20090685 Ver 2_More Info Received_20110330

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
1
Haskell S. Rhett, III
Strategic Planning Officer
Cape Fear Public Utility Authority
910-332-6418
haskell.rhett(@cfpua.orp, <mailto:[e-mail]>
Stewardship. Sustainability. Service.
7
2
To Whom It May Concern:
Keeping an eye on the River
617 Surry Street
Wilmington, NC 28401
[phone]
"w.v.cfrw.us
kemn;oxfrw.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
WATERKEEPEJeALLIANC 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 undertooN
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 #!. 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
Mcmillan, Ian
From: Yelverton, Frank SAW [ Frank. Yelverton @usace.army. mil]
Sent: Tuesday, April 05, 2011 5:00 PM
To: Coburn, Chad
Cc: Mcmillan, Ian; Payonk, Philip M SAW
Subject: 401 water quality certification - Fish passage Lock and Dam #1 (UNCLASSIFIED)
Attachments: 401 Certificate30June2010.pdf; D-07 ROCK ARCH SITE PLAN (original).pdf; D-07 ROCK
ARCH SITE PLAN (current).pdf
Classification: UNCLASSIFIED
Caveats: NONE
Chad,
As we discussed by phone today, the DWQ letter of June 30, 2010 approved use of General Water
Quality Certification Number 3687 for construction of the Rock Arch Rapids Fish Passage
structure at Lock and Dam #1 on the Cape Fear River (see attached letter). Nothing has
changed about the project except for the area next to the lock wall (see attached figures).
In the original
401 application package, we indicated there could be about a 10 -foot wide water gap between
the lock chamber wall and a retaining wall (first drawing).
The retaining wall was to be constructed to keep the rock rapids from being placed against
the lock wall because the lock wall may not be stable if rock was placed against it. However
the area between the retaining wall and lock wall was being filled with rock up to elevation
-6' to keep the area from scouring.
For the current plan, we have determined that a better action was to strengthen the lock wall
so that the rock rapids can be placed against the wall (second drawing). The lock wall would
be strength by adding more concrete and would be constructed in accordance with nationwide
permit #3 and associated General Water Quality Certification #3687. As allowed under the
nationwide permit, a temporary cofferdam would be used to dewater the area next to the lock
wall so that no concrete would be poured into the water.
Most of the concrete added to the lock wall would be above the normal water level of the
river.
This action would enable us to eliminate the 10 -foot water gap since that gap, which would
have been partially been filled with rock (up to -6'), would now be incorporated into the
rapids. The other aspects of the project would not change. The overall foot -print of the
project would still be within the 3.0 acre limit and approximate 100,000 cubic yard rock
volume indicated in the original 401 application.
Therefore by replying to this email, we request your concurrence that another water quality
certification is not needed. If you do not concur, please let us know how we should proceed
since we need to issue a contract modification as soon as possible so that work can begin
when the fishery moratorium ends (June 1).
Thanks for your consideration.
Frank Yelverton, Biologist
Environmental Resources Section
US Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403-1343
Office: 910-251-4640

Mobile: [phone]
Fax: [phone]
Email: frank.yelverton(@usace.army.mil
Classification: UNCLASSIFIED
Caveats: NONE

PWA
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4
W ET�IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 30, 2010
DWQ Project # 09-0685v2
Brunswick/Bladen County
U.S. Army Corps of Engineers
Colonel Jefferson M. Ryscavage RECEIVED
69 Darlington Avenue
Wilmington, NC 28403
JUL 0 7010
Subject Property: Rock Arch Rapids Fish Passage Lock & Dam No. 1
REG. WILM FLD. 0 =
Approval of 401 Water Quality Certification with Additional Conditions
Dear Colonel Ryscavage:
You have our approval, in accordance with the attached conditions and those listed below, to impact a total of 3.0
acres of open waters for construction of a rock arch rapids structure for fish passage immediately downstream of the
dam at Lock and Dam No. 1 as described within your application received by the DWQ on June 22, 2010. After
reviewing your application, it has been determined that the impacts are covered by General Water Quality
Certification Number 3687 (GC3687). The Certification(s) allows you to use Nationwide Permit 3 when issued by
the US Army Corps of Engineers (USACE). This approval replaces the 401 Water Quality Certification issued on
July 2, 2009. In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -
discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
Amount Approved Units
Plan Location or Reference
Open Waters 13.0 acres
Pae 5 of 13
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
and any subsequent modifications, the applicant is required to return the attached certificate of completion to
the 401/Wetiands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
kPgr Caro 'na
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Senricel-877.62347, )VV Nff1V
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recyded110% Post Consumer Paper

2
Rock Arch Rapids Fish Passage Lock & Dam 1
Brunswick/Bladen County
2009-0685v2
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA
Permit.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Chad
Coburn in the DWQ Wilmington Regional Office at 910-796-7215.
Sincerely,
H. Sullins, Director
Division
Division of Water Quality
Enclosures: GC 3687
Certificate of Completion
cc: Ian McMillan — DWQ 401 Oversight and Express Unit, Raleigh
Frank Yelverton — USACE Wilmington Regulatory Field Office
Steve Everhart — DCM Wilmington
Stephen Rynas — DCM Morehead City
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