202010 WILLETT 15-MARpdf
U.S. Army Corps of Engineers, Wilmington District. 2000. Environmental Assessment,
Preconstruction Modifications of Authorized Improvements, Wilmington Harbor, North
Carolina, February 2000.
9
APPENDIX A
Responses to Comments Received on the Environmental Assessment
for
Rock Arch Rapids Fish Passage
Cape Fear River above Wilmington, NC
Lock and Dam No. 1, Bladen County, North Carolina
March 2010
All comments received on the EA were evaluated in detail and they are included in
appendix B. Responses to the comments are only provided below if the Corps did not
concur with the comment, the commenter requested additional information, or if
clarification to information presented in the EA was needed.
US Fish and Wildlife letter dated April 5, 2010:
Comment 1: The Service encourages the U.S. Army Corps of Engineers (COE) to move as
quickly as possible to fill the scour hole and construct the rock arch rapids at Lock and Dam
No. 1. The sooner the rock arch rapid is constructed the sooner the migratory fish can benefit.
Quick delivery is also in keeping with providing stimulus to the State's economy as a result
of needed construction work and later realized thru increased fish stocks. To achieve the
greatest benefit to long term job creation from recovered fish stocks rock rapids will
eventually need to be built on Lock and Dams 2 &3 also. The Service has calculated an
expected economic benefit of 5.2 million dollars per year from restoring the anadromous fish
populations in the Cape Fear River which would result from the construction of rock rapids
on all three lock and dams.
Response: The contract to construct the rock rapids is anticipated to be awarded in late
summer 2010 with construction beginning after filling of the scour hole is complete. The
Corps will work with the service and other agencies and groups on possible ways to create
fish passage at Locks and Dam 2 &3.
National Marine Fisheries Service letter dated April 9, 2010:
Comment 2: While there is sufficient detail on the upstream passage of fish, there is no
discussion of downstream passage. Anadromous fishes other than the sturgeons should have
no difficulty negotiating downstream over the dams as they currently do, but out-migrating
sturgeon could be impacted. Downstream passage of sturgeons should be addressed.
Response: Figure 3 of the EA indicates a cross-hatched rock fill area upstream of the dam.
This rock will be placed at a 1-foot vertical to 2-feet horizontal slope or flatter to facilitate
downstream fish passage.
10
NC Wildlife Resources Commission memorandum dated April 19,2010:
Comments 3: The NCWRC has developed concern regarding the proposed 5 percent grade
for the rock rapids. In recent meetings with USFWS fish passage engineering staff it was
discussed that while a 5 percent grade is appropriate for sturgeon, a more gradual 3 percent
grade is more appropriate for American shad and striped bass. Considering there are larger
populations ofAmerican shad and striped bass migrating in the CFR and sturgeon can use a 3
percent grade as well. the NCWRC strongly recommends that the grade of the rapids be
reconsidered to better address passage of the full range of anadromous species.
Response: The slope will gradually increase from around 3.3 percent slope at the dam to a
constant 5 percent beginning 160 feet downstream of the dam. This configuration was
recommended by Dr. Luther Aadland, Minnesota Department of Natural Resources who has
experience in building over 30 rock rapids. This is better for fish passage compared to a 5
percent slope indicated in the EA. A 3 percent slope would require a greater volume of rock
and due to cost constraints this could not be accomplished.
Comment 4: The EA states that the fall line occurs at Jordan Dam near Moncure, NC. It is
our understanding that the fall line occurs at Smiley Falls near Erwin, NC and request that
the EA be corrected. Smiley Falls is significantly downstream of Jordan Dam and is
important in understanding the historic spawning areas for anadromous fish species in the
CFR.
Response: Several sources conflict on the location of the fall line and some indicate that the
Cape Fear River does not have a fall line but a fall zone. The key issue is that the
anadromous fish in the Cape Fear River historically spawned upstream of the locks and
dams.
Comment 5: The EA does not discuss potential changes in ownership or the long term
maintenance of the rock rapids. Please clarify which agency, or agencies, will be responsible
for the long term maintenance of the rapids to sustain their effectiveness. Maintenance needs
may include any adjustments due to settling of the rocks, the removal of wood debris build
up in the rapids, and other maintenance requirements to maintain the effectiveness of the
rock rapids.
Response: The Corps of Engineers and the non-federal cost sharing partner. State of'North
Carolina. will he responsible for the long-term maintenance of the project. HoXNever, based
on the experience with the 30+ projects constructed elsewhere, minimal maintenance of the
rapids will be required due to sizing of the rock to resist movement. Any woody debris that
would lodge on the rapids during low flow conditions would be washed downstream during
freshets.
NC Division of Coastal Management letter dated April 23, 2010:
Comment 6:
• The Applicant, prior to initiating any land or water disturbing activities, shall obtain a
Section 401 Water Quality Certification from the NC Division of Water Quality for the
proposed project. The Applicant shall comply with the requirements of the Section 401 Water
Quality Certification. A copy of the certification shall be forwarded to DCM.
• The Applicant, prior to initiating any land disturbing activities, shall obtain (if required) the
approval of the NC Division of Land Resources of an erosion and sedimentation control plan.
The Applicant shall comply with the requirements of the approved erosion and sedimentation
control plan. A copy of the plan approval shall be forwarded to DCM.
• The Applicant shall adhere to a modified one-time anadromous fish moratorium period.
In water work will be prohibited from March 15th through June 1st without the prior approval
of the Division of Coastal Management, in consultation with the NCWRC and the NCDMF.
• The Applicant shall adhere to any mitigation measures described in the consistency
submission and the environmental assessment "Rock Arch Rapids Fish Passage - Cape Fear
River Above Wilmington, NC - Lock and Dam No. 1" (March 2010) to the extent that they do
not conflict with any of the conditions of concurrence stated above.
This letter of concurrence is contingent on the Federal agency agreeing with the condition
stated above. In the event that the Federal agency does not agree with the condition of
concurrence, this letter effectively becomes a letter of State "Objection". Should the Federal
agency not agree with the condition stated above, a letter of non-agreement should be sent to
DCM. The procedures of 15 CFR 930.43 would then need to be followed.
Response: The Corps of Engineers agrees to and will comply with all these conditions.
Comment 7: The NCWRC expressed a concern relative to the grade of the rock rapids. The
Corps is proposing a 5 percent grade for the rock rapids; the NCWRC has recommended a 3
percent grade as being more appropriate for American shad and striped bass that would be
migrating up-river. Since the sturgeon would be able to use the 3 percent grade as well, DCM
encourages the Corps (to the extent practical) to implement the 3 percent grade
recommendation of the NCWRC.
Response: See response to comment 3 above.
NC Division of Marine Fisheries memorandum dated April 8, 2010
Comment 8: DMF has NMFS grant funding, as a part of an endangered species
conservation research project in the southeast, to track the movements of the Atlantic and
short-nosed sturgeon upstream of Lock and Dam No. 1. The development of monitoring plans
to determine the success of this project, described on page 22, should include close
communication with DMF to coordinate efforts. All construction activities should occur
outside the moratorium dates of March 15th to June 1 st, as proposed in the Environmental
Assessment on page 9.
Response: The Corps will coordinate our monitoring plans with the Division's plans for the
mutual benefit and enhancement of both agencies' efforts. Also, all in-water construction
work will be conducted outside the March 15th to June 1 st period.
CAPE FEAR PUBLIC UTILITY AUTHORITY
Comment 9: As an associated concern to the rock placement, what is the condition of the
dam? When was it constructed? Is the dam wooden with a concrete cap structure or is it a
concrete structure? Are maintenance and repairs to the dam anticipated? When would these
necessary repairs be anticipated?
Response: The lock and dam was constructed in 1915 with the lock walls made of gravity
concrete founded on timber piles and the dam a rock fill timber crib construction. The lock
chamber floor was constructed of tremie concrete. In 1935 the lock and dam was raised 3
feet in order to maintain the navigation channel depth between Lock and Dam Nos. 1 and 2
and to reduce the annual dredging requirements. This work included raising the esplanade,
lock walls and dam, adding a fish ladder and adding 3 feet to the gates. Raising the dam
12
consisted of constructing a concrete apron that capped the rock filled timber crib dam.
Repairs are not anticipated to the dam. See response to Comment 10 below.
Comment 10: Over the years of use, has the action of the water (and debris, etc.) on the dam
caused wear?
Response: The concrete cap that was constructed in 1935 was repaired in 1961. Repairs
consisted of reconstruction of three sections of the concrete cap on the downstream edge of
the spillway. The largest of which was approximately 10' x 12' in size. It is evident from
site visits during low flows that similar size sections of the concrete cap have been damaged.
The 1961 construction also included new toe protection on the downstream side of the dam.
This toe protection consisted of a steel sheet pile wall with stone placed on the downstream
side of the sheetpile and between the downstream edge of the concrete cap. This stone has
been eroded and the steel sheetpile is in disrepair. Repairs will not be made to the concrete
cap or the downstream steel sheetpile because the stone from the rock arch rapids fish
passage will encapsulate the dam structure.
Comment 11: Will the weight of the rocks for the fish passage immediately adjacent the
dam structure put additional stress/weight on the dam? (The Public Notice, Figure 5, "Rock
Arch Rapids Generic Design Cross Section," seems to show the rocks leaning on the dam.)
If so, will this stress decrease the life of the dam?
Response: The mass of the rock arch rapids will encapsulate the existing dam structure.
Stability analysis of the existing dam with the rock arch rapids indicate that the stability of
the dam improves with addition of the rock arch rapids. The life of the dam will be improved
with the addition of the rock arch rapids.
Comment 12: Will the rock be placed in the vicinity of the lock? How close? Will the lock
continue to be used or be available for vessel traffic? If so, will the rock increase turbulence
and erratic currents in the vicinity of the lock?
Response: A 300-foot long protective steel sheet pile retaining wall is proposed to be
constructed to protect the existing lock structure. The new retaining wall will be built
parallel with and offset 16 feet from the easterly concrete lock wall. The steel sheet pile wall
will be a conventional design consisting of 40 to 60-foot long sheeting with a continuous
anchor wall consisting of 10 foot long sheeting. The rock arch rapids will be constructed to
divert flow away from the space that would be created by placing a sheet pile wall 16-feet off
of the river wall. The lock will continue to be operational for locking vessels.
Comment 13: What type and size of rock will be used and where do you anticipate it will
come from?
Response: Three sizes of rock fill will be used for construction of the rock arch rapids,
including NCDOT Class B quarried underlayer stone fill, a 4-foot thick layer of 27-inch
diameter armor stone will be placed on top of the underlayer stone. Large 3 to 5 ton quarried
granite weir stones will be positioned in arched patterns spanning the river, forming a step-
like surface suited for fish passage. Stone will be quarried granite from North Carolina
quarries.
Comment 14: How will the subsidence of the rock be mitigated? Can the subsidence be
measured with accuracy with the fish passage considerations (water level, height, current,
etc.) also considered?
13
Response: Settlement analysis of the dam and rock rapids, based on 2010 geotechnical
investigations, indicate that settlement is not expected to be of a problematic magnitude.
Comment 15: Authority staff has asked me to relay our appreciation for the opportunity to
work with you on this project. CFPUA's interest continues, and will continue, on the
maintenance and protection of the water supply reservoir created by the dam structure. Any
damage during construction or over time to the dam itself would be problematic for the
Authority. Any lowering of the water level of the reservoir would also be of concern.
Response: Agreed.
The Nature Conservancy letter dated April 7, 2010
Comment 16: Although the Environmental Assessment (EA) described most of the project
in detail, the Conservancy would appreciate further emphasis on how the Army Corps of
Engineers will determine the project's success, as well as outlining a monitoring regime that
will generate the data needed to quantify it. It is unclear from the assessment if the purpose of
the fish passage is to assist the target fish species to their most critical spawning grounds and
significantly enhance reproductive rates or solely to increase numbers of fish moving
upstream. It would seem to us that this would have to be clarified in order to define the
project's success.
Response: As indicated in section 5.4 of the EA, "An extensive monitoring plan is proposed
to determine the success of passage of anadromous fish past Lock and Dam No. 1. This
monitoring will be performed post-construction of the rock rapids. The post construction
monitoring plans will be similar to the studies conducted by North Carolina State University
and CZR Inc. (Smith 2009 and CZR 2002, 2003, & 2004), as outlined in section 4.4 of this
EA. A decision will be made determining what percent of the tagged fish for each species
need to pass through the rock rapids before it is declared a success. Development of the
success criteria will be a multi-agency effort."
The primary purpose for increasing anadromous fish passage at the dam is to increase the
number of fish that will reach their traditional spawning grounds which will in turn increase
fish populations closer to historic levels.
Comment 17: In addition, although the EA states that the baseline for current passage of
American shad and striped bass through the lock and dam is known, the Conservancy would
like to see monitoring in place for the entire community of fish species, as less common
species like American eel, blueback herring and sturgeon may actually benefit more from the
passage than American shad and striped bass. Lessons learned on this project can be used
further upstream when the resources become available to build passages on Locks No.2 and
No.3.
Response: As indicated in the response to comment 8 above, the Corps will maintain close
coordination with the NC Division of Marine Fisheries in regard to their Atlantic and short-
nosed sturgeon monitoring on the Cape Fear River. In addition to this effort, the Corps will
concentrate on monitoring American shad and striped bass movements since we have
extensive baseline information on those species. Other species are also important, but the
baseline information is not available for comparison, and funds are not available to collect
that information. However if a high percentage of the sturgeon, American shad, and striped
bass are able to pass the dam using the rock rapids, other diadromous species should also be
successful.
14
Comment 18: In general, the Conservancy believes that quantifying the project's success
should be defined at a broader, ecosystem level. In addition to a monitoring regime focused
on fish species, all ecological responses to the installation of the fish passage impacts on
upstream ecosystem functioning, such as restoring historic patterns of nutrient flow (transport
of marine derived nutrients upstream), altering patterns of in-stream primary productivity as
a result of altered nutrient flow, and changing the composition of the aquatic invertebrate
community which can alter important processes like decomposition rates should be examined
if at all possible.
Response: While the Corps agrees that the requested information would be useful, the Corps
does not have the financial resources to collect that information.
Comment 19: Of course all of these additional suggestions for monitoring would require
baseline data. Any interpretation of the success of the fish passage will be completely
dependent on the quality and extent of pre-passage baseline data, critical for assessing project
success and clearly cannot be collected after the fact. The Conservancy understands that the
time constraints of this project would probably not afford this data collection, but we hope
that the ACOE considers the collection of this data at Locks No.2 and No.3.
Response: See response to comment 17 above. We agree that collection of baseline
information is important to determine the success of a fish passage structure. Such
information has already been collected at Lock and Dam No. 1. Information on passage of
striped bass and American shad at Locks and Dam No. 2 and No.3 via locking has already
been collected (Smith 2009), and additional information on these species will also be
collected during monitoring of the rock ramp passage at Lock and Dam No. 1.
References:
CZR. 2002. Preconstruction monitoring of American Shad, Atlantic Sturgeon and Striped
Bass Passage at Lock and Dam No. 1 on the Cape Fear River, NC. Year 1. Prepared for the
Wilmington District Corps of Engineers. lhttp://ww?k.sak%-.usace.annv.mil/?v,ilmin,,rton-
harbor/FINALbrunsk?ick2002.pdf
CZR. 2003. Preconstruction monitoring of American Shad, Atlantic Sturgeon and Striped
Bass Passage at Lock and Dam No. Ion the Cape Fear River, NC. Year 2. Prepared for the
Wilmington District Corps of Engineers. http://vv"-v?.saw.usace.armti'.mil/wilmington-
harbor/Final Report 2003.pdf
CZR. 2004. Preconstruction monitoring of American Shad, Atlantic Sturgeon and Striped
Bass Passage at Lock and Dam No. Ion the Cape Fear River, NC. Year 3. Prepared for the
Wilmington District Corps of Engineers. http://???ti??.sac.usace.arm?.mil/??ihnin«ton-
harbor/Report%202004°ro20no-apps.pdf
National Marine Fisheries Service, Southeast Region. 2000. Biological Opinion,
Preconstruction Modifications of Authorized Improvements (including Blasting and Dredging
in Wilmington Harbor, North Carolina.
Smith, J. and J. E. Hightower. 2009. Spawning Activity and Migratory Characteristics of
American Shad and Striped Bass in the Cape Fear River, NC, NC State University, Raleigh,
NC.
15
APPENDIX B
Letters and Memoranda Received During the EA Comment Period
for
Rock Arch Rapids Fish Passage
Cape Fear River above Wilmington, NC
Lock and Dam No. 1, Bladen County, North Carolina
June 2010
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 5, 2010
Colonel Jefferson M. Ryscavage
District Engineer, Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dear Colonel Ryscavage:
The U.S, Fish and Wildlife Service (Service) has reviewed the Environmental Assessment Rock Arch
Rapids Fish Passage, Cape Fear River above Wilmington, North Carolina, Lock and Dam No. I, Bladen
County, North Carolina, dated March 2010. The Service concurs with your determination that the
proposed project may affect but is not likely to adversely affect the West Indian manatee, Trichechus
manatus. No further consultation is needed under Section 7 of the Endangered Species Act for species
under Service jurisdiction. The Service endorses the proposed alternative (rock arch rapids across the
downstream face of the dam) and agrees to the request to reduce the anadromous fish moratorium window
to March 15 to June 1 for the construction of this project.
The Service encourages the U.S. Army Corps of Engineers (COE) to move as quickly as possible to fill
the scour hole and construct the rock arch rapids at Lock and Dam #1. The sooner the rock arch rapid is
constructed the sooner the migratory fish can benefit. Quick delivery is also in keeping with providing
stimulus to the State's economy as a result of needed construction work and later realized thru increased
fish stocks. To achieve the greatest benefit to long term job creation from recovered fish stocks rock
rapids will eventually need to be built on Lock and Dams 2 &3 also. The Service has calculated an
expected economic benefit of 5.2 million dollars per year from restoring the anadromous fish populations
in the Cape Fear River which would result from the construction of rock rapids on all three lock and
dams.
The Service believes that if the rock arch rapids are successful at Lock and Dam #1 and that success is
recognized by the interested public, support for similar work on the other two dams will develop. Dr.
Luther Aadland is a recognized expert in rock arch rapids and his significant involvement with the
construction should insure success. The Service will partner with the COE to achieve success and to
insure the COE is credited with that success. Contact Mike Wicker at 919-8564520 ext. 22 or at
mike wicker(a)fws.gov with any questions regarding this letter. Mike is also the Service's NC Coastal
Program coordinator and is the point of contact for partnering assistance on this type of project (for
example funding graduate program to study the fishery response to the rock arch rapids or providing
travel money for our fish passage engineer from Hadley, Massachusetts to consult with you if desired).
Please do not hesitate to ask for any assistance that we may provide.
UNITED STATES DEPARTMENT OF COMMERCE
Notional Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263131h Avenue South
St. Petersburg, FL 33701-5505
727.824.5312, FAX [phone]
httpl/serowls.noaa.gov
F/SER3I :NS
Colonel Jefferson M. Ryscavage APR 13 2010
Commander, Wilmington District
U.S. Army Corps of Engineers
69 Darlington Ave
Wilmington, NC 28403
Re: Environmental Assessment of the Rock Arch Rapids at Lock & Dam No. I
Dear Colonel Ryscavage:
On March 19, 2010, you sent a copy of the U.S. Army Corps of Engineers' (COE) Environmental
Assessment (EA). Rock Arch Rapids Fish Passage, Cane Fear River Above-Wilmington. North Carolina.
Lock and Dam No. 1. Bladen County North Carolina and requested our review and comments. The
National Marine Fisheries Service (NMFS) Protected Resources Division (PRD) concurs with the COE's
determination that the construction of the Rock Arch Rapids Fish Passage is fulfilling the terms and
conditions of the 2000 Biological Opinion (BO) and that if no additional actions are being proposed then
the COE does not need to reinitiate consultation at this time.
PRD is providing the following comments in response to the COE's request. It is imperative that the fish
passage way provide safe and effective downstream as well as upstream passage for sturgeon. NMFS
PRD would like to remind the COE that the terms and conditions of the 2000 BO require: 1) NMFS
concurrence with the final design of the fish passage way. Fritz Rohde (NMFS - Habitat Conservation
Division) will be the point of contact for review and approval of the final fish passage way design. 2)
Assessment and monitoring must be conducted to ensure the fish passage design is effective in passing
sturgeon. To fulfill this requirement the COE intends to cooperate with North Carolina Department of
Environment and Natural Resources to conduct bio-telemetry monitoring of sturgeon in the Cape Fear
River, in order to track their movements upstream and downstream of the fish passage way.
We appreciate the opportunity to provide comments on the COE's EA. If you have any questions
regarding our comments, please contact Mr. Noah Silverman at [phone] or by e-mail at
[e-mail]. Thank you for your continued cooperation in the conservation of listed
species.
Sincere'
avid Bcmmhart
Assistant Regional Administrator
Protected Resources Division
cc: Frank Yelverton (COE SAW)
Pace Wilber (NMFS)
Fritz Rhode (NMFS)
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UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13`'' Avenue South
St. Petersburg, Florida 33701-5505
[phone]; FAX [phone]
http://sero.nmfs.noaa.gov/
April 9, 2010
(Sent via electronic mail)
Colonel Jefferson Ryscavage
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Frank Yelverton
Dear Col. Ryscavage:
F/SER4:FR/pw
NOAA's National Marine Fisheries Service (NMFS) reviewed the Environmental Assessment, Rock Arch
Rapids Fish Passage, Cape Fear River above Wilmington, North Carolina, Lock and Dam No. 1, Bladen
County, North Carolina (EA) dated March 2010 and the corresponding notice dated March 19, 2010
(CESAW-TS-PE-10-09-0005). The EA evaluates the construction of a rock arch rapids for fish passage
immediately downstream of the dam at Lock and Dam No. 1. As the nation's federal trustee for the
conservation and management of marine, estuarine, and anadromous fishery resources, the following
comments are provided pursuant to authorities of the Fish and Wildlife Coordination Act and the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
In August 2000, NMFS issued a Biological Opinion (BO) under section 7 of the Endangered Species Act
for the Wilmington 96 Act Project, NC. Term and Condition 8 of the BO requires fish passage
construction at Lock and Dam No. 1 on the Cape Fear River. This requirement is related to the shortnose
sturgeon, Acipenser brevirostrum, and construction of fish passage is long overdue.
Lock and Dam No. 1 is located in Bladen County about 39 miles upstream of Wilmington, NC. This
project will utilize granite fill stone 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 slope. Approximately 100,000 cubic yards of rock will
be used in the construction, and the structure will cover about three acres of river bottom. About 25,000
cubic yards of this amount have already been authorized to stabilize the scour hole.
Boulders will be placed on the surface of the constructed rapids in parallel veins. The boulders will be
placed so that they slow water velocity and provide "flow shadows" which will allow the fish to rest. The
center of the rapids will be 1 to 2 feet lower than the sides so that during low flow conditions, water is
concentrated in the middle and fish can still pass.
While there is sufficient detail on the upstream passage of fish, there is no discussion of downstream
passage. Anadromous fishes other than the sturgeons should have no difficulty negotiating downstream

over the dams as they currently do, but out-migrating sturgeon could be impacted. Downstream passage
of sturgeons should be addressed.
During the past decade NMFS staff attended numerous meetings regarding fish passage at Lock and Dam
No. 1 and worked closely with Wilmington District staff and other resource agencies on this project.
NMFS is in agreement that the proposed alternative (rock arch rapids) will provide great benefit to the
migration of anadromous fishes and other fishes passing upstream of the dam. NMFS will work closely
with the Wilmington District and other resource agencies to design a post-construction monitoring plan
and to develop success criteria. NMFS recommends that the Wilmington District coordinate closely with
the NC Division of Marine Fisheries who will be conducting telemetry studies with sturgeon in the Cape
Fear River during the period during and following construction of the fish passage.
The EFH assessment (Appendix B of the EA) is in compliance with the Magnuson-Stevens Act and
addresses the managed species, categories of EFH, and Habitat Areas of Particular Concern (HAPC) that
are present in the project area. The NC Marine Fisheries Commission designates Primary Nursery Areas
(PNA) within NC waters, and the South Atlantic Fishery Management Commission designates the NC
PNAs as HAPCs for penaeid shrimp and for species within the snapper/grouper complex. Federally
managed species are not likely to be adversely affected by the small, short-term elevations of turbidity
expected during construction. Consequently, NMFS agrees that the proposed action is not expected to
cause significant adverse impacts to EFH or federally managed fishery species.
Thank you for the opportunity to provide these comments. Related questions or comments should be
directed to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road,
Beaufort, North Carolina 28516-9722; at [phone]; or at [e-mail].
/ for
cc:
Sincerely,
Miles M. Croom
Assistant Regional Administrator
Habitat Conservation Division
COE, [e-mail]
NCWRC, [e-mail], [e-mail]
NCDENR, [e-mail], [e-mail]
FWS, Mike [e-mail], [e-mail], [e-mail]
SAMFC, [e-mail]
F/SER3, [e-mail]
F/SER47, [e-mail], [e-mail]
-2-
dd R?7Z y
North Carolina
Department of Administration
Beverly Eaves Perdue, Governor Moses Carey, Jr., Secretary
April 23, 2010
Mr. Frank Yelverton
Corps of Engineers, Wilmington District
Environmental Resources Section
P.O. Box 1890
Wilmington, NC 28402-1890
Re: SCH File # 10-E-0000-0348; EA; Construction of a fish bypass at Lock and
Dam #1 on the Cape Fear River in Bladen County
Dear Mr. Yelverton:
The above referenced environmental impact information has been submitted to the State Clearinghouse
under the provisions of the National Environmental Policy Act. According to G.S. 113A-10, when a
state agency is required to prepare an environmental document under the provisions of federal law, the
environmental document meets the provisions of the State Environmental Policy Act. Attached to this
letter for your consideration are the comments made by agencies in the course of this review.
If any further environmental review documents are prepared for this project, they should be forwarded to
this office for intergovernmental review.
Should you have any questions, please do not hesitate to call.
Sincerely,
J? `;5a C S 7(a)
'?? Ms. Chrys Baggett
State Environmental Review Clearinghouse
Attachments
cc: Region N
Mailing Address: Telephone: [phone] Location Address:
1301 Mail Service Center Fax [phone] West Jones Street
Raleigh, NC 27699-1301 State Courier 051-01-00 Ralcigh, North Carolina
e-mail state, [e-mail]
Air Equal Opportunt Af rmoove Action Bmplgver
'AA
NCDETIR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
MEMORANDUM
APR 2010
Dee Freeman
Secretary
TO: Valerie McMillan O
State Clearinghouse 6 8 g
FROM: Melba McGee r
Environmental Review Coordinator
RE: 10-0348 Rock Rapids Fish Passage Environmental Assessment at
Lock and Dam No. 1 along the Cape Fear River in Bladen County
DATE: April 21, 2010
The department has reviewed the proposed project. The applicant is
asked to consider the attached comments prior to finalizing project plans.
If additional information is needed, please notify the commenting agency.
Thank you for the opportunity to respond.
Attachments
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] \ FAX: [phone] Internet: www.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycied 110% Post Consumer Paper
NorthCarohna
NatuAdy
North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
To: Frank Yelverton
US Army Corps of Engineers
and
Melba McGee
NC Office of Legislative and Internal Affairs
From: Molly Ellwood * )
NC Wildlife Resources Commission
Date: April 19, 2010
A pi?
201p
Re: Rock Rapids Fish Passage Environmental Assessment at Lock and Dam No.I along the Cape
Fear River, Bladen County: CESAW-TS-PE-10-09-0005 and OLU1# 10-0348
Biologists from the N. C. Wildlife Resources Commission (NCWRC) have reviewed the proposed project
description. Our comments are provided in accordance with certain provisions of the North Carolina
Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC 25), and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The US Army Corps of Engineers (Corps) has agreed to construct rock rapids at lock and dam no. l along
the Cape Fear River (CFR) in Bladen County in accordance with term and condition 8 of the National
Marine Fisheries Service's Biological Opinion for the Wilmington 96 Act projects (2000). As described
in the Environmental Assessment (EA), "construction of the rock arch rapids would provide greater
access to historic spawning grounds utilized by the federally listed shortnose sturgeon and other
anadromous fish without compromising congressionally authorized purposes or affecting water users (pg.
4)." The rock rapids would be constructed with granite rocks at a 5% slope and has been designed after
rock rapids developed by Luther Aadland of the Minnesota Department of Natural Resources. The
selected design has been shown to be effective in areas of the Midwest and utilized by multiple fish
species. Lock and dam no.1 is located 39 miles upstream of Wilmington where the waters are classified as
Sw. Construction of the rock rapids would result in the fill of approximately 3 acres of river bottom
habitat.
The NCWRC supports efforts to increase anadromous fish passage along the CFR. As described in the
alternatives analysis of the EA, the rock rapids would be the most plausible means of increasing fish
migration while maintaining the federal requirement for the continued navigation within the CFR. While
we support the project we do have the following concerns pertaining to the EA:
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Rock Rapids at Lock and Dam No. I Paac 2 April 19, 2010
The NCWRC has developed concern regarding the proposed 5% grade for the rock rapids. In
recent meetings with USFWS fish passage engineering staff it was discussed that while a 5%
grade is appropriate for sturgeon, a more gradual 3% grade is more appropriate for American
shad and striped bass. Considering there are larger populations of American shad and striped
bass migrating in the CFR and sturgeon can use a 3% grade as well, the NCWRC strongly
recommends that the grade of the rapids be reconsidered to better address passage of the full
range of anadromous species.
• The EA states that the fall line occurs at Jordan Dam near Moncure, NC. It is our
understanding that the fall line occurs at Smiley Falls near Erwin, NC and request that the EA
be corrected. Smiley Falls is significantly down stream of Jordan Dam and is important in
understanding the historic spawning areas for anadromous fish species in the CFR.
The NCWRC would prefer to that the construction of the rapids be completed outside of the
anadromous fish moratorium (I Feb- 15 Jun). It is understood that the construction would
need to encroach into the early part of the moratorium and extend until no later than 15
March. The NCWRC requests that the project be completed in the timeliest manner possible
and that any further possible extension requests be coordinated appropriately with NCWRC
biologists.
• The EA does not discuss potential changes in ownership or the long term maintenance of the
rock rapids. Please clarify which agency, or agencies, will be responsible for the long term
maintenance of the rapids to sustain their effectiveness. Maintenance needs may include any
adjustments due to settling of the rocks, the removal of wood debris build up in the rapids,
and other maintenance requirements to maintain the effectiveness of the rock rapids.
The NCWRC supports the project provided NMFS and USFWS fish passage engineers support the final
design of the proposed rock rapids. Thank you for the opportunity to review and comment on this project.
Please feel free to contact me at [phone] if you have any additional questions or concerns.
cc: Bennett Wynne, NCWRC
Keith Ashley, NCWRC
Vann Stancil, NCWRC
Jessi O'Neal, NCDMF
Ian McMillan, NCDWQ
Chad Coburn, NCDWQ
Stephen Rynas, NCDCM
Fritz Rohde, NMFS
Mike Wicker, USFWS
4*
= ?,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Beverly Eaves Perdue Thomas A. Reeder
Governor Director
MEMORANDUM
April 19, 2010
FROM: Jim Mead, SEPA Review Coordinator - DWR 6 ??
TO: Melba McGee, Environmental Projects Officer - DENR
SUBJECT: Cape Fear River Lock & Dam #l, Bladen County
Construction of Fish Bypass
Environmental Assessment
DENR Project No. 10-0348
Dee Freeman
Secretary
ate, ??
°?o
r
We have reviewed the Environmental Assessment (EA) for the U.S. Army Corps of Engineers'
(USACE) proposal to install fish passage at Cape Fear River Lock & Dam #1. The Division of
Water Resources (DWR) supports the project as proposed. We look forward to the natural
resource benefits that re-establishing access for anadromous species upstream of Lock & Dam #1
will create.
cc: Darren England and Tom Fransen, DWR
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One
Phone [phone] FAX: [phone] Internet: www.nmatecorg NorthCarolina
An Eaual opponunity 1 Affirmauve Action Employer - 50% Recycled ti 10% Post Consumer Paper Naturally
Beverly Eaves Perdue
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
April 19, 2010
MEMORANDUM
TO: Melba McGee
Department of Environment and Natural Resources
THRU: Alan Clark, Section Chief
A-6-
Planning Section
FROM: Hannah Stallings, SEPA Coordinator du
Basinwide Planning Unit and SEPA Program
SUBJECT: Bladen County
Construction of a Fish Bypass at Lock and Dam #1 on the Cape Fear River
DWQ#14281; DENR#10-0348
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has reviewed the subject document and does not believe that the proposed project
will result in negative water quality or fisheries impacts. This project should benefit anadromous species and the
Federally4isted endangered shortnose sturgeon.
Please contact me at 807-6434 if I can be of any additional help.
Thank you.
Ecc: Belinda Henson - FRO
1617 Mail Service Center, Raleigh. North Carolina 27699-1617
Location: 512 N. Salisbury 5t. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] Customer Service. 1.677-623-6748 North Carolina
Internet www.ncwaterqualty.org
An Equal OppMunity?. A`i-T,Xave Acton Employer AlaturalltY
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APR 2010
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State of North Carolina _
Department of Environment and Natural Resources Reviewing off-cc:
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INTERGOVERNMENTAL REVILW - PROJECT COMMENTS Project Number" /y ' Due Date.
After review of this project it has been determined that the ENR permit(s) and/or approvals indica Led may need to be obtained in order @u di it project to comply with North
Carolina 1.9 w. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form. A11 applications, information and guidelines
relati ve to these plans and permits arc available from the same Regional Office.
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I E.Pmrrs SPECIAL APPt.ICATION PROCEDURES or REQUIREMENTS (slalutory lime limit)

171 Pctihti ies, to sewer r syay te operate
nsions & sewwastewatern treatment systems
facili

Application 90 days before begin construction or award of construction

30 days
not discharging into state surfux waters. contracts On-site inspection. Post-application technical conference usual. (90 days)
NPDES • permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection. flit-application

0
permit'to operate and construct wastewater facilities conference usual- Additiooslly, obtain permit to construct wastewater 90 120 days

discharging into state suffice waters. treatment facility-granted after NPDES. Reply time, 30 days after receipt of (NIA)
plans or issue of NPDBS permit-whichever is later.
? Water Use Permit Prc:application technical conference usually neeesswy 30 days
(NIA)
(_
J Well Construction Permit Complete application muat be received and permit issued prior to the 7 days
" installation of it well. (15 days)
Application copy must be, served on each edjaeent riperian property owner.

?
Dredge and Fill Permit On-site inspection. Pm-application conforenec usual. Filling nifty require
' SS days
Easement to Fill from N.C. Dcptutment ot
Adminiatration and Federal (90 days)
Dredge and Fitt Permit
- Permit to construct & operate Air Pollution Abatement Application must be submitted and permit received prior to
t rarstruction and operation of the source. If a permit is required in an
facilities andlor Emission Sources as per 1 S A NCAC
(2Q.O100 thru 2Q.0300) area without local zoning, then there are additional requirements and 90 days
timelinea (2Q.0113).

D Permit to construct & operate Traosp6rtetion Facility as
per 15 A NCAC (2D.0800, 2Q.0601) Application must be submitted at least 90 days prim to construct'
modification of the source.
90 days
U Any open burning associated with subject proposal
must be in cornplisace with 15 A NCAC 2D.1900
_

? A
.
Demolition or renovations of simctutes containing ?
PR?
Qr
N
asbestos material mnsl be in compliance with 15 A r
(] NCAC 20.1110 (a) (1) which requires clarification and N/A N days
removal prior to demolition Contact Asbestos Control
G
5950
919
707 t 0 days)
roup
-
-
.
Complex Source Permit required under 15 A NCAC
Z
2D.0800
The sedimentation Pollution Control Act of 1973 moat be properly addressed for any laud disturbing activity. An erosion &

I sedimentation control plan will be required it one or more acres to be disturbed. Plan filed with proper Regionat Offiae.(lAnd Quality 20 days
Seclion) At least 30 days before beginning activity. A fee of $65 for the first acre or any part of an acre. An express review option is (30 days)
available with additional rocs.
? Sedimentation and erosion control must be addressed in socordsrxe with NCDOT's approved progrim. Particular sttattion slwuld be given to (30 days)
design and installation of appropriate perimeter sediment trapping devices As well as stable stormwater conveyances a Fill outlets.
On-site inspection usual. Surety bond filed with ENR Bond amount varies
Q Mining Permit with type mine and number of acres of affected land. Any arc mined greater 30 days
than one we must be permitted. The appropriate hood must be received (60 days)
before the permit can be issued.

[] North Carolina Burning permit On-site inspection byN.C. Division Torest Resources if permit exceeds 4 days 1 day
(N/A)

J Special Ground Clearance Burning Permit - 22

C with otgxuic sdils
counties in coastal N On-site inspection by KC Division Forest Resources required "if more than
five acres of ground clearing activities are involved, fnspections should be I der
Y
NI
. requested at kast ten days before actual bum is planned-" (
A)
I d Refining Facilities NIA 90 120 days
(N/A)
If permit required, application 60 days before begin consh [let ion. Applicant
most hire N.C. qualified engineer to: prepare plans, inspect construction
ratify construction is according to ENR apptnved plans. May also require
I.] Uom Safuy Pcuuit permit under mosquito control p,ogram. And c 404 ptrrna from Corps of 30 days
Engineers. An inspection of site is necessary to voiify hazard Classification. A (60 days)
minimum fee of 3200.00 must mcompnny oche Application. An additional
processing fee based on a perermtage or the tutO projccl cost will be requited
morn nmmnlerinn.
-- -- -- Normal Process Time

PERMITS __ T _
SPECIAL APPLICATION PROCEDURES or REQUIR13MWIS (statutory time limil)

U
Pcrmi(to drill exploratory oil or gas well Filc surely bond of 3S,000 with HNR ninning to State of NC condilions) thal
any wall opened by drill operator shall, upon abandonment, bcpluggr;d 10 days
according to ENR rules and regulations. N/A
t7 Geophysical Exploration Permit Application bled with ENR at (cast 10 days prior to issue ofpermit. 10 days
Application by letter No standard application form, WA

?
Statc Lakes Constnrction Permit Application feu based on sltucture site is charged. Mum include descriptions
& drawings of structure & proof of pwnership of riparian
I5-20 days
_ - o?rerty. N/A
401 Water Quality CcrtiBealioa NIA 60 Jays
- _ _. _ (130 days)
[) CAMA Permit for MAJOR development 5250.00 fee must accompany application 55 days
(ISO days)

? CAMA Pumir for MINOR development SS0.00 fu must accompany application 22 days
(25 days)
_
Several geodetic monuments are located in or near the projeef area. If any momtment needs to be moved or destroyed, please notify:
? N.C. Geode is Survey, Box 27687 Raleigh, NC 27611
n Abandonment of any wells, d required must be in accordance with Title B.A. Subchapter 20.0100. T
? Notification of the proper regional office is regtrested if "orphan" underground storage tanks (LISTS) are discovued during any excavation operation.
(] t onirlianu with 15A NCAC 2)i 1000 (Coastal Stonnwuu Ruler) is required 45 days
(NIA)
[;) Tar Pamlico or Neuse Riparian nuffer Rules required,
t Other comments (attach additional pages as necessary, being certain to cite comment authority)

AP t
ro

`
r s ti
?L95fi4.
REGIONAL OFFICES
Questions regarding these permits should be addressed to the Regional 0 face marked below.
11 Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778
[phone]
0 Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
[phone]
0 Wilmington Regional Office
127 Cardinal Drive Extension
Wihmington, NC 28405
[phone]
0 Fayetteville Regional Office 0 Raleigh Regional Office 0 Winston-Salem Regional Office
225 North Green Street, Suite 714 3800 Barrett Drive, Suite 101 585 Waughtown Street
Fayetteville, NC 2830 t -5043 Raleigh, NC 27609 Winton-Salem, NC 27107
[phone] [phone] [phone]
0 Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
[phone]
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
COUNTY: RLADEN HOB: C'[)i1 I_'.F.'dA""TCiv OF NCiN-'-'0%iS'17•.L STATE NUMBER: il:-'r'.-(+^p+'-
F ISII DATE RECEIVED:
AGENCY RESPONSE
REVIEW CLOSED:
MS SHTRi,FY =0V71
L,EI'T 01 -RANSF%')P ATT(,,
RALF.TGa NC
REVIEW DISTRIBUTION
CC& PS - I)LV OF EMEk-,I W-- f
D .NR T.F'GISLA'-k?F AFFAIRS,
DEPT OF CJL-1 1JR l RI:;SO IIR,.- ?
DEE'T OF TI<AN rORT:rTT()IC
i,UMBER RIVER COG
PROJECT INFORMATION
APPLICANT: Corps of Fn_rinc:-'rs, ir1 I I,;nclron District
TYPE: National Fnvi.r0rllr+^ncal Fol icy Tact
Environmental
>EyC': r'onstructiun of a t':se. bvpaes at Luck and Dam "I ore ('ape fear Ri%- r ir, Ii1ad?
Tr ,
Cc>unr y
CROSS-REFERENCF N[IMBFR: )-111,113
The attached project. has b;:(?r; ?,:brr:ci_od to the N. C. State Ciearir:ghousc for
inter governmental "evi NW. E)if+ac? rC V : e -w arid SilElItll !" your rt'Spi)n ,p I)y the i}`i)VL
dnd c:•,ted date rc; 301 Mail S rvic... Center, Raleigh NC 76cac^-T3Ci.
If -lddit.i',,ial --ime 7. r)(:;^dCd, p]°c3.`•_. CGi1tF7?'t- ?.}'!^ Ui'fl;".._ ..,_ (911'1;?C+7-24__..
AS A R=,SULT OI•' l4ljjfS RFVTEVi TE:E '`)Li,OVTING '.S SUBMiTTFf): 5? NO COMMENT F-] CONV.EN. ,:
/18?av
STGNi U BY: : r_L, r/ ff . / /- J_ +?A7'I.; r
eg?- ?" i? ?,
od.
V4R
C O10
M STNI n?
y. r
STA'L'E OF NORTH CAROLINA
DEPARTMENT OF TRANSPO
BEVERLY EAVES PERDUE g",,
GOVERNOR rw
V
? APR 2010
M
April 1, 20
ON
EUGENE A. Corm, 3R.
SECRETARY
State Number: 03-E-0000-0013
Project Title: Construction of a fish bypass at Lock and Dam #1 on the Cape Fear River in Bladen County
After a review of the Construction of a fish bypass at Lock and Dam #1 on the Cape Fear River in Bladen
County document, I have no comments to offer.
Thank You,
Dominique L. Boyd
Transportation Planning Branch
Southeast Unit
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION . . T P B TRANSPORTATION BUR DING
TRANSPORTATION PLANNING BRANCH . n .? g.. u a? t . o r n n ra ?. r .. c, P rx o ?, c .. 1 SOUTH WILMINGTON STREET
1554 MAIL SERVICE CENTER RALEIGH, NC 27601
RALEIGH NC 27699-1554 http.//ncdot.org/dotvprecwstruc&fpb/ Phone. [phone]
Fax' 919.733-2417
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
COUNTY: B7,ADF ]
H08: CONSERVF+'I'ION OF IJOe]-CCiT:5!'AL:
F 15:1 & 6?T1,DL FL FIT:RT]V.'i'`?
STATE NUMBER:
DATE RECEIVED:
AGENCY RESPONSE
REVIEW CLOSED:

'!S RENEE „LEIiHI:i,-EAF',LE'.? ? .
Ci,F,APINGEi011SE COOKUItdF
RIIAR 2 5 201°s
DEPT OF CULTURAL. RE,SO['RCF;S
STATE HISTORIC 'fiESRRVATTCiN 0}'ICF: ?I RE .Tir.;,
DER
MSC r Ei? -7 - ARC f,,jv7S r r1:.,1;; lit,
RALEIGH NC
REVIEW DISTRIBUTION
CC&' S - DI V OF Eti1 'Rt FN';' M;':N'. YEMEN'I'
DFNR LF;GISLATl'VF AFFAIR:
DEPT 01' CULTURAL RFC?Oi'R.:LS
DEFT OF TRANSPOR'1'ATTON
LUMBER RTVFR COG
PROJECT INFORMATION
APPLICAN'i: ('C%rps of irn:AanF.w?ilr;l: )n District
.1 1)(7t TYPE: National Envir3nrnc:r;tal Pulic:y Act
Environmental T+ssessmcn,.
to -()Ssg
1
A-? cA
I'
rdr''' ?pi a
i
.4,.-- 313(110
DESC: Construct ior: of ;a fish bypass at Lock and Dam 01 cr! the Capt. fear Ri.vNr i n
County
CROSS-REFERENCE NUMRFR: C-1-E-0000-00i3
The attachc-d pro le-i:t , -,= h ten subr - `. E'd tC t'1,c, N. t,. c1tG
intergovernmental review. Ple-is- review and submit your response by the abovN
indicated date to 1301 Mail Serv_.:? Center, Raleigi. NC 27699-1301.
if additional review tLme is needed, please contact this nfi.ice at
(91?i?0?-24?:
AS A RESULT O'r' E1IS T?F,`dT%;W i'Elc F'?L.T:pw NG IS SUbMITTFi): F] NO COMM71JT
S T G,1 I D B DATE` :
APR 20M
tcft" 004
04*
aSh?6. ???
V
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
April 5, 2010 q APB !?
MEMORANDUM
TO: Stephen Rynas, Federal Consistency Coordinator
Division of Coastal Management
NC Department of Environment and Natural Resources
Office of Archives and History
Division of Historical Resources
David Brook, Director
FROM: Peter Sandbeck Qi ? CQ_ ? ?
SUBJECT: Rock Arch Rapids Fish Passage, Cape Fear River Above Wilmington, Lock and Dam No. 1,
CESAW-TS-PE-10-09-0005, Bladen County, ER 10-0559
We have reviewed the proposal to construct a fish passage at Lock and Dam No. 1 on the Cape Fear River in
Bladen County. As noted in your Environmental Assessment, Lock and Dam No. 1 is eligible for the National
Register of Historic Places. Provided that no disturbances occur to the Lock and Dam during construction
activities, we find that the project will have no adverse effect on this historic resource.
There are no known archaeological sites within the proposed project area. Based on our knowledge of the area,
it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of
Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation
be conducted in connection with this project.
Should your plans change, please notify us immediately so that we may provide further review and comment.
Thank you for your cooperation and consideration. If you have questions concerning this comment, please
contact Renee Gledhill-Earley, environmental reviewer coordinator, at 919/807-6579. In all future
communication concerning this project, please cite the above tracking number.
cc: State Clearinghouse
Colonel Jefferson Ryscavage, Wilmington District, Corps of Engineers
pk to
C% IFS- ?
rp "
Location 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599
?M
G
NCDEENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
April 23, 2010
Jefferson M. Ryscavage, Colonel
District Commander
Wilmington District Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
Dee Freeman
Secretary
SUBJECT: CD10-027 -Proposed Construction of a Fish Passage at Lock and Dam No.l on
the Cape Fear River, Bladen County, North Carolina (DCM#20100042)
Dear Col. Ryscavage:
We received your consistency determination on March 22, 2010 for proposed construction of a
fish passage at Lock and Dam No.I on the Cape Fear River, Bladen County, North Carolina.
According to the submission, the US Army Corps of Engineers (Corps) proposes to construct
the fish passage as described in the consistency submission and further detailed in the
environmental assessment (EA) "Rock Arch Rapids Fish Passage - Cape Fear River Above
Wilmington, NC -Lock and Dam No. I" (March 2010). In summary, the Corps is proposing to
construct the fish passage structure at Lock and Dam No.l with the intent of improving fish
passage to spawning grounds above Lock and Dam No. 1 on the Cape Fear River.
North Carolina's coastal zone management program consists of, but is not limited to, the
Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of the
North Carolina Administrative Code, and the land use plan of the County and/or local
municipality in which the proposed project is located. It is the objective of the Division of
Coastal Management (DCM) to manage the State's coastal resources to ensure that proposed
Federal activities would be compatible with safeguarding and perpetuating the biological,
social, economic, and aesthetic values of the State's coastal waters.
To solicit public comments, DCM circulated a description of the proposed project to State
agencies that would have a regulatory interest. No comments asserting that the proposed
activity would be inconsistent with the State's coastal management program were received.
400 Commerce Ave., Morehead City, NC 28557-3421 te Caro lPhone, 252-808-28081 FAX: [phone] Intemet: www.ncoDastalmanaaement.net An Equal Opportunity 1 Attlrmat ve Action Empbyer ura!!r?
Nevertheless, comments were received from the North Carolina Wildlife Resources
Commission (NCWRC) and the North Carolina Division of Marine Fisheries (NCDMF)
concerning compliance with the anadromous fish moratorium period of February 1" through
June 15th of any year and project modifications to improve positive environmental effects. A
copy of the responses received has been attached for reference.
DCM has reviewed the submitted information pursuant to the management objectives and
enforceable policies of Subchapters 7H and 7M of Chapter 7 of Title 15A of the North Carolina
Administrative Code and concurs, as conditioned below, that the proposed Federal activity is
consistent, to the maximum extent practicable, with the relevant enforceable policies of North
Carolina's coastal management program.
In order to be found consistent with North Carolina's coastal management, the Corps
(Applicant) shall comply with the following condition of concurrence.
• The Applicant, prior to initiating any land or water disturbing activities, shall obtain a
Section 401 Water Quality Certification from the NC Division of Water Quality for the
proposed project. The Applicant shall comply with the requirements of the Section 401
Water Quality Certification. A copy of the certification shall be forwarded to DCM.
• The Applicant, prior to initiating any land disturbing activities, shall obtain (if required)
the approval of the NC Division of Land Resources of an erosion and sedimentation
control plan. The Applicant shall comply with the requirements of the approved erosion
and sedimentation control plan. A copy of the plan approval shall be forwarded to
DCM.
• The Applicant shall adhere to a modified one-tune anadromous fish moratorium period.
In water work will be prohibited from March 15a' through June I" without the prior
approval of the Division of Coastal Management, in consultation with the NCWRC and
the NCDMF.
• The Applicant shall adhere to any mitigation measures described in the consistency
submission and the environmental assessment "Rock Arch Rapids Fish Passage - Cape
Fear River Above Wilmington, NC - Lock and Dam No. I" (March 2010) to the extent
that they do not conflict with any of the conditions of concurrence stated above.
This letter of concurrence is contingent on the Federal agency agreeing with the condition
stated above. In the event that the Federal agency does not agree with the condition of
concurrence, this letter effectively becomes a letter of State "Objection". Should the Federal
agency not agree with the condition stated above, a letter of non-agreement should be sent to
DCM. The procedures of 15 CFR 930.43 would then need to be followed.
The NCWRC expressed a concern relative to the grade of the rock rapids. The Corps is
proposing a 5% grade for the rock rapids; the NCWRC has recommended a 3% grade as being
more appropriate for American shad and striped bass that would be migrating up-river. Since
the sturgeon would be able to use the 3% grade as well, DCM encourages the Corps (to the
extent practical) to implement the 3% grade recommendation of the NCWRC.
Page: 2
Should the proposed action be modified, a revised consistency determination could be
necessary. This might take the form of either a supplemental consistency determination
pursuant to 15 CFR 930.46, or a new consistency determination pursuant to 15 CFR 930.36.
Likewise, if further project assessments reveal environmental effects not previously considered
by the proposed development, a supplemental consistency certification may be required. If you
have any questions, please contact Stephen Rynas at 252-808-2808. Thank you for your
consideration of the North Carolina Coastal Management Program.
Sincerely,

Doug Huggett
Manager, Major Permits and Consistency Unit
Cc: Steve Everhart, Division of Coastal Management
Anne Deaton, NC Division of Marine Fisheries
Molly Ellwood, NC Wildlife Resources Commission
Jeff Richter, US Army Corps of Engineers
Frank Yelverton, US Army Corps of Engineers
Page: 3
K0111
Beverly Eaves Perdue
Governor
TO:
FROM:
SUBJECT:
LOCATION:
U,

March 23, 2010
12 & U
?'? RECEIVED
Anne Deaton
LHDMF
NCDENR -Division of Marine Fisheries T T .
'APR 13 Z01 ATPROTE(
PO Box 769
Morehead City, NC 28557-0769 MorehOod City DCtvt
Stephen Rynas, AICP; Federal Consistency Coordinator
Proposed Construction of a Fish Passage (DCM#20100042)
Lock and Dam No. 1, Cape Fear River, Bladen County, North Carolina
This document is being circulated for consistency review and comment by April 16, 2010. The US Army
Corps of Engineers is proposing to construct a fish passage at Lock and Dam No. 1 on the Cape Fear River.
Though Bladen County is not a coastal county, the proposed project has a potential to affect coastal resources
and coastal uses; therefore the proposed project requires consistency review. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management Program. If
the proposed project does not conform to your requirements, please identify the measures that would be
necessary to bring the proposed project into conformance. If you have any additional questions regarding the
proposed project you may contact me at 252-808-2808 or email me at [e-mail].
REPLY: No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: Date: 4/1 /10
(?vvv?.L ) 0 1 U
CORRECTIONS: Please identify any corrections, additions, or deletions that should be made in terms
of contact information.
RETURN COMPLETED FORM TO:
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
400 Commerce Ave., Morehead City, NC 28557.3421 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanaaement.net Nol ffiCarohna
An Equal opportunity 1 Affirmative Action Employer Natyriall
Al ACHDE?lR
North Carolina Department of Environment and Natural Resou
Division of Coastal Management
James H. Gregson
Director
r- '
Uri
MAR 2 4 , t1; t? iI J;
WF - HABITAT PROTECTION
Dee Freeman
Secretary
MEMORANDUM
Z4,L1)1'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Beverly Eaves Perdue
Governor
Dr. Louis B. Daniel III
Director
Dee Freeman
Secretary
MEMORANDUM:
TO: Stephen Rynas, DCM Federal Consistency Coordinator
THROUGH: Anne Deaton, DMF Habitat Section Chief
FROM: Jessi O'Neal, DMF Marine Biologist r
SUBJECT: Proposed Construction of a Fish Passage, Lock and Dam No. 1, Cape Fear River, Bladen
County, NC
DATE: April 8, 2010
The North Carolina Division of Marine Fisheries (DMF) submits the following comments pursuant to
General Statute 113-131. DMF has reviewed the US Army Corps of Engineers (USACE) EA and PCN for
the construction of a Rock Rapids Fish Passage at Lock and Dam No. 1 on the Cape Fear River in Bladen
County, NC. This project should improve fish passage up and downstream of Lock and Dam No.1, which
is especially important for anadromous fish passage to historic spawning grounds. Species that may
benefit from the fish passage include Atlantic and short-nosed sturgeon, striped bass, American shad,
river herring and American eels.
DMF has NMFS grant funding, as a part of an endangered species conservation research project in the
southeast, to track the movements of the Atlantic and short-nosed sturgeon upstream of Lock and Dam
No. 1. The development of monitoring plans to determine the success of this project, described on page
22, should include close communication with DMF to coordinate efforts. All construction activities
should occur outside the moratorium dates of March 15th to June 1st, as proposed in the Environmental
Assessment on page 9.
Although DMF normally does not allow bottom impacts in Primary Nursery Areas (PNA), we consider
these activities to be a habitat enhancement to PNA and therefore support this project. Strong currents
and scouring that occurs in the proposed rock passage location does not allow this portion of PNA to
function as nursery habitat. Additionally, by enhancing fish passage to upstream portions of the river,
large areas of PNA will be much more accessible to these migrating fish species.
5285 Hwy 70 West, Morehead City, North Carolina 28557 One
NorthCai olina
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net ?aturallt?
An Equal Opportunity t Affirmative Action Employer
fi=?JrjA, ?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Beverly Eaves Perdue
Governor
Dr. Louis B. Daniel III
Director
Dee Freeman
Secretary
MEMORANDUM:
TO: Ian McMillan, DWQ 401 Coordinator
Frank Yelverton, ACE Biologist
Melba McGee, DENR Environmental Coordinator
THROUGH: Anne Deaton, DMF Habitat Section Chief
FROM: Jessi O'Neal, DMF Marine Biologist
SUBJECT: PCN-Proposed Construction of a Fish Passage, Lock and Dam No. 1, Cape Fear River,
Bladen County, NC
DATE: April 13, 2010
The North Carolina Division of Marine Fisheries (DMF) submits the following comments pursuant to
General Statute 113-131. DMF has reviewed the US Army Corps of Engineers (USACE) EA and PCN for
the construction of a Rock Rapids Fish Passage at Lock and Dam No. 1 on the Cape Fear River in Bladen
County, NC. This project should improve fish passage up and downstream of Lock and Dam No.1, which
is especially important for anadromous fish passage to historic spawning grounds. Species that may
benefit from the fish passage include Atlantic and short-nosed sturgeon, striped bass, American shad,
river herring and American eels.
DMF has NMFS grant funding, as a part of an endangered species conservation research project in the
southeast, to track the movements of the Atlantic and short-nosed sturgeon upstream of Lock and Dam
No. 1. The development of monitoring plans to determine the success of this project, described on page
22, should include close communication with DMF to coordinate efforts. All construction activities
should occur outside the moratorium dates of March 15th to June 15t, as proposed in the Environmental
Assessment on page 9.
Although DMF normally does not allow bottom impacts in Primary Nursery Areas (PNA), we consider
these activities to be a habitat enhancement to PNA and therefore support this project. Strong currents
and scouring that occurs in the proposed rock passage location does not allow this portion of PNA to
function as nursery habitat. Additionally, by enhancing fish passage to upstream portions of the river,
large areas of PNA will be much more accessible to these migrating fish species.
5285 Hwy 70 West, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]\ Internet: www.ncdmf.net
An Equal Opportunity `Affirmative Action Employer
NorthCarolina
)Vaturall.ff
.w?`A
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
MEMORANDUM
March 23, 2010
TO: Renee Gledhill-Early
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
MAR 2 5 2010
PRESERVATION OFFICE
Dee Freeman
Secretary
9 Zulu,
AP

FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Construction of a Fish Passage (DCM#20100042)
LOCATION: Lock and Dam No. 1, Cape Fear River, Bladen County, North Carolina
3 41* ?.5
-4Aj 31-:5t (t0
This document is being circulated for consistency review and comment by April 16, 2010. The US Army
Corps of Engineers is proposing to construct a fish passage at Lock and Dam No. 1 on the Cape Fear River.
Though Bladen County is not a coastal county, the proposed project has a potential to affect coastal resources
and coastal uses; therefore the proposed project requires consistency review. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management Program. If
the proposed project does not conform to your requirements, please identify the measures that would be
necessary to bring the proposed project into conformance. If you have any additional questions regarding the
proposed project you may contact me at 252-808-2808 or email me at [e-mail].
REPLY: No Comment.
This office supports the project as proposed.
_ Comments to this project are attached.
This office objects to the project as proposed.
Signed: Date: 4.6-10
CORRECTIONS: Please identify any corrections, additions, or deletions that should be made in terms
of contact information.
RETURN COMPLETED FORM TO:
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
400 Commerce Ave., Morehead City, NC 28557-3421 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanaaement.net NorthCarohna
An Equal OpportunitylAf innatfve Action ErnooM MAR 2 6 29VV7tura11Y
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Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
April 5, 2010
MEMORANDUM
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Office of Archives and History
Division of Historical Resources
David Brook, Director
TO: Stephen Rynas, Federal Consistency Coordinator
Division of Coastal Management
NC Department of Environment and Natural Resources
FROM: Peter Sandbeck Qgt7? z ?J 50'(R
SUBJECT: Rock Arch Rapids Fish Passage, Cape Fear River Above Wilmington, Lock and Dam No. 1,
CESAW-TS-PE-10-09-0005, Bladen County, ER 10-0559
We have reviewed the proposal to construct a fish passage at Lock and Dam No. 1 on the Cape Fear River in
Bladen County. As noted in your Environmental Assessment, Lock and Dam No. 1 is eligible for the National
Register of Historic Places. Provided that no disturbances occur to the Lock and Dam during construction
activities, we find that the project will have no adverse effect on this historic resource.
There are no known archaeological sites within the proposed project area. Based on our knowledge of the area,
it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of
Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation
be conducted in connection with this project.
Should your plans change, please notify us immediately so that we may provide further review and comment.
Thank you for your cooperation and consideration. If you have questions concerning this comment, please
contact Renee Gledhill-Earley, environmental reviewer coordinator, at 919/807-6579. In all future
communication concerning this project, please cite the above tracking number.
cc: State Clearinghouse
Colonel Jefferson Ryscavage, Wilmington District, Corps of Engineers
Locadow 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
MEMORANDUM
March 23, 2010
TO: John Fear
Coastal Reserve Program - Beaufort
101 Pivers Island Road
Beaufort, NC 28516-9701
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Construction of a Fish Passage (DCM#20100042)
LOCATION: Lock and Dam No. 1, Cape Fear River, Bladen County, North Carolina
Dee Freeman
Secretary
This document is being circulated for consistency review and comment by April 16, 2010. The US Army
Corps of Engineers is proposing to construct a fish passage at Lock and Dam No. 1 on the Cape Fear River.
Though Bladen County is not a coastal county, the proposed project has a potential to affect coastal resources
and coastal uses; therefore the proposed project requires consistency review. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management Program. If
the proposed project does not conform to your requirements, please identify the measures that would be
necessary to bring the proposed project into conformance. If you have any additional questions regarding the
proposed project you may contact me at 252-808-2808 or email me at [e-mail].
REPLY: No Comment.
' This office supports the project as proposed.
Comments to this project are attached.
This office o jects to the project as proposed.
-.7i L
Signed: Date:
CORRECTIONS: Please identify any corrections, additions, or deletions that should be made in terms
of contact information.
RETURN COMPLETED FORM TO:
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
400 Commerce Ave., Morehead City, NC 28557-3421 One
Phone: [phone] \ FAX: [phone] Internet: wwwmccoastalmanapement.not NofthCarolina
An Equal opportunity \ Affimiative Action Employer Nataiall#
CCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
MEMORANDUM
March 23, 2010
TO: Patti Fowler
Shellfish Sanitation and Recreational Water Quality Section
NCDENR - Division of Environmental Health
PO Box 769
Morehead City, NC 28557-0769
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Construction of a Fish Passage (DCM#20100042)
VAR 2 5 1010
Morehead City
esC
MAN 2 3 @Wreem
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Waver ?u:li:Y ca .on oval
LOCATION: Lock and Dam No. 1, Cape Fear River, Bladen County, North Carolina
This document is being circulated for consistency review and comment by April 16, 2010. The US Army
Corps of Engineers is proposing to construct a fish passage at Lock and Dam No. I on the Cape Fear River.
Though Bladen County is not a coastal county, the proposed project has a potential to affect coastal resources
and coastal uses; therefore the proposed project requires consistency review. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management Program. If
the proposed project does not conform to your requirements, please identify the measures that would be
necessary to bring the proposed project into conformance. If you have any additional questions regarding the
proposed project you may contact me at 252-808-2808 or email me at [e-mail].
REPLY: X No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: 00k." r ', ?r q1-1 ?'?
Date: 30,41 u
CORRECTIONS: Please identify any corrections, additions, or deletions that should be made in terms
of contact information.
RETURN COMPLETED FORM TO:
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
400 Commerce Ave., Morehead City, NC 28557-3421 One
Phone. [phone] FAX: [phone] Internet: www.nccoastalmanaaement.net NofthCarolina
An Equal OpportuNty 1 Affirmative Action Employer Nataiailly
A A ?
?...
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
MEMORANDUM R,
IV,
March 23, 2010 MAR 3 4 2010
TO: Steve Everhart (Morehead City DOM..
Division of Coastal Management - Wimington
127 Cardinal Drive Extension
Wilmington, NC 28405-5406
FROM: Stephen Rynas, AICP; Fedcral Consistency Coordinator
SUBJECT: Proposed Construction of a Fish Passage (DCM#20100042)
LOCATION: Lock and Dam No. 1, Cape Fear River, Bladen County, North Carolina
Dee Freeman
Secretary
This document is'being circulated for consistency review and comment by April 16, 2010. The US Army
Corps of Engineers is proposing to construct a fish passage at Lock and Dam No. 1 on the Cape Fear River.
Though Bladen County is not a coastal county, the proposed project has a potential to affect coastal resources
and coastal uses; therefore.the proposed project requires consistency review. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management Program. If
the proposed project does not conform to your requirements, please identify the measures that would be
necessary to bring the proposed project into conformance. If you have any additional questions regarding the
proposed project you may contact me at 252-808-2808 or email me at [e-mail].
REPLY: Y No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: y Date: l? /zo, 40
CORRECTIONS: Please identify any corrections, additions, or deletions that should be made in terms
of contact information.
RETURN COMPLETED FORM TO: R
ji;
Stephen Rynas, Federal Consistency Coordinator R V
NC Division of Coastal Management
400 Commerce Avenue VAR
Morehead City, NC 28557-3421
DW ;vs'v` , lC
400 Commerce Ave., Morehead City NC 28557.3421 One
Phone: [phone] FAX: [phone] Internet: mm nccoastalmanaaement.net Nofth Caroliina
An Equal Opportunity t AffirrtiAM Amlon Employer Natwlall.#
.iwAM&
NCDENR: ray
North Carolina Department of Environment and Natural Resources
Division of Coastal Management 4tp4r?ct?i?e4 ct?k C?GF
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
MEMORANDUM
March 23, 2010
TO: DanSams
NCDENR - Division of Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-5406
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Construction of a Fish Passage (DCM420100042)
LOCATION: Lock and Dam No. 1, Cape Fear River, Bladen County, North Carolina
This document is being circulated for consistency review and comment by April 16, 2010. The US Army
Corps of Engineers is proposing to construct a fish passage at Lock and Dam No. 1 on the Cape Fear River.
Though Bladen County is not a coastal county, the proposed project has a potential to affect coastal resources
and coastal uses; therefore the proposed project requires consistency review. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management Program. If
the proposed project does not conform to your requirements, please identify the measures that would be
necessary to bring the proposed project into conformance. If you have any additional questions regarding the
proposed project you may contact me at 252-808-2808 or email me at [e-mail].
REPLY: No Comment. 006--a a AIVII y 4W I ndo li f-s
oruL acrc or more_ of kL A
This office supports the project as proposed. ,
d?siwba.yc.Q.. r
)IL- Comments to this project are attached. e-fost o,. CL?d
This office objects to the project as proposed. p104• & fp1 *-c.. b-, oy d affrov4 -
Signed:-? Date: 3 1 w ( zo ?a
CORRECTIONS: Please identify any corrections, additions, or deletions that should be made in terms
of contact information.
RETURN COMPLETED FORM TO:
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
400 Commerce Ave., Morehead City, NC 28557-3421 One
Phone. [phone] FAX: [phone] Intemet: www.nccoastalmanaoement.net NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer r NatAmally
it
TheNature
Conservancy
Protecting nature. Preserving life`
The Nature Conservancy
Southeast Coastal Plain Program
2807 Market St
Wilmington, NC 28405
April 7, 2010 ROUTED: 0411512010 #7225
ACTION: PM
Colonel Jefferson S. Ryscavage SUSPENSE: 23 April, 2010
69 Darlington Avenue CF: CDR, DCDR, DPM, TSD, PM
Wilmington, NC 28403
RE: Environmental Assessment, Rock Arch Rapids Fish Passage
Dear Colonel Ryscavage,
The Nature Conservancy appreciates this opportunity to affirm our support for the Cape
Fear Rock Arch Rapids Fish Passage. The project will further the conservation of the
endangered shortnose sturgeon, striped bass, American shad and other important
anadromous fish species.
The Nature Conservancy is a private, non-profit, non-governmental organization
incorporated in Washington, DC and active around the world. Our mission is to preserve
plants, animals and natural communities that represent the diversity of life on Earth by
protecting the lands 'and waters they need to survive. Since our founding in 1951, we
have protected more than 117 million acres of land and more than 5,000 miles of rivers
worldwide. We are a science-based organization that works with partners to identify and
implement solutions to complex environmental challenges. We have over one million
members, receive support from many corporations and foundations, and work in
partnership with many other NGOs and with local, state, and federal land management
agencies, in all 50 states and 30 countries.
Locally, The Conservancy has an active and longstanding program in North Carolina.
Through numerous conservation projects, we have protected over 700,000 acres of
habitat, including ecologically significant lands and waters in southeastern North
Carolina in the vicinity of this project. All of our conservation work is grounded in a
science-based approach and it is in that regard that we write to you today.
Although the Environmental Assessment (EA) described most of the project in detail, the
Conservancy would appreciate further emphasis on how the Army Corps of Engineers
will determine the project's success, as well as outlining a monitoring regime that will
generate the data needed to quantify it. It is unclear from the assessment if the purpose of
the fish passage is to assist the target fish species to their most critical spawning grounds
and significantly enhance reproductive rates or solely to increase numbers of fish moving
upstream. It would seem to us that this would have to be clarified in order to define fhe
project's success.
In addition, although the EA states that the baseline for current passage of American shad
and striped bass through the lock and dam is known, the Conservancy would like to see
monitoring in place for the entire community of fish species, as less common species like
American eel, blueback herring and sturgeon may actually benefit more from the passage
than American shad and striped bass. Lessons learned on this project can be used further
upstream when the resources become available to build passages on Locks #2 and #3.
In general, the Conservancy believes that quantifying the project's success should be
defined at a broader, ecosystem level. In addition to a monitoring regime focused on fish
species, all ecological responses to the installation of the fish passage impacts on
upstream ecosystem functioning, such as restoring historic patterns of nutrient flow
(transport of marine derived nutrients upstream), altering patterns of in-stream primary
productivity as a result of altered nutrient flow, and changing the composition of the
aquatic invertebrate community which can alter important processes like decomposition
rates should be examined if at all possible.
Of course all of these additional suggestions for monitoring would require baseline data.
Any interpretation of the success of the fish passage will be completely dependent on the
quality and extent of pre-passage baseline data, critical for assessing project success and
clearly cannot be collected after the fact. The Conservancy understands that the time
constraints of this project would probably not afford this data collection, but we hope that
the ACOE considers the collection of this data at Locks #2 and #3.
Again, The Nature Conservancy is appreciative of the opportunity to submit our
comments as well as all of the ACOE's efforts towards conserving our natural resources.
Sincerely,
- , 1) "_?
Dan Ryan
Project Director, Southeast Coastal Plain
The Nature Conservancy
2
Yelverton, Frank SAW
From: Haskell Rhett [[e-mail]]
Sent: Tuesday, March 30, 2010 12:21 PM
To: Yelverton, Frank SAW
Cc: Joseph Brown; Frank Styers; Michael Richardson; Matt Jordan
Subject: EA--Rock Arch Rapids Fish Passage, Lock & Dam #1
Good afternoon! I have seen the public notice on the rock arch rapids fish passage at lock
and dam #1. I have not yet seen the EA. I expect some of the questions I have included
herewith will be answered by reading the EA. Please send a link.
I have the following questions/comments for your consideration:
-As an associated concern to the rock placement ... what is the condition of the dam? When was
it constructed? Is the dam wooden with a concrete cap structure or is it a concrete
structure? Are maintenance and repairs to the dam anticipated? When would these necessary
repairs be anticipated?
Over the years of use, has the action of the water (and debris, etc.) on the dam caused
wear?
Will the weight of the rocks for the fish passage immediately adjacent the dam structure put
additional stress/weight on the dam? (The Public Notice, Figure 5, "Rock Arch Rapids Generic
Design Cross Section," seems to show the rocks leaning on the dam.) If so, will this stress
decrease the life of the dam?
Will the rock be placed in the vicinity of the lock? How close? Will the lock continue to
be used or be available for vessel traffic? If so, will the rock increase turbulence and
erratic currents in the vicinity of the lock?
What type and size of rock will be used and where do you anticipate it will come from?
-How will the subsidence of the rock be mitigated? Can the subsidence be measured with
accuracy with the fish passage considerations (water level, height, current, etc.) also
considered?
Authority staff has asked me to relay our appreciation for the opportunity to work with you
on this project. CFPUA's interest continues, and will continue, on the maintenance and
protection of the water supply reservoir created by the dam structure. Any damage during
construction or over time to the dam itself would be problematic for the Authority. Any
lowering of the water level of the reservoir would also be of concern.
-It is encouraging to consider the upstream access for the fish. I hope the fish are very
happy.
Thank you for this opportunity to comment. I will look forward to your reply. Best wishes.
HSR - March 30, 2010
Haskell S. Rhett, III
Strategic Planning Officer
Cape Fear Public Utility Authority
910-332-6418
haskell.rhett(@cfpua.org <mailto:haskell.rhett(@cfpua.org>
Stewardship. Sustainability. Service.
To Whom It May Concern:
heepirg or eye or the Rarer
617 Surry Street
Wilmington, NC 28401
[phone]
w o%i.cfrw.us
kemnd;cfr?i.us
OFFICERS
Elise Rocks, President
Arthur W. Brownell, Vice President
Audrey Albrecht, Secretary
Jim Bitto, Treasurer
CAPE FEAR RIVERKEEPER
Douglas Springer
BOARD OF DIRECTORS
Julia Berger
Larry Cahoon
David Pyle
Elise Rocks
Brad Rosov
Dawn York
Roger Shew
Dave Thomas
Alan Cradick
Bill Farris
Jane Hartley
Jeannie Lennon
Jot Owens
Julia Berger
Kay Hernandez Plummer
Lara Berkley
Mike Sheehan
Paul Ritchie
STAFF
Kemp Burdette
Executive Director
Carrie Frohling
Development Director
Joe Abbate
GFL Education &
Operation Specialist
WATERKEEPER'ALLIANC E
MEMBER
Cape Fear River Watch (CFRW) is a non-profit grangerization dedicated to
the protection and improvement of the water quality of the Lower Cape Fear
River Basin through education, advocacy and action. With this mission in
mind, recognizes the importance of maintaining a healthy and sustainable
fisheries stock within the river. A number of years ago the CFRW undertool,
a very specific project to increase the number of anadromous fish returning
and spawning in the River each year. In that light, the CFRW has been
supportive of the Corps of Engineers proposal to build a rock weir around
Lock & Dam #1 located on the Cape Fear River in Bladen County, NC. This
structure will allow for the successful migration up the river to the spawning
grounds of several native anadromous fish species including shad, striper,
and the shortnosed sturgeon.
The Cape Fear River was a free flowing river until 1915 when the Corps buil
Lock & Dam #1 followed by Lock & Dam #2 in 1917. Lock & Dam #3 near
Fayetteville was built in 1935. The Cape Fear River as this time was used tc
transport products between the Port of Wilmington to Fayetteville and inland
NC.
Barge traffic was very heavy and the Lock & Dams provided the barges with
the water depth they needed to navigate the river. With the Lock & Dams
also came the reduction in the number of Shad. Herring, Striped Bass, and
Sturgeon spawning in the upper reaches of the river each year. Very few
were able to get through the Locks when they where open.
The Corps of Engineers proposed, as part of the mitigation for dredging the
Port of Wilmington, the rock weir for Lock & Dam M. Funds were never
available for the project until recently but the Corps is now on track to
undertake the rock weir at Lock & Dam #!. The Corps issued an
Environmental Assessment of the project in March 2010. Plans call for the
rock weir to be built by 2011 with fish using the weir in 2012 for the fist time.
The best alternative to increase fish passage around the dam is to remove
the dam and the other dams on the Cape Fear river, however Cape Fear
River Watch realizes that is impossible at this time because of the drinking
water that the Cape Fear River supplies to New Hanover and Brunswick
counties. With this in mind, CFRW is in agreement with the Corps of
Engineers that the most practicable alternative for anadromous fish to get
around Lock & Dam #! is to build a rock weir around the dam.
The Cape Fear River Watch wants to continue to work with the Corps of
Engineers as this project progresses and build upon the rock weir as a new
opportunity to educate the people in the area of the importance of the weir
and the fisheries of the Cape Fear River to the whole area.
Sincerely,
Doug Springer
Cape Fear RIVERKEEPER