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HomeMy WebLinkAbout20131288 Ver 1_More Info Received_20131217Dennison, Laurie From: Dawn York <dyork @dialcordy.com> Sent: Tuesday, December 17, 2013 9:53 AM To: Dennison, Laurie Subject: RE: DWR 13 -1288 Cape Fear River Fisheries Enhancement Project (Bladen) Thank you Laurie! Have a wonderful day!! Dawn From: Dennison, Laurie [ mailto :laurie.j.dennison(dncdenr.gov] Sent: Tuesday, December 17, 2013 9:41 AM To: Dawn York; kemp@cfrw.org Cc: Turlington, Chad; Amschler, Crystal C SAW Subject: RE: DWR 13 -1288 Cape Fear River Fisheries Enhancement Project (Bladen) Thank you. Got it, will make the necessary change & you'll be off & running. Laurie Laurie Dennison Administrative Assistant 919 - 807 -6303 NCDENR - Division of Water Resources Wetlands Branch - Water Quality Programs 401 & Buffer Permitting Unit Mailing address: 1650 Mail Service Center Raleigh NC 27699 -1650 Physical location: 512 N Salisbury St 9th Fl Archdale Bldg Raleigh NC 27604 -1170 Fax line: 919 - 807 -6494 Website: http: / /Portal.ncdenr.ore /web /wq /swp /ws /webscape From: Dawn York [mailto:dyork@)dialcordy.com] Sent: Tuesday, December 17, 2013 9:31 AM To: Dennison, Laurie; kemp@)cfrw.org Cc: Turlington, Chad; Amschler, Crystal C SAW Subject: RE: DWR 13 -1288 Cape Fear River Fisheries Enhancement Project (Bladen) Good morning, as requested by Mr. Turlington this morning I have attached a modified PCN for the Cape Fear River Fisheries Enhancement Project. We have revised the PCN to indicate impacts will occur to Open Water vs Stream in the amount of 0.5 acres. Please review and let me know if you need any further information. - -. a.. - ,,- -- . Thank you and have a great day, Dawn 1)mwwYork. Coastal Scientist /Project Manager Dial Cordy and Associates Inc. 201 N. Front St., Ste 307 Wilmington, NC 28401 910.251.9790 (office) 910.612.1152 (cell) From: Dennison, Laurie ( mailto: laurie.j.dennison(aOncdenr.gov] Sent: Monday, December 16, 2013 1:03 PM To: kemp0cfrw.org Cc: Dawn York; Turlington, Chad Subject: DWR 13 -1288 Cape Fear River Fisheries Enhancement Project (Bladen) Importance: High " *Courtesy Copy of Letter Referencing the Above Project (hard copy is in the mail) ** Please see attached the Division of Water Resources' letter related to your application. Please note this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this email or via fax; it will go unanswered. Questions may be directed to Jennifer Burdette (919) 807 -6364 or iennifer.burdette(&- ncdenr.gov Laurie Dennison Administrative Assistant NCDENR - Division of Water Resources Wetlands Branch - Water Quality Programs 401 & Buffer Permitting Unit Mailing address: 1650 Mail Service Center Raleigh NC 27699 -1650 Physical location: 512 N Salisbury St 9th FI Archdale Bldg Raleigh NC 27604 -1170 Fax line: 919 - 807 -6494 Website: http: / /Portal.ncdenr.ore /web /wq /swp /wslwebscape Dennison, Laurie From: Securence Mailer Sent: Tuesday, December 17, 2013 9:41 AM To: Dennison, Laurie Subject: Undeliverable: RE: DWR 13 -1288 Cape Fear River Fisheries Enhancement Project (Bladen) Your message To: Dawn York <dvork @dialcordv.com >, "kemp @cfrw.ore" <kemp @cfrw.ore> Subject: RE: DWR 13 -1288 Cape Fear River Fisheries Enhancement Project (Bladen) Sent: Tue, 17 Dec 2013 14:40:33 +0000 Securence ID: 1387291234629-013-00264079 did not reach the following recipient(s): kemp @cfrw.ors There was a SMTP communication problem with the recipient's email server. Please verify the e-mail address to which you sent the message is correct. Otherwise, contact your system administrator. Response from destination mail server: 550 No such user (kemp) -ERR kemp @cfrw.ore not found C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams — tributaries ❑ Buffers Q 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. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e: Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary Impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P Cape Fear River Fill Other 0.5 02 Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.5 4g. Comments: the Cape Fear River, just below Lock and Dam 2. Purpose is to enhance /restore spawning habitat for anadromous fish species. S. Pond or Lake Construction If pond or lake construction proposed, the 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 P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 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. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number - Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 Yes/No B4 - Yes/No B5 Yes /No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 got WA r�9 O < 13- II4g% Office Use Only- Corps action ID no. DWQ project no. Form Version 14 January 2009 Pre - Construction Notification (PCN) Form a= A. Applicant Information ` �- 1. Processing 1a. Type(s) of approval sought from the Corps: Q Section 404 Permit - Q Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 4 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? Q Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. 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 0 No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes Q No 1h. Is the project located within a NC DCM Area of Environmental Concem (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Cape Fear River Fisheries Enhancement Project 2b. County: Bladen 2c. Nearest municipality / town: Elizabethtown 2d. Subdivision name: NA 2e. NCDOT only, T.1 P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NA; State -owned waters 3b. Deed Book and Page No. NA 3c. Responsible Parry (for LLC if applicable): Cape Fear River Watch, Kemp Burdette D 3d. Street address: 617 Surry Street DEC j 7 2Q11 3e. City, state, zip- Wilmington, NC, 28401 910- 762 -5606 W A UAL_R_ 3f. Telephone no.: 3g. Fax no.: 910- 251 -9409 3h. Email address: kemp @cfrw.org Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent Q Other, specify: Cape Fear River Watch " 4b. Name: Kemp Burdette, Executive Director and Cape Fear Riverkeeper 4c. Business name (if applicable): Cape Fear River Watch 4d. Street address: 617 Surry Street 4e. City, state, zip: Wilmington, NC, 28401 4f. Telephone no.: 910- 762 -5606 4g. Fax no.: 4h. Email address: kemp @cfrw.org 5. AgentfConsultant Information (if applicable) 5a. Name: Dawn York 5b. Business name (if applicable): Dial Cordy and Associates Inc. 5c. Street address: 201 N. Front Street, Suite 307 5d. City, state, zip: Wilmington, NC, 28401 5e. Telephone no.: 910 - 251 -9790 5f. Fax no.: 910- 251 -9409 5g. Email address: dyork @dialcordy.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NA 1b. Site coordinates (in decimal degrees): Latitude: 34.626167 Longitude: 78.574972 1c. Property size: 0.5 acres 2. Surface Waters t 2a. Name of nearest body of water to proposed project: Cape Fear River basin 2b. Water Quality Classification of nearest receiving water: WS -IV 2c. River basin: Cape Fear River 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 proposed spawning enhancement site is located on the north side of the Cape Fear River just below Lock and Dam 2. The north side of the river is privately owned and is in a naturally- vegetated state. The Lock and Dam 2 boat ramp and lockmaster facilities are located on the south side of the river and is used by recreational water users The immediate area surrounding the proposed enhancement site is used by recreational fisherman. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 175 3d. Explain the purpose of the proposed project: Considering the limited passage above Lock and Dam No. 2, spawning habitat enhancement downstream of Lock and Dam No. 2 will provide substrat 3e. Describe the overall project in detail, including the type of equipment to be used: The project will place approximately 1,000 tons of Class B size np rap rock in a 0.5 -acre area to enhance spawning habitat for anadromous fish. The pr 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 0 No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made. ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes Q No [I Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes © No _ 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 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. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No we - Choose one Choose one Yes/No 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one - S3 - Choose one S4 - Choose one - S5 - Choose one _ S6 - Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P Cape Fear River Fill Other 0.5 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.5 4g. Comments: the Cape Fear River, just below Lock and Dam 2. Purpose is to enhance/restore spawning habitat for anad omous fish species. 5. Pond or Lake Construction If pond or lake construction proposed, the 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 P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 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 miti ation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number - Permanent (P) or Temporary (T ) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet 61 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed project was coordinated closely with state and federal resource agencies to ensure design and placement location avoided any and all potential impacts. The location of substrate placement is downstream of the scour hole below Lock and Dam 2 as well as upstream of the USACE's disposal site. The spawning enhancement site will not be a navigation hazard to recreational boaters. Signage will be added to the site. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The proposed project has been discussed thoroughly with the USACE - Wilmington District and determined the substrate material (1,000 tons) will be off - loaded and stored in a grassy easement area of the parking lot at Lock and Dam 2. There is no risk for erosion of river bank. No in -water construction will take place during the annual anadromous fish moratorium window (February 1 - June 15). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes 0 No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 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: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetiand 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. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 Yes Q No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q 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. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this pro 'ect require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project will be 100% submerged after construction is complete. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: NA 2e. Who will be responsible for the review of the Stormwater Management Plan? NA 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Elizabethtown, Bladen County, NC ❑ Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW USMP apply (check all that apply): X Water Supply Watershed ® ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached? 4. DWQ Stormwater Program Review []Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ORW (check all that apply): HSession Law 2006 -246 ❑X Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 0 Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? 0 Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. 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 Q 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 letter.) ❑ Yes ❑ No 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 Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after- the -fact permit application? ❑Yes Q 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 Q 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. The proposed project will have no cumulative adverse impacts on development and/or water quality downstream The proposed project should result in increased spawning success for anadromous fish species including American shad and sturgeon by providing additional substrate for eggs to adhere to. 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 the proposed project Page 9 of 10 PCN Form — Version 1.4 January 2009