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HomeMy WebLinkAbout20221358 Ver 1_Other Agency Correspondence_20221229Staff Review Form NORTH CAROLINA Ertrlmnmertlrtl Quality Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221358 Version* 1 Is this project a public transportation project?* Reviewer List: * Select Reviewing Office: * Yes No Holley Snider:eads\hasnider:Holley.Snider@ncdenr.gov Wilmington Regional Office - (910) 796-7215 Does this project require a request for payment to be sent?* Yes No Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: Is this supplemental information that needs to be sent to the Corps?* Yes No Please choose the commenting agency. * DCM Comments DCM Permit DFM Comments USFWS Comments WRC Comments Other Project Contact Information Name: Maria Dunn Who is submitting the information? Email Address: maria.dunn@ncwildlife.org Project Information Existing ID #: 20221358 20170001 (no dashes) Project Name: Existing Version: 1 Northeast Cape Fear River Sediment Removal Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Pender Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document CMDF_Pender Co NECF EWP_NCWRCA.pdf 835.49KB Only pdf or kmz files are accepted. Describe the attachments or comments: Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Jiatht, TM Submittal Date: 12/22/2022 Is filled in automatically. ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAMS Director October 3, 2022 MEMORANDUM NORTH CAROI_INA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckaNCDENR.aov SUBJECT: CAMA / D&F Applicant: Pender County Project Location: Located within the waters of the NE Cape Fear River, near the end of Ruddy Duck Lane, Burgaw, Pender County Proposed Project: The applicant proposes to perform new dredging activities within the NE Cape Fear River to address sediment accumulation (shoaling). Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron tuck at the address above by October 27, 2022, if you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY h1 f 1p c— i SIGNATURE DATE �.� Hoarx- �`� ne�rr��rta[[a.rm�a*.ft� North Carolina Department of Environmentaf Quality } Division of Coastal Management Wilmington Office I t27 Cardinal Drive Extension I Wilmington, North Carolina 284O5 910,7%,7215 North Carolina Wildlife Resourees Commission 7 --- - Cameron Ingram, Executive Director I01_35 [0.7�►11190V l TO: Cameron Luck Division: of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: December 9, 2022 SUBJECT: CAMA Dredge/Fill Permit Application for Pender County NE Cape Fear River EWP, Pender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located near the terminus of Ruddy Duck. Lane and Turtle Hill Trail in the NE Cape Fear River. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson - Stevens Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicant proposes to remove 10,800 CY of sediment within the NE Cape Fear River at a Iocation designated as DSR494/Site 1. Excavation would occur via bucket to barge and transported to two offloading sites. Material would be trucked to Disposal Site 1 or Disposal Site 2 located off Shaw Highway or Croomsbridge Road, respectively. The 1.37 dredged site would have a final water depth of -7.5' NWL. The NE Cape Fear River at this location is classified C Sw by the Environmental Management Commission and is designated as critical habitat for Atlantic sturgeon by the National Marine Fisheries Service (NMFS). Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 The NCWRC has reviewed the proposal and does not object to permit issuance as long as a February I — June 30 moratorium is included as a pen -nit condition. This area is designated as critical habitat for the federally listed Atlantic sturgeon and is immediately upstream waters designated as anadromous fish spawning areas (AFSA) by the NC Division of Marine Fisheries and NCWRC. This moratorium protects the spawning and earlier development stages of egg, larvae, and juvenile fishes. If this moratorium is not included or is adjusted, contact should be made with NMFS to ensure protection of Atlantic sturgeon. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria,dunn a,ncwildlife.org