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HomeMy WebLinkAbout20050453 Ver 2_401 Application_20121114V Smith 5400 Glenwood Avenue, Suite 300 Raleigh, North Carolina 27612 tel 919 787 -5620 fax 919 781 -5730 November 9, 2012 Ms. Karen A. Higgins Supervisor Wetlands, Buffers, Stormwater Compliance and Permitting Unit`- - North Carolina Division of Water Quality 512 North Salisbury Street Raleigh, North Carolina 27604 US -04S3 Ua- Subject: Neuse Regional Water and Sewer Authority - Raw Water Intake Dredging 401 Water Quality Certification PCN - NWP 3 /WQC 3883 Dear Ms. Higgins: The Neuse Regional Water and Sewer Authority (NRWASA) provides treated surface water from the Neuse River to almost 100,000 customers in Lenoir and Pitt Counties. NRWASA proposes to perform maintenance dredging to remove sediment in front of its raw water intake in the Neuse River. Based on bathymetric surveys conducted in 2010 and 2012, sediment has accumulated in front of the intake and must be dredged to maintain proper operation and avoid damage to the intake pumps. Enclosed please find five copies of a Preconstruction Notification (PCN) for a 401 Water Quality Certification in support of this project. A check for the permit fee is also included. Please'review the enclosed application for a 401 Water Quality Certification and let me know if you have any,questions. I can be reached at (919) 325 -3508 or boonekr @cdmsmith.com. Thank you for your assistance. Very truly yours, Kelly R. Boone, P.E. CDM Smith Inc. P,, Q V 1 3 Z0112- DENR -_ WtiTEFd (iJFi! i„ Enclosures: 5 copies of PCN, including 2 full size and 3 half -size plan sheets Check for permit fee cc: Harold Herring, NRWASA r DS- oI�S3 u a.. Office Use Only. Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 vl et°ana3 my ae arancn p Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information , 1. Processing 1a. Type(s) of approval sought from the Corps. ® Section 404 Permit ® Section 10 Permit lb Specify Nationwide Permit (NWP) number. 3 or General Permit (GP) number. 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d Type(s) of approval sought from the DWQ (check all that apply), ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit - ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)' ❑ Yes ® No 2. Project Information 2a. Name of project: Neuse Regional WASA Raw Water Intake Dredging 2b County, Lenoir 2c Nearest municipality / town* La Grange 2d. Subdivision name. N/A 2e. NCDOT only, T.I.P. or state project no N/A 3. Owner Information 3a. Name(s) on Recorded Deed Neuse Regional Water and Sewer Authority 3b Deed Book and Page No. Deed Book 1402 / Page 887 3c Responsible Party (for LLC if applicable)* Harold Herring, Executive Director, Neuse Regional WASA 3d Street address: 2811 Barrus Road k'.y 3e. City, state, zip. La Grange, NC 28551 y 3f. Telephone no.: (252) 522 -2567 3g. Fax no (252) 523 -1639 d `' 3h Email address Harold.Herring @nrwasa org DENR - WATER QUALITY vl et°ana3 my ae arancn p Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name. 4c. Business name (if applicable): 4d Street address ° 4e. City, state, zip: 4f Telephone no 4g Fax no. 4h Email address 5. Agent/Consultant Information (if applicable) 5a. Name, Kelly Boone 5b Business name (if applicable): CDM Smith 5c. Street address. 5400 Glenwood Avenue, Suite 300 5d City, state, zip Raleigh, NC 27612 5e. Telephone no.- (919) 325 -3508 5f Fax no (919) 781 -5730 5g. Email address: boonekr @cdmsmith.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID): 3584 -00 -50 -2454 Latitude. 35 226853 Longitude- - 1 b. Site coordinates (in decimal degrees) 77.709303 (DD DDDDDD) ( -DD DDDDDD) 1c Property size: 5 2 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Neuse River proposed project- 2b Water Quality Classification of nearest receiving water WS -IV; NSW, CA 2c River basin: Neuse 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is owned by the Neuse Regional Water and Sewer Authority and contains the raw water intake and pump station for the Neuse Regional Water Treatment Plant The raw water intake pipes and screens protrude into the river from underground at the bank. 3b. List the total estimated acreage of all existing wetlands on the property - 0.16 ac (in existing culvert) 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property The site abuts approximately 300 feet of the Neuse River 3d. Explain the purpose of the proposed project The Neuse Regional Water and Sewer Authority (NRWASA) provides treated surface water from an intake in the Neuse River to almost 100,000 customers in Lenoir and Pitt Counties The water supply intake and Neuse Regional Water Treatment Plant (WTP) were constructed between 2006 and 2008 Since the intake was placed into operation in 2008, sediment has accumulated in front of the intake screens. This sediment needs to be removed as part of maintenance of the intake NRWASA proposes to dredge the sediment that has built up around the intake screens to avoid a reduction in flow into the intake and damage to the raw water intake pumps 3e. Describe the overall project in detail, including the type of equipment to be used Sediment will be removed by hydraulic or mechanical dredging from a barge in the river. Dredged material will be dewatered on an upland site at the raw water pump station site if necessary. After dewatering the material will be transported in trucks to a permitted landfill facility or spread on site in upland area. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ®Yes [:1 No El Unknown Comments Wetlands and streams were delineated in 2005 in support of the original Section 404/401/10 permit for the raw water intake, pump station, and water treatment plant. 4b If the Corps made the jurisdictional determination, what type ❑ preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company CDM Smith Name (if known) Kelly Boone Other* 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Approved permits Action ID 200510642 (issued 4/7/2005) / DWQ #05 -0453 (issued 8/8/2005) Page .3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 5. Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions Section 404/10 and 401 (including buffer authorization) permits were obtained for construction of the raw water intake, pump station, and water treatment plant in 2005 Action ID 200510642 / DWQ #05 -0453. 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Project is not phased, but maintenance dredging may be required again in the future if sediment accumulates near the intake. Page 4 of 11 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary 1a Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d. 2e. 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a. 3b. 3c 3d 3e. 3f 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - PER or (Corps - 404, 10 stream leneah Permanent P or () intermittent ttent DWQ — non -404, width Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Dredging in order to maintain raw water Neuse River ® PER F-1 INT ®Corps ❑ DWQ 250 280 intake functionality S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 280 3i Comments: Dredging impact area is 170 feet. Additional impact length is due to turbidity barrier around work area Page 5 of 11 PCN Form —Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below. 4a Open water impact number — Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g Comments: S. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c. Wetland Impacts (acres) ' 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no' 51 Expected pond surface area (acres) 5j. Size of pond watershed (acres): 5k Method of construction Page 6 of 11 PCN Form — Version 1 3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c. 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for impact Stream name mitigation (square feet) (square feet) or Temporary required? T Equipment access to B1 []POT river for dredging Neuse River ❑ Yes ® No 1,200 800 (no tree removal) B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 1,200 800 6i Comments* Buffer disturbance limited to 40 feet in width and limited to area where rip rap is already stabilizing bank No vegetation will be removed in the buffer D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Dredging disturbance area has been established to minimize the area to be affected Limits of disturbance on land have also been established on the site plan to minimize impacts. No in -river work will be allowed between February 15 and June 30 to avoid impacts to fish spawning. lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Proper sediment and erosion control devices will be used to minimize sediment from land -side operations from reaching the river. A turbidity barrier will be used in the river during construction to minimize sediment from migrating downstream. Sediment removed from the river will be disposed in an upland location. No clearing of vegetation will be allowed on the river bank or in the Neuse River Riparian Buffer Disturbance within the riparian buffer will be limited to 40 feet in width, and the disturbance area will be limited to a portion of bank that is already stabilized with rip rap 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1 3 December 10, 2008 Version 3c Comments. 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached. ❑ Yes 4b Stream mitigation requested: linear feet 4c If using stream mitigation, stream temperature. ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e. Riparian wetland mitigation requested- acres 4f. Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested: acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires , buffer mitigation? ❑ Yes ® No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 8 of 11 PCN Form — Version 1 3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why Comments There are no stormwater outfalls, and no impervious area is being ❑ Yes ® No added as part of this project. Sediment fence will be used around dewatenng area for sediment removed from river 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why No impervious /built upon area is included in this project 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan's ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Lenoir County ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other: 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a Which of the following state - implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply)' ❑ Session Law 2006 -246 ❑ Other 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1b If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments - 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility No wastewater will be generated by this project Page 10 of 11 PCN Form — Version 1 3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data souroes did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Raleigh office of USFWS was contacted as part of the EA for construction of the water treatment plant and raw water intake. USFWS reviewed the project and stated that no federally listed or proposed endangered or threatened species were likely to be impacted by the project (see attached correspondence). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Interactive mapping site for essential fish habitat: http: // ocean. floridamarine .org /efh_coralAms/Vewer.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? State Historic Preservation Office was contacted as part of the EA for construction of the water treatment plant and raw water intake. SHPO reviewed the project and determined that the properties affected by the project were not eligible for listing in the National Register of Historic Places (see attached correspondence). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: No fill will be added to floodplain/floodway. Sediment will be removed from the intake area and disposed in an upland location. No fill or imperviousness will be added. 8c. What source(s) did you use to make the floodplain determination? Interactive mapping site for floodplains in NC: http: / /www.ncfloodmaps.conV Applicant/Agent's Printed Name ApplicantlAgegs Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Attachments - Correspondence from SHPO Correspondence from USFWS - USGS Topographic Map - Sheet C -1 Site Plan IYiI■ �: North Carolina Department of Cultural Resources State Historic Preservation Office Peter B Sandbecfr, Admittisltator Michael F_ Easley, Governor Office of Archives and History Lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director November 19, 2004 Kelly R. Boone, P.E. Camp Dresser & McKee 5400 Glenwood Avenue, Suite 300 Raleigh, North Carolina 27612 Re: Neuse Regional Water and Sewer Authority (Lenoir County) Archaeological Survey Draft Report, CH01 -0724. Dear Ms. Boone: Thank you for your letter of November 1, 2004, transmitting the archaeological survey report by New South Associates, Inc., for the above project.. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the rollowing properties are determined not eligible for listing in the National Register of Historic Places: 31LR355 &355 * *, 31LR356 * *, 31LR357 * *, 31LR358&358 * *, 31LR359&359 * *, 31LR360&360* *, 31LR361&361 * *, 31LR362, and 31LR363 * *. These properties do not retain the level of integrity nor do they possess the potential to yield significant new information pertaining to the prehistory of North Carolina. When submitting future archaeological reports, please do not make site forms an appendix or part of the report (see our survey report guidelines at www.arch.dcr.state.nc us /crmguuide html. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and considerations. If you have any questions concerning the above comment, please contact Renee Gledhill- Earley, environmental review coordinator, at 919.733.4763. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, eter Sandbeck -c: Dr. Johannes H. N. Loubser Location Meiling Address Telephone /Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699- 4617 (919)733.4763 /733 -8653 RESTORATION 515 N Blount Street, Raleigh NC 4617 Mad Service Center, Raleigh NC 27699 -4617 (919)733- 6547/715 -4801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699.4617 (919)733 -6545 /715 -4801 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636.3726 October 29, 2004 Kelly Boone Camp Dresser and McKee 5400 Glenwood Avenue, Suite 300 Raleigh, NC 27612 Dear Ms. Boone: Thank you for your September 28, 2004 letter regarding the proposed Neuse Regional Water and Sewer Authority's (NRWASA) proposed new raw water intake to be located on the Neuse River 13 miles upstream from Kinston in Lenoir County, North Carolina. The proposed water treatment plant and 93 miles of new water transmission lines will be located in Lenoir and Pitt counties. The U.S. Fish and Wildlife Service (Service) provides the following comments pursuant to, and in accordance with, provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act). According to the Environmental Assessment (EA) completed for this project on June 24, 2003, protected species surveys were conducted during 2000 and 2001 at the proposed construction site in Lenoir County. The results of the surveys conducted indicate that no federally protected species are likely to be impacted by project construction. Subsequent surveys along water transmission corridors (added to the project in 2002) were conducted in May 2003 and no federally protected species were discovered. In addition, the Service has reviewed the NRWASA's Draft Statement of Intent to Facilitate Water Resource Protection and Environmental Planning and is encouraged by NRWASA's position on environmental protection within the service area. For those portions of the project that will cross streams and wetlands in Pitt County, the Service understands that NR yVASA has committed to either cross those areas by directional bore or conduct surveys for the Tar spinymussel (Elliptio steinstansana) and will notify us if specimens are found. Please note that surveys for federally protected mussel surveys should be conducted by a qualified biologist with the appropriate state and federal permits to identify and handle endangered species. Given the results of previous protected species surveys and NRWASA's commitment to address our Tar spinymussel concerns with surveys or by using the directional bore method, the Service concurs that this project is not likely to adversely affect all federally protected species. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Thank you for updating our office on the status of this project. If you have any questions or comments regarding our response, please contact Dale Suiter at (919) 856 -4520, extension 18, or via email at Dale—Suiter@fws.gov. Sincerely 7 ete Benjamin Ecological Services Supervisor N 1 inch,,,: 1,500 feet Figure 1 A Feet USGS Topographic Map 0 500 1,000 2,000 3,000 Neuse Regional WASA CDM N— seRegi —I Raw Water Intake Dredging Smith :- !_WASA Falling Creek/Deep Run Quadrangles : Al P��r Site Location Lenoir County