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HomeMy WebLinkAbout20150350 Ver 1_401 Application_20150415o�oF wn rF9o� 0 20)5n��. %W V Office Use Only Corps action ID no DWQ project no Form Version 1 4 January 2009 Page 1 of 10 PCN Form — Version 1 4 January 2009 to Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps ❑X Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 27 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d 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 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ❑X No For the record only for Corps Permit ❑ Yes ❑X 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 ❑X No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑X Yes ❑ No 1 h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑X Yes ❑ No 2. Project Information 2a Name of project South Clayton Blocks Hydrology Restoration Pilot Project 2b County Hyde 2c Nearest municipality / town Pantego, NC 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 Pocosin Lakes National Wildlife Refuge 3b Deed Book and Page No Vol 137, Pages 392 -398 3c Responsible Party (for LLC if applicable) Refuge Manager, Howard Phillips APR 0 0 2015 3d Street address 205 South Ludington Drive DENR - 3e City, state, zip PE Columbia, NC 27925 BUFFER RMITTING 3f Telephone no 252- 796 -3004 x226 3g Fax no 252- 796 -3010 3h Email address howard_phillipsCfws gov (note underscore between first and last names) Page 1 of 10 PCN Form — Version 1 4 January 2009 Er 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 5b Business name (if applicable) 5c Street address 5d City, state, zip 5e Telephone no 5f Fax no 5g Email address t 1•�,• }_i• _RUC ,4• Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) #84- 064 -6091 1 b Site coordinates (in decimal degrees) Latitude 35 629257 Longitude -76 502843 1c Property size 1,325 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Pungo River 2b Water Quality Classification of nearest receiving water SC, NSW 2c River basin Pasquotank and Tar - Pamlico water basins 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 See attached B 3a 3b List the total estimated acreage of all existing wetlands on the property See attached B 3b 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property See attached B 3c 3d Explain the purpose of the proposed project See attached B 3d 3e Describe the overall project in detail, including the type of equipment to be used See attached B 3e 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? ❑X Yes ❑ 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) Kyle Barnes Agency /Consultant Company USFWS Other Emily Jernigan and Rose Railey 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Field Data collection was conducted on August 5 -6 2014 Kyle Barnes with USACE field verified the delineation with Emily Jernigan FWS on September 17, 2014 Preliminary JD data and appropriate forms are included 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions see attached B 5b 6. Future Project Plans 6a Is this a phased project? ❑X Yes ❑ No 6b If yes, explain This protect is part of a broader effort to restore hydrology on 17,200 acres of refuge lands known as Watershed 1 on historically drained pocosin wetlands In this specific, 1,325 acre project area, there is no further work planned 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 ❑X 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 T 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 W2 W3 W4 W5 W6 2g Total Wetland Impacts: 2h Comments No wetland impacts associated with this project 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 P Water Control Structure N/A Canal PER Corps and DWQ 20 8 S2 P Water Control Structure N/A Canal PER Corps and DWQ 20 8 S3 P Water Control Structure N/A Canal PER Corps and DWQ 20 8 S4 P Bank Stabilization N/A Canal PER Corps and DWQ 20 5 S5 P Bank Stabilization N/A Canal PER Corps and DWQ 20 5 S6 P Bank Stabilization N/A Canal PER Corps and DWQ 20 5 3h Total stream and tributary impacts 39 31 Comments See attached C 31 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 indivii ually 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 02 03 04 4f Total open water impacts 4g Comments 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 P2 5f 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 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 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 B2 B3 B4 B5 B6 6h Total Buffer Impacts: 61 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 In order to completely avoid all wetlands impacts associated with this project, the proposed canal /berm construction has been designed to avoid a wetland area in Block C14 It will leave an area of 35 feet adjacent to the existing canal undisturbed by rerouting the new berm within that block 35 feet to the east The only anticipated impacts to waters of the U S will be the WCS, and they will be minimized by selecting the properly sized WCS for this feature 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques To minimize impacts, dredging the canal and building the berm will occur during dry conditions An excavator will be used to dredge the new canal parallel to the new berm location, placing the fill material on existing uplands at the new berm location as it is dredged A bulldozer will be used to shape the material once it has dned Silt fences will be installed where needed to prevent release of sediment from the protect area 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 ❑X 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 Type Type 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 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 Page 6of10 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 buffer mitigation Yes ❑X 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 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 ❑X 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 ❑X No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? % 2b Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c If this project DOES NOT require a Stormwater Management Plan, explain why The protect goal is to restore historically drained wetland, there is no proposed creation of impervious surfaces 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? N/A ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ 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 ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) ❑Session Law 2006 -246 ❑Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a Does the project involve an expenditure of public (federal /state /local) funds or the ❑X Yes ❑ No use of public (federal /state) land? lb 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 ❑X 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑Yes ❑X 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 ❑X 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 would restore, to the greatest extent possible, the natural sheet flow hydrology on the Pocosm Lakes National Wildlife Refuge The project will return lands to a saturated condition, re- establishing their nitrogen, phosphorus, and carbon sequestration function This restoration project will have positive, not negative, effects to off -site water quality It will improve water quality in surrounding nutrient sensitive lakes and rivers such as Pungo Lake and Pungo River 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 N/A Page 9 of 10 PCN Form — Version 1 4 January 2009 S. 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? 5c. If yes, indicate the USFWS Field Office you have contacted Raleigh 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Past Pocosin Lakes National Wildlife Refuge surveys, NC Natural Heritage Data Explorer, and Raleigh FO GIS Information 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? Past Pocosin Lakes National Wildlife Refuge surveys and EFH mapper 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 I E] Yes XQ 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? Consultation with Richard Kanaski, Regional Historic Preservation Officer and Archaeologist, USFWS, Southeast Region Also the publication "A Cultural Resource Investigation of the Pungo National Wildlife Refuge, Hyde and Washington Counties, North Carolina" (1978, Soil Systems, Inc ) B. 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 I 8c. What source(s) did you use to make the floodplain determination? Accessed internet websites http //www ncfloodmaps com, then selected DFIRM panels #7740 and #7648, which show the project area Accessed soil types in the project area from the NRCS Web Soil Survey at http / /websoilsurvey sc egov usda HOWARD PHILLIPS REFUGE MANAr ' sc Date Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 Clayton Road PCN — Attached answers B. PROJECT INFORMATION AND PRIOR PROJECT HISTORY 3. Project Description B. 3a. The project area is within a 1,325 acre parcel of Pocosin Lakes National Wildlife Refuge in pocosin habitat characterized by deep peat. The current unnatural dry state of the peat is dangerously combustible and erodible. Prior to refuge ownership, ditches and canals were constructed to drain the pocosm wetlands to provide access for timber harvest, agriculture and pasture purposes. The project area is bordered on the north and east by additional refuge lands. Agricultural croplands border the project area on the south and west. There are no residential areas in the immediate vicinity of the proposed project area. (See attached Map #2) B. 3b. Historically there were 1,300 acres of wetlands in the project area, but due to historical drainage prior to refuge establishment, the wetland acreage on the property has been greatly reduced. A preliminary jurisdictional determination (JD) was done to ensure that none of the proposed construction occurred in jurisdictional wetlands. The estimated acreage of the preliminary JD is 2.5 acres of wetland, which is outside of the construction area. There are pockets within the greater 1,300 acres and outside of our construction footprint that potentially still meet the wetland criteria, but for this preliminary JD they weren't distinguished due to the purpose of restoring the area to wetland conditions. B. 3e. The project area has 31,680 linear feet of canals. These include main canals and collector canals. These canals have been deemed waters of the US and are jurisdictional, and therefore are treated as streams B. 3d. Purpose of Project The purpose of this project is to restore pocosin wetland hydrology, a high priority at the Pocosin Lakes National Wildlife Refuge. Due to the concerns over hydrological impacts on privately held lands adjacent to the project area, the refuge cannot manage water to optimal levels. The proposed action would restore, to the greatest extent practicable, the natural sheet flow hydrology on these refuge wetlands while maintaining adequate road accessibility and avoiding impacts on adjacent landowners. The project will return lands to a seasonally saturated condition and re- establish their nitrogen, phosphorus, and carbon sequestration function. In combination with previous hydrological restoration projects, this restoration will aid in reducing the potential for local water quality degradation. The restored hydrology will also restore and enhance wildlife habitat for native species, and thus increase wildlife quantity and diversity of wildlife on the refuge for the continuing benefit of the American people. In summary, the purpose and associated positive effects of this project are: restored pocosin hydrology, improved water quality, reduced risk of wildfire, carbon sequestration and enhanced wildlife habitat B. 3e. Overall Description The proposed project area is approximately 1,325 acres of historically drained pocosin wetland, on the property of the 110,000 acre Pocosin Lakes National Wildlife Refuge. It is comprised of four sections called "blocks" within two Hydrology Management Units, and is situated south of Coulbourn Road, north of Fred Gall Road, east of Clayton Road and west of DeHoog Road (See attached map #1) This project consists of building approximately three miles of berm by excavating a canal and using the borrow material for the berm The berm has been designed to be the smallest size possible and still fulfill the purpose of the project. To manage water levels, the project calls for installing flashboard riser water control structures (WCS) in three locations within the new canal. The new berm construction will be within Hydrology Management Units C -14 and C -15, moving from north to south. It will include two miles along the western boundary of the project area, parallel to Clayton Road, and one mile along the southern boundary of the project area, parallel to Fred Gall Road. All spoil placement and associated berm work will be conducted on uplands and will be outside of jurisdictional wetland areas to avoid wetland impacts. Upon conducting a preliminary delineation, there was only one area that was jurisdictionally determined to have met wetland criteria. This area will be specifically avoided by having construction performed outside of a 35 foot wide, half mile long area on the western side of Block C14. (See map # 3 and figures # 1 and 2) For this new three mile berm and canal system, the total footprint would be approximately 25 acres. When the berm is constructed it will measure 5' high by 12' wide at the top and 36' wide at the bottom. After settling, the height of the berm will decrease to approximately 3.5 to 4 feet, the top and bottom widths (12 ft and 36 ft.) will remain the same. Calculations and drawings use the 4 foot height to be conservative. At the 4 foot height, the slope is 3 to 1. These are typical dimensions for low- elevation berms in this area. (See attached figure # 2) The three WCSs will each be single 72" diameter culvert flashboard risers They will all be placed within the two mile canal on the western side of the project area. One of the WCSs will allow for water flow into the two management units and the other two will control water flow out of each of the management units. Two WCS will be installed in Unit C -14: one in the NW corner and one in the SW corner. The other WCS will be in unit C -15 at the SW corner. (See attached figure # 1, 3, and 4) For the WCS placed at the NW corner of C -14, the impact will be approximately 8 linear feet. The total length of the structure is 44 feet. This structure will be placed in an existing berm with a bottom width of approximately 36 feet. The front of the structure will be flush with the north edge of the berm. The proposed impact is 8 feet of outflow culvert extending into the canal. (See attached figures #4 and 5) For the WCS placed at the SW corner of C -14, the impact will be approximately 8 linear feet The total length of the structure is 44 feet. This structure will be placed in an existing berm with a bottom width of approximately 36 feet The front edge of the structure will be flush with the north edge of the berm. The proposed impact is 8 feet of outflow culvert extending into the canal. (See attached figures #4 and 5) For the WCS placed at the SW corner of C -15, the impact will be approximately 8 linear feet. The total length of the structure is 44 feet This structure will be placed in a new berm with a bottom width of approximately 36 feet, which will be constructed on existing uplands.The front edge of the structure will be flush with the north edge of the berm. The proposed impact is 8 feet of outflow culvert extending into the canal. (See attached figures # 4 and 5) The bank around the front of each of the three WCS will be stabilized with an aluminum bulkhead and well - packed onsite soil and plantings. The aluminum bulkhead will extend for 6 feet on either side of the 8 foot wide WCS. The outflow side of the bank will be stabilized with riprap, well - packed onsite soil, and plantings. The riprap will extend for approximately the same width of the aluminum bulkhead on the front of the WCS, which would be approximately 7 feet on either side of the 6 foot wide culvert. The riprap will be placed above and below the high water mark, but will not extend more than 5 linear feet into the canal. (See attached figures #3, 4, and 5) Construction will require the use of a long reach excavator and a bulldozer and will proceed as follows: 1) Dredge a canal parallel to the proposed berm location, placing the fill borrow material in the designated upland area for the new berm as it is dredged. Silt fences, placed at the existing C -15 WCS, will be used to prevent any release of sediment from the project area. Equipment to be used: Excavator. 2) Build berms, using dredged material. The berm will be constructed during dry conditions. It will consist of only the dredged fill borrow material and will not be capped. Equipment to be used: An excavator to place the borrow material from the new canal and a bulldozer to shape the material once it has dried. 3) Install the WCS's and associated culverts. Installation will be done in -house with refuge staff and equipment. 4) Erosion and sediment control — To prevent erosion and provide stabilization, seeding will be done using a combination of creeping red fescue and some of the following species: red clover, German foxtail, browntop millet, annual ryegrass, oats, wheat and /or rye. Creeping red fescue is fairly tolerant of deer browse and provides non - invasive perennial grass cover. Of the grains listed, species selection will depend on time of year that the construction is undertaken to allow for quick green -up cover. These species were chosen based on their relative low cost, availability, adaptability, ease of handling, non - invasive natures, and effectiveness. The area will be prepped with 2000 pounds per acre of ground lime, and fertilized with 400 pounds per acre of 10- 10 -10. Following the seeding, the area will be mulched at a rate of approximately 3000 pounds per acre. 5) After project is completed, Refuge Staff members will monitor recent work to ensure the seeding and stabilization is occurring as planned. Additionally, after heavy rain events the site will be reviewed and any sedimentation issues will be addressed and brought back to permit specs to ensure consistency. B. 5b. The proposed project is in an area of the refuge called Watershed One where prior work for hydrology restoration was permitted. The prior work in the Clayton Blocks area involved installing water control structures in the existing canal adjacent to private landowners The current proposed action is separate from this prior work, none of the older structures are being used in this plan. The proposed action will allow the refuge to restore approximately 1,300 acres without impacting adjacent landowners, something that was not possible with the prior work. After this project is completed, no further work is planned in the 1,300 acre project area. See attached two permits previously issued for Watershed One• • Individual Permit # SAW- 1995- 03799, Issued 11/03/1995 — 12/31/1998. • General Permit # SAW - 200801166 (NW27), Issued 4/2/2008 —04/02/2010. C. Proposed Impacts Inventory C. 3i For each water control structure (WCS) installed, there is an estimated 8 linear feet of impact. For the WCS placed at the NW corner of C -14, the impact will be approximately 8 linear feet. The total length of the structure is 44 feet. This structure will be placed in an existing berm with a bottom width of approximately 36 feet. The front of the structure will be flush with the north edge of the berm. The proposed impact is 8 feet of outflow culvert extending into the canal. (See attached figures # 1, 4, and 5) For the WCS placed at the SW corner of C -14, the impact will be approximately 8 linear feet. The total length of the structure is 44 feet. This structure will be placed in an existing berm with a bottom width of approximately 36 feet. The front edge of the structure will be flush with the north edge of the berm. The proposed impact is 8 feet of outflow culvert extending into the canal. (See attached figures # 1, 4, and 5) For the WCS placed at the SW corner of C -15, the impact will be approximately 8 linear feet. The total length of the structure is 44 feet. This structure will be placed in a new berm with a bottom width of approximately 36 feet, which will be constructed on existing uplands. The front edge of the structure will be flush with the north edge of the berm. The proposed impact is 8 feet of outflow culvert extending into the canal. (See attached figures # 1, 4, and 5) For the riprap associated with each WCS, the impact will be no more than 5 linear feet. The outflow side of the bank will be stabilized with riprap, well - packed onsite soil, and plantings. The riprap will extend for approximately the same width of the aluminum bulkhead on the front of the WCS, which would be approximately 20 feet. The riprap will be placed above and below the high water mark, but will not extend more than 5 linear feet into the canal. (See attached figures # 4 and 5) Columbia Hwy 64 Pocosin Lakes NWR Pungo Lake rn 3 2 HiyY 45 Pantego Hwy 264 Creswell Q Id cn Newland F , \ 0 m o � Lake Phelps r , r ' r r r a, 0 o� .c, o, New Lake r r Miles 0 1.5 3 6 9 12 Map 1 N Legend r Water Bodies Refuge Lands Paved Roads - - Gravel Roads M Q cu 2 I . 1 C) _ -- _ N N W V/ T 0 O O O O Eo C CD C O (D •� I ++ v +- C C C a W W W c� z (D i 4 a C LO U N N � r ti 0 U-) O N O M G1 - L a 'o L r a � I . 1 C) _ -- _ N N W V/ T 0 O O O O Eo C CD C O (D •� I ++ v +- C C C a W W W c� z (D i 4 a C LO U N N � r ti 0 U-) O N O M Top View of Existing and Proposed Figure 1 Figure 2 Cross Sectional View of Existing and Proposed Berms and Canals C -14 block Approximate 3:1 slope New Berm Existing Berm 12' 3S' � 4, 30' Ground Level ------ ------ - - - - -- Existing Canal/ < 36' New Canal Approximate New Berm Existing Berm 3:1 slope 12' 20 4' 30' Existing Canal 36' New Canal / Rest of construction Ground Level Figure 3 Frontal View of Water Control Structure Flashboard riser Top of berm aluminum bulkhead with earthen fill behind Boards in riser 6' diameter culvert .J. J�.J•..l. n r.� •r••r•.ti,f.ti ,f. 6' 8' 6' 11' Water in canal Cross Section of Water Control Structure Not to Scale 4.5' H Top of berm 6' Figure 4 Earthen fill Riprap 40' Flow Boards Aluminum corrugated culvert Cross - sectional view 6' Figure 4 Figure 5 Top View of Water Control Structure in Berm Not to scale 31 Supporting Information for South Clayton Blocks Hydrology Restoration Pilot Project PCN 1. Topographic Maps 2. National Wetland Inventory Maps and USDA Soil Maps of Project Area 3. Prior Permits 4. NEPA documentation - Categorical Exclusion 5. Section 7 6. Cultural Resources finding of no impact 7. FEMA floodplain determination ELM U.S. DEPARTMENT OF THE INTERIOR U. fl GEOIAGICAL SURVEY O US Topo NEW LAKE NW QUADRANGLE NOR" I m X.a naa�.a b. =unto Rm cweyol w..., SCALE 1:24 000 — ....w n. ..• ^ NEW LAKE NW, NC 201) Close -up of Prior Map I 36 °37'30' - '65 '66 - 12 750000 FEET 367 76 °30 Produced by the United States Geological Survey North Amerton Datum d 19B31NAD831 v ,ld raadetk System of 1sU J /G%41. Pro3ectlan and 1 000 colter gnd: Uniservl Transverse Mercator, Z.- 1M 1000D foot ticks: North Carolina Coardndte System of 1983 if�WT 1 yn ........................ .......................NNP..Mie 2011 agery.. RRQI TWdf MT1QNl —tR M nnN Roads .................... ..........................020D6 2012 T—T- Na— s— ............................. .......................... GNIS, 2013 u.5. NMbna One ItydroVaphy ....................National Hydropaphy Datnet, 2012 �m.wo. soi,.m io Contours.... ........................National Elevation Data , 2008 Bourd.n L ...................Call IBNC, IBC, USGS. 1972 201I u[ 27'30' SCALE 1:24 000 O.s 0 DLOMETEPS 1 2 IDm 500 0 MEttltS t000 i900 05 0 MafS 1000 0 low 2000 ?000 +000 5000 6000 1100 8600 w 'OWO N17 CONTOUR MTEBVAL 5 FEET NORTH AMERIUN VERTICAL DATUM OF 1988 This map was produced to conform with the NatbnM Geaspe0aI Pro ,ram U5 Topo Product Standard, 2011. A meadea We ._toted Mtl1 this poduct Is drag version 0.6. 11 O D N N '�o y N c N m r (0 Q7 Q 71 N Is LL () is r !t v 0 .L r 19 N a Q O ? m co °c no 8 E ,o' x`03 3`+ no£ iao =e� fox sk. .y E�6 .W LL u W c w Z � N� r y � � C C1 v N d 3 Hydric Rating by Map Unit —Hyde County, North Carolina (Clayton Road project) 353210 364000 364800 365600 35° 40' 12'N �S l \ C1�Si�i \ 1 lrlirid y�- Ki »41t i N'I i.-A 1 � 35" )G' 79' N �i 362400 3632DO 364000 364800 365600 3 Map Scale: 1:31,900 K punted on A portart (8.5'x 11 ") §wet. Meters N 0 450 900 1800 2700 k FeCt 0 1500 3000 6000 9000 Map pro)e<tion: Web Mercator Corner mordh3tes: WGS84 Edge =: UTM Zone 18N WGS84 Natural Resources Web Soil Survey i Conservation Service National Cooperative Soil Survey 's 367200 ,3y4gQ(, iii 35° 4C lY N Myy g A y� Ki y� Xi 35" 36'!7 N 367200 3 r ae 7/29/2014 Pagel of 5 so 0 U L t O Z T C y�O N+ U o m n a a T � 2 O C � O G i0 " J O u 2 a� O 00 N p O ° N 2 O N O m N O C- � c 10 a o c Q a! r N 4 r- m d N y p O) C N I 3 C 7 0 C io Z .o a y C d o c �E E of Z C y a U tC o. A T N O O N O y C ao 7+ Sv d m N C m y f1J U C O E W L N L 67 a Cpp OL d 7 67 Z t0O U N w L N Q3 ? a �w d 9 Or O r� t L 3 °c O Q E U 'm a N Q /y LL U yy ` a r0 0 y 0 0 N w =1 % O >' O O• � 5 O O T N 7 U 3 :zz - U L-. O !0 T y N C 0 C W Q N a y y O N n O a ) E O =O C N L N .O E-0 Z 07 2 L a 7 N� 'p '� o` d U o % 61 m a a' M a E N fp g !2 Z p Q O L 'CO N v N 3 a E d L N Q O U M N m N T > C L � a ZEE 2 m. .. m rn ° m r T d > m O/ y y R o N N CO C i> > U Y L A p M E L c a o o c° 2¢ A v y o m oc_ -0 o y d o f a N a Mc L o t°—'2a .Q N N N N M c p N U ` 7 n.� m y N H (%J - Z E - O m r O l9 v E m E a E gag� in 5 U a E v VJ <°n `o O c°� T d Z V1 � O � c O � � c r d O_ O ° C T N � N y O i O m T `o m = v y m .. o a B z E= O !0 E e O L a E .�'. N m o m R N O g z g h CW z? U7 N _ d Q m c c I u LU J ID m 10 `° d v` r > o 7r� O 00 td O O p N T � m 0 ( m C O O J N O a O Q o= am oa a0z z g a z z a 0 " o a ❑ ❑ ■ ❑ 1 : t 1 �z M N 0 �N 03 C O Q N d) A � d 7 N C f0 O 2 U Hydric Rating by Map Unit —Hydo County. North Carolina Hydric Rating by Map Unit Clayton Road project Hydric Rating by Map Unit— Summary by Map Unit — Hyde County, North Carolina (NC095) Map unit symbol Map unit name Rating Acres in AOI Percent of AOI BmA ! Belhaven muck. 0 to 2 190 746.4 19.9% it percent slopes. rarely flooded PnA Ponzer muck. 0 to 2 90 1,002.2 26.7% percent slopes, rarely flooded PuA Pungo muck, 0 to 2 90 676.8 18.1% percent slopes, rarely flooded ScA Scuppernong muck, 0 to 90 1,321.9 36.3% 2 percent slopes, rarely flooded 1 Totals for Area of Interest 3,747.2 ,1 10"% ',[)\ Natural Resources Web Soil Survey 7/29/2014 '"aa Conservation Service National Cooperative Soil Survey Page 3 of 5 Hydric Rating by Map Unit —Hyde County, North Carolina Description This rating indicates the percentage of map units that meets the criteria for hydric soils Map units are composed of one or more map unit components or soil types, each of which is rated as hydric sod or not hydric Map units that are made up dominantly of hydric soils may have small areas of minor nonhydric components in the higher positions on the landform, and map units that are made up dominantly of nonhydric sods may have small areas of minor hydric components in the lower positions on the landform Each map unit is rated based on its respective components and the percentage of each component within the map unit The thematic map is color coded based on the composition of hydric components The five color classes are separated as 100 percent hydric components, 66 to 99 percent hydric components 33 to 65 percent hydric components, 1 to 32 percent hydric components, and less than one percent hydric components In Web Soil Survey, the Summary by Map Unit table that is displayed below the map pane contains a column named'Rating' In this column the percentage of each map unit that is classified as hydric is displayed Hydric soils are defined by the National Technical Committee for Hydric Soils ( NTCHS) as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994) Under natural conditions, these sods are either saturated or inundated long enough during the growing season to support the growth and reproduction of hydrophytic vegetation The NTCHS definition identifies general soil properties that are associated with wetness In order to determine whether a specific soil is a hydric soil or nonhydric soil, however, more specific information, such as information about the depth and duration of the water table, is needed Thus, criteria that identify those estimated soil properties unique to hydric soils have been established (Federal Register, 2002) These criteria are used to identify map unit components that normally are associated with wetlands The criteria used are selected estimated soil properties that are described in "Soil Taxonomy" (Soil Survey Staff 1999) and "Keys to Soil Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual" (Soil Survey Division Staff, 1993) If soils are wet enough for a long enough period of time to be considered hydric, they should exhibit certain properties that can be easily observed in the field These visible properties are indicators of hydric soils The indicators used to make onsite determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the United States" (Hurt and Vasilas, 2006) References Federal Register July 13, 1994 Changes in hydric soils of the United States Federal Register September 18, 2002 Hydric soils of the United States Hurt, G W , and L M Vasilas, editors Version 6 0, 2006 Field indicators of hydric soils in the United States Clayton Road project USDA Natural Resources Web Soil Survey 7/29/2014 Conservation Service National Cooperative Soil Survey Page 4 of 5 Hydric Rating by Map Unit —Hyde County, North Carolina Soil Survey Division Staff 1993 Soil survey manual Sod Conservation Service U S Department of Agriculture Handbook 18 Soil Survey Staff 1999 Sod taxonomy A basic system of soil classification for making and Interpreting soil surveys 2nd edition Natural Resources Conservation Service U S Department of Agriculture Handbook 436 Soil Survey Staff 2006 Keys to soil taxonomy 10th edition U S Department of Agriculture, Natural Resources Conservation Service Aggregation Method Percent Presem Component Percent Cutoff None Specified Tie -break Rule Lower Clayton Road project USI _V\ Natural Resources Web Soil Survey 7/2912014 Conservation Service National Cooperative Soil Survey Page 5 of 5 a - 4— f is DEPARTMENT OF THE ARMY PERMIT ' The United States Departmont of the Interior Permittae Fish and Wildlife Service Permit No Issuing Office 199503799 CESAW -CO -RW NOTE, The term "you" and its derivatives, as used in this permit, means the porrnittee or any future transferee The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer You are authorized to perform work in accordance with the terms and conditions specified below Project Description To install thirteen f 13) paired flashboard risers and three (3) ditch plugs at various locations for the restoration of wetland hydrology to appromimtely 17,280 acre wetland restoration site. Project Location Site located south of Phelps Lake and North of Fred Gall Road, east of Pungo Lake and West of Evans Road, on Pocosin Lakes National Wildlife Rofuge property, near Creswell, Hyde and Washington County, North Carolina. Permit Conditions. General Condition!;- 1 The time limit for completing the work authorized ends on 171pi a 'hwr 31 J. 19,C)R If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached 2 You must maintain the activity authorized by this permit in good condition and In conformance with the terms and condi. Lions of this permit. You are not relieved of this requirement it you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area 3 If you discover any previously unknown historic or archeological remains while nceornplishing the activity authorized by this permit, you must immediately notify this office of what you have found We will initiate the Federal and state coordina- ion required to determine if the remains warrant a recovery effort or it the site Is eligible for listing In the National Register of Historic Places ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 fApporida A)) e, Damage ctnims associated i& ith any future modification, suspcniaon, or tcvocLation of this permit 4 Reliance on Applicant's Data The determinntion of this office that issuance of this permit is not cortaary to the public Interest was made in reliance on the information you provided 5 Ree%aluatior. of Permit Decision This office may reevaluate its decision on this permit at any time the circumstances warrant Circumstances that could require a reevaluation include, but are not limited to, the following a You fail to comply with the terms and conditions of this permit, b The information provided by you in support of your permit application proses to have been false, mcomplete, or inaccurate (See 4 above c, Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 83 CFR 325,7 or enforcement procedures such as those contained in 38 CFR 326.4 and $26 S. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terma and conditions of yout permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fall to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209,170) accomplish the corrective measures by contract or otherwise and bill you for the cost, 6 Extensions General condition 1 establishes a time limit for the completion of the activity authorized by this permit Unless there are circumstances requiring either a prom pc completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit Your signature belol,(A perm►ttee, indicates that you accept and agree to comply with the terms and conditions of this permit THE UNITED S ES DEPARTMENT OF THE INTERIOR (DATE) FISH AND WILIXIFE SERVICE This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below, {DISTRICT ENGINES ROBERT J SPERBERG, COLONEL, EN (DATE) I When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be boiding on the new owner(m) of the property To val►datc the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below (TRANSFEREE) (DATE) *US GOVEFiNIAENi PRINTI1,13 OFF M 1080 — 717 425 U.S. ARMY CORPS OF ENG(Nj�,ERS WILNONG'I ON DISTRIC f ton ID 200801166 County T3orrell USGS Quad- New Lnke 1W GENERAL PERMIT (REGIONAL ANI) NATIONWIDE) VERIFICATION PIopetty (?wirer /A uthot ized Aoent USFWS Pocosin Lanes NWR Addiess: 295 South Ludington Drily 00umbia, North Carohna 27925 Telephone No. Z52- 796 -3004 Size and location of property (water body, road namefnumbcr town, etc,): Approx 17,280 rte Parcel alca Watershed I located south of Lalce Phelps, north of flied Call Road east of Pungo Lake and west of Evans Road. in Pocosin L flies National Wildlife Refuge Property near Creswell, Hyde and Washington Counties North Carolina Descripttoti of prolects ai ea and activity Approx. 17,280 acres of agi icultural fields known as M- aterched 1 Installation of 5 watet control structureslflashboard riser system~ designed to retain stormwater and surface runoff to complete a hydrology restoration praieet This proiect ivas originally permtttett under now expired lntl Mid ual Permit #SAW -1995- 03799. Applicable Law; ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivets and hldrbors Act, 33 USC 403) Auithoiication Regional GenetaI Permil Niwmbei Nationwide Permit Number: 1YW27 Your work is authorized by the above referent,ed permit provided it is accomplished in strict accordance with the attached dittons and your subinitted plans ,Any violation of the attached conditions or deviation fi om your Submitted plans may subject the pet trattee to a stop woi k orclei, a restoration order andr'oi appropr rate legal action. This vetification will remain valid until flit expiration date identified below unless the nationwide authorization is moaffled, suspended of revolted. It, prior to the expratron date Identified below, the nationwide permit authorization is rri,;sued and�'or modified, this vertlication will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nation%rrde pernut, If the nationwide permit authorization expires oI IS suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the natlomvtclo permit, activities which have commenced (r e , are under construction) or ate under contract to commence in reliance upon the nationwide permit, will reinam authaiized provided the activity is completed within twelve inonths of the date of the nationwide permit's expiration, modification of revocation. unless discretionary author ity has been ererctsed on a case -by -case basis to modify, suspend or revoke the author Izanon Activities Subject to Section 404 (as indicated above) may also iequue an Individual Section 401 Water Quality Certification You Should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements. For activities occuu ing within the twenty coastal counties subject to regulation undei the Coastal Area Management Act (CAMA), prio, to beginning wotk you must contact the N C. Division of Coastal Management in Washington, NC, at (252) 946 -6481 1 his Department of the Ai my vet ideation does not relieve the permittee of the I espoasibilrty to obtain any other requited Fedeial. State of local approvalsrpennits if there are any questions re-aiding this verification any of the conditions of the Permit, of the Coips of Engineers regulatory pio; rain, please contact Tom Steffens at 252- 975 -1016 evi 25 Cot ps Regulatory Official I r4 7r J � L-jj1 Date• 04102/2008 Expiration Date of V'ci itictrtion./ 04/02/2010 'I he Wilmington District is committed to providing the highest ICVeI of aupporK to the public: I'o help us ensure we continue to do so, i%e complete the Custontel Satisfaction Survey IOC Itcd tit our stebsite at http /!i ceulatai v usacesurygy.comi to complete the survey me Pagc 1 o1`2 Determination of Jurisdiction: ❑ Based on preinninary infonnauon, there appeai to be waters of the US including wetlands within the above descr,bed project area, This piielunniary deteu•iination is not an appealable actren under the Regulatory Ptotitain Adnitmslialive Appeal Process ( Reierence 33 CFR Pant 33 1) ❑ 'there are Navigable Watei s of the United States within the above described project area Snbteet to the permit requuemcnts of Section 10 of the Rivers and Hai born Act and Section 404 of the Clean Water Act Unless there is a change in the law of our published regulations, this determination may be jelled upon for a period not to exceed five years from the date of this notification. ® cat e waters of the US .and/or %vetlands within the above desci ibcd project at ea subject to the pet snit requnetnents of SeC11011 404 of the Clean Water Act (CWA)(33 USC; § 1344) Unless there is i c,hange in the law ai out published iegulations, this determination may be i elied upon foi a per rod not to exceed five years fi oin the ;late of this notification. ❑ The jui isdictional areas mvrthin the above described project area have been identified under a previous action. Please reference jui isdictional determination issued 07/03.2003, Action II) 200310728 Basis of Jurisdictional Determination This site exhibits wetland criteria as described to the 198? Corns Wetland Dehneation Manual and is part of it veto broad continuum of tivetlaods abutting Lake Phelps and iriteicounected h� named four drainage canals drainine south to the Puueo R<<er, a TNW. Appeals Information (This information applies Only to appioved jurisdictional determinattons.) rirtached to 11his veiificattion is an approved jut hdictional deter muiation if you air not to agieement with that approved jurisdictional determination, Sou can make an administrative apperil unclui 33 CFR 331 Enclosed you will find a Notiftcaaton of Appeal Process (NAP) fact sheet and tequest foi appeal (RHA) forni If you iequcst to appeal this dcminination you must submit a coinpleted RFA form to the lollowing address District Filgineet, Wilmington Reggulatory Division Attn.Toin Steffens, Piolect 1A.inagei, Washington Regulatoiy Field Office Post Office Box 1000 Washington, Noi th Cniolnia 27889 In order foi an RFA to be accepted by the Coils, the Corps niust detei comic that it is cc >inplctc, that it meets the ci itei m for appeal undet 33 CFR part 331 5_ and that it hits been teccived by the Distiact Office within 60 days of the date of the NAP Should you decide to submit an RFA forin, it must be reLeivcd at the above address by 06102/20118 **It i5 not necessary to submit an FA foam to the District Office if you do not object to the determination in this col respondence Corps Regulatory Official /1j� ! 77C-`FcG�� Date 04102f2OQ Expnation Date 4/02/2010 SURVEY PLATS, FIELD SKE'l CH, WETLAND DL1,1NEATiON' I.ORMS, PROJECT PLANS, E1'C , MUST BE A17AC141,A) TO T1-lE rlLC- COPY OF THIS FORM, IF REQUIRED OR AVAILABLE Copy Furnished, 'ULNRCential Office 401!Buffeis Unit Page 2 of 2 UNITED STATES FISH AND WILDLIFE SERVICE :�►u._ WM41181MI4 1wrimal Within the spirit and intent of the Council on Environmental Quality's regulations for implementing the National Environmental Policy Act (NEPA), and other statutes, orders, and policies that protect fish and wildlife resources, I have established the following administrative record and determined that the action of building berms and adding water control structures to control water levels _ xx,_ is a categorical exclusion as provided by 516 DM 8.5 Section B.(3) No further NEPA documentation will therefore be made. is found not to have significant environmental effects as determined by the attached environmental assessment and finding of no significant impact. is found to have significant effects and, therefore, fin-ther consideration of this action will require a notice of intent to be published in the Federal Register announcing the decision to prepare an EIS. is not approved because of unacceptable environmental damage, or violation of Fish and Wildlife Service mandates, policy, regulations, or procedures. is an emergency action within the context of 40 CFR 1506.1 1. Only those actions necessary to control the immediate impacts of the emergency will be taken. Other related actions remain subject to NEPA review. Attached narrative Ar%r%rnva1: -- VV 1� (I) Originator Date (2) Project Leade Date Proposed Action One of the primary objectives of Pocosin Lakes National Wildlife Refuge (Refuge) is to protect and restore pocosm wetlands This proposed action would restore, to the greatest extent possible, the natural sheet flow hydrology on these wetlands Pocosms, also known as southeast shrub bogs and "swamp on a hill," are normally slightly higher in elevation than surrounding lands They have high organic content soil, called peat, which holds water like a sponge Due to the higher elevations, the water source is primarily rainfall and the natural flow of water across these peat soils is called sheet flow In natural conditions, the peat soils are normally saturated with water and in an anaerobic condition These wetlands serve as ecological filters by binding mercury and other impurities to the peat Currently, the peat soils in the project area are in an unnaturally dry state due to the extensive ditching that occurred prior to refuge establishment, and the adjacent landowner concerns about hydrological impacts on private lands Under these aerobic conditions, the peat soil oxidizes and erodes The oxidation reaction releases mercury, carbon, and nitrogen, which leach into the canals The drier peat is also highly combustible, which contributes to the potential for catastrophic wildfires Historically, catastrophic wildfires have resulted in severe ground fires causing drops in elevation of up to three feet Due to the potentially high fire danger and other refuge objectives, maintaining adequate road accessibility is a priority Under current conditions (i e without the described restoration activities), water cannot be managed to mimic natural hydrology The proposed action would allow the refuge to control water levels and restore wetland This would improve water quality, enhance wildlife habitat, reduce the chance of wildfire and improve drainage conditions on adjacent downstream farms The proposed action would achieve these goals while maintaining adequate road accessibility and avoiding impacts on adjacent landowners This project consists of building three miles of berm using material from an adjacent newly excavated canal This berm and associated canal would allow the refuge to manage water levels in the project area without affecting privately held lands Water levels would be controlled by installing flashboard riser water control structures in three locations within the new canal Silt fences, placed at an existing water control structure, will be used to prevent release of sediment from the project area Categorical Exclusion The proposed work is a categorical exclusion as described in 516 DM 8 5 B (3) and does not trigger an exception 516 DM 8 5 B (3) The construction of new, or the addition of, small structures or improvements, including structures and improvements for the restoration of wetland, riparian, mstream, or native habitats, which result in no or only minor changes in the use of the affected local area The following are examples of activities that may be included (a) The installation of fences (b) The construction of small water control structures (c) The planting of seeds or seedlings and other minor revegetation actions (d) The construction of small berms or dikes (e) The development of limited access for routine maintenance and management purposes The size of the proposed berms and water control structures are similar to those used throughout road and drainage systems in peatland areas of Eastern North Carolina The only change in the affected local area will be an enhancement of the wetlands and water quality There will be no change in the use of the local area, which will remain wildlife and wetland conservation and management, and wildlife dependent recreational uses compatible with the purposes for which the refuge was established Permits /Approvals I Clean Water Act Section 404 permits are required Nationwide Permit No 27 covers the described work and will be obtained 2 General Water Quality Certification 3689 from the NC Division of Water Quality is required for Nationwide Permit No 27 activities and will be obtained 3 An Intraservice Section 7 (ESA) consultation will be obtained 4 A Federal Consistency Determination will be submitted to the NC Division of Coastal Management for review 5 Section 106 (NHPA) compliance The Regional Archeologist coordinated with the State Historic Preservation Officer and the Tuscarora Tribe and has made a determination of no impact Public Involvement /Interagency Coordination No specific public involvements are required by law when categorically excluding an action from further NEPA analysis and documentation State and federal agencies are involved throughout permitting process Supporting Documents Hmsesly, L Eric 1999 Pocosm Lakes National Wildlife Refuge Forest Habitat Management Plan North Carolina State University, Raleigh, NC 79p USDA- Soil Conservation Service (now Natural Resources Conservation Service) 1994 Pocosm Lakes National Wildlife Refuge Hydraulic and Hydrologic Study and Water Management Plan Plymouth, North Carolina 189 p United States Department of the Interior FISH AND WILDLIFE SERVICE Office of the Regional Archaeologist Savannah Coastal Refuges 694 Beech Hill Lane Hardeevdle, South Carolina 29927 (843) 784 -6310 CELL (912) 257 -5434 FAX (843) 784 -2465 email: richard_kanaski @fws gov November 6, 2014 Ms Renee Gledhill- Earley, Environmental Review Coordinator State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699 -4617 Dear Ms. Gledhill- Earley FISH & I DLIFE SERVICE oI TKO Re South Clayton Blocks Hydrology Restoration Pilot Project, Pocosm Lakes National Fish Hatchery, Hyde County, North Carolina The U S Fish and Wildlife Service proposes to restore the hydrology of a degraded pocosin wetland located on the southern end of Pocosm Lakes National Wildlife Refuge in Hyde County, North Carolina (Fig 1) This undertaking is a modification of an earlier restoration project reviewed your office in 2008 The assigned project number is ER -08 -0964 Based upon the project location, the past landscape modification associated with the ditching of the peaty pocosms, and past archaeological investigations, the 2008 undertaking would have "no effect" upon any historic properties The current undertaking involves the following tasks • Dredging of a canal parallel to the proposed berm The dredged material will be used to create the berm. • Construction of the berm, which will be approximately 3 miles in length, 5 feet high, and 20 feet wide at its base • Install three water control structures and associated culverts that will control water flow on and off the diked pocosm • To prevent erosion and provide slope stabilization, a combination of creeping red fescue, red clover, German foxtail, browntop millet, annual ryegrass, oats, wheat, and rye will be planted on the slopes and summit of the newly berm (Figs 3 & 4) The proposed work occur immediately adjacent to the footprint of the 2008 project The potential for archaeological sites is low to nil primarily due to the presence of deep organic peats, the past and current hydrological regimes, and the extent of ground disturbance associated with past peat mining and drainage operations Most, if not all of the proposed work, will occur in the ditched pocosm The berm, while allowing for the Refuge to manage hydrological flows, will maintain the current road access and avoid impacts to the adjacent privately owned lands The hydrological restoration pilot project will have "no effects" upon any of the Refuge's historic properties or the adjacent Phelps Lake Archaeological District Garrow and Watson conducted an archaeological survey of the Refuge in 1978 [NC BIB #227] They noted that much of this portion of the state had been by past commercial peat mining and drainage project The Phelps Lake Archaeological District is located dust north of the Refuge, but is outside the project's "area of potential effect " Garrow and Watson (1978 vu) stated that "no additional investigation be undertaken for the majority of the remaining Refuge property As with the 2008 project, I do not recommend further archaeological investigations of this part of Pocosm Lakes National Wildlife Refuge. To facilitate your review and comment, maps showing the location of proposed pilot restoration work are enclosed. The FWS appreciate your office's timely review and comment Should you require additional information, please do not hesitate to contact me at (843) 784 -6310 or at richard_kanaski @fws gov Sincerely, Richard S Kanaski Regional Historic Preservation Officer & Regional Archaeologist Southeast Region cc- Railey, Pocosm Lakes National Wildlife Refuge Reference Cited Garrow, Patrick H., and G Michael Watson 1978 A Cultural Resource Investigation of the Pungo National Wildlife Refuge, Hyde and Washington Counties, North Carolina Project No. ES -962. Soil Systems, Inc., Marietta, Georgia. United States Department of the Interior FISH AND WILDLIFE SERVICE Office of the Regional Archaeologist Savannah Coastal Refuges 694 Beech Hill Lane Hardeevllle, South Carolina 29927 (843) 784 -6310 CELL (912) 257 -5434 FAX (843) 784 -2465 email: richard_kanaski @fws gov Mr Richard Hill, Historic Preservation Officer Tuscarora Nation of New York 2235 Mount Hope Road Sanborn, New York 14123 Dear Mr Hill November 6, 2014 FISH WIILDUFE SERVICE Re South Clayton Blocks Hydrology Restoration Pilot Project, Pocosin Lakes National Fish Hatchery, Hyde County, North Carolina The U.S Fish and Wildlife Service proposes to restore the hydrology of a degraded pocosin wetland located on the southern end of Pocosm Lakes National Wildlife Refuge in Hyde County, North Carolina (Fig 1) This undertaking is a modification of an earlier restoration project submitted to the Tuscarora Nation for review in 2008 (Fig. 2) Based upon the project location, the past landscape modification associated with the ditching of the peaty pocosms, and past archaeological investigations, the 2008 undertaking would have "no effect" upon any historic properties The current undertaking involves the following tasks. • Dredging of a canal parallel to the proposed berm The dredged material will be used to create the berm • Construction of the berm, which will be approximately 3 miles in length, 5 feet high, and 20 feet wide at its base. • Install three water control structures and associated culverts that will control water flow on and off the diked pocosin • To prevent erosion and provide slope stabilization, a combination of creeping red fescue, red clover, German foxtail, browntop millet, annual ryegrass, oats, wheat, and rye will be planted on the slopes and summit of the newly berm (Figs 3 & 4). The proposed work occur immediately adjacent to the footprint of the 2008 project The potential for archaeological sites is low to nil primarily due to the presence of deep organic peats, the past and current hydrological regimes, and the extent of ground disturbance associated with past peat mining and drainage operations. Most, if not all of the proposed work, will occur in the ditched pocosin The berm, while allowing for the Refuge to manage hydrological flows, will maintain the current road access and avoid impacts to the adjacent privately owned lands The hydrological restoration pilot project will have "no effects" upon any of the Refuge's historic properties or the adjacent Phelps Lake Archaeological District Garrow and Watson conducted an archaeological survey of the Refuge in 1978 [NC BIB #227] They noted that much of this portion of the state had been by past commercial peat mining and drainage project The Phelps Lake Archaeological District is located just north of the Refuge, but is outside the project's "area of potential effect " Garrow and Watson (1978. vii) stated that "no additional investigation be undertaken for the majority of the remaining Refuge property. As with the 2008 project, I do not recommend further archaeological investigations of this part of Pocosm Lakes National Wildlife Refuge. Pursuant to Section 101(d)(6)(B) of the National Historic Preservation Act and to Section 800.2(3) of 36 CFR 800, the FWS is seeking to consult with the Tuscarora Nation regarding potential impacts to significant archaeological sites and other historic properties of religious and cultural significance To facilitate the Nation's review and comment, maps showing the location of the proposed pilot restoration project are enclosed. The FWS appreciate the Tuscarora Nation's timely review and input Should you require additional information, please do not hesitate to contact me at (843) 784 -6310 or at richard—kanaski@fws.gov Sincerely, Richard S. Kanaski Regional Historic Preservation Officer & Regional Archaeologist Southeast Region cc. Railey, Pocosin Lakes National Wildlife Refuge Reference Cited Garrow, Patrick H , and G Michael Watson 1978 A Cultural Resource Investigation of the Pungo National Wildlife Refuge, Hyde and Washington Counties, North Carolina Project No ES -962 Soil Systems, Inc, Marietta, Georgia pit E ti, United States Department of the Interior vg 1' a FISH AND WILDLIFE SERVICE Raleigh Field Office e Post Office Box 33726 gRCH S $A Raleigh, North Carolina 27636 -3726 March 27, 2015 Memorandum To Howard Phillips, Refuge Managci, Pocosin Lakes National Wildlife Refuge, North Carolina A 0 1 Fiom Pete Benjamin, Field Supervisor, Ecological Services Office, Raleigh, N Subject Intia- Service Section 7 Biological Evaluation for Pocosm Lakes NWR South Clayton Block Hydrology Restoration This follows review of your March 25, 2015, memorandum and Intia- Service Section 7 Biological Evaluation Form (BE Form) iegaiding the proposed Pocosm Lakes National Wildlife Refuge South Clayton Block Hydiology Restoration project, in Hyde, Tyrrell and Washington counties, North Carolina Per Intra- Service Section 7 consultation guidelines you have requested Field Office review of the proposed project to determine if there is a potential to affect federally listed threatened and endangered species listed in the table below 1 he hydrology restoration project would be accomplished by creating an additional canal and berm parallel to the existing one, and installing three new water control structures at strategic points in the new canal The first step is to dredge a canal parallel to the proposed berm location. A long -reach excavator would be used to excavate the new canal As material is excavated, the berm will be built using the excavated material Once the material has dried, a grader would be used to shape and level the berm The three water control structures and associated culverts will be installed after berm construction. Silt fences, placed at an existing water control structure, will be used to prevent release of sediment hom the project aica. This project would increase water quality on the refuge and in the waters that drain from the refuge into Pungo River, northwest fork of the Alligator River and New Lake Our comments are provided in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 USC 1531 et seq ) SPECIES /CRITICAL HABITAT STATUS Red - cockaded wood eckei (Picoides borealis) E American alligator (Alligator mrvvissippiensis) T(S /A) Bald eagle (Halweetus leucocephalus) BGPA Red wolf (Canis rules) EXP Sensitivejomt -vetch (Aeschynomeme virgamca) T Northern long -eared bat (Myotis septentrionalis) P All known red - cockaded woodpecker (Picoides borealis, RCW) cavities, clusters, and potential foraging habitat occur on the eastern portions of the Refuge, which are not in close proximity to the proposed project area 1 he potential for the project to affect undetected woodpecker groups is considered insignificant The American alligator (Alligator mississippiensis) has been observed on the Refuge, but not in the vicinity of this proposed project While suitable habitat for the American alligator is contained within the Refuge along the Northwest Fork of the Alligator River and Gum Neck areas, the potential foi direct effects from the South Clayton Block pioject is believed to be minor While bald eagles have been obseived on the Refuge, no nests have been detected in the pioposed piolecl aiea, therefoie no negative impacts to bald eagles should result from this pioposed project. The bald eagle was officially de- listed in accoi dance with provisions of the section 4 of Endangered Species Act, as Amended but remains protected under the Bald and Golden Eagle Protection Act (BGPA) For future reference, the Service has implemented the National Bald Eagle Management Guidelines, to enable agencies planning piojects to avoid of minimize potential effects on bald eagles and their habitat A portable document file containing the Guidelines may be downloaded from the following web link http //www.fws gov/ southeast/ es/ baldeag, le/ NationalBaldEauleManagementGuidelineti ndf A tool for assessing the likelihood of a pioposed activity's affecting nesting bald eagles can be found at the following web link hap / /www fws prov /southeast /es /baIdeagle/ The BE Form states that red wolves (Canal rufus) have historically been observed in the general area wheie the above - listed project is proposed Red wolf denning season extends from March thiough July Pioject components will be closely cooidinated with Red Wolf Recoveiy Program biologists to prevent potential impacts to the federally listed red wolf At this time, Sensitive Joint -vetch (Aeschynomene vi ginica) has not been documented on the refuge Although there is a recoid for northern long -eared bat (117)ohs septentrionah%) (NLEB) in Washington County, NLEB has not been detected on Pocosin Lakes NWR The Service proposed listing of the NLEB as an endangered species under the Act on October 2, 2013 and issued interim conference and planning guidance foi NLEB on January 6, 2014 Based on the relatively limited extent of the proposed hydrological restoration and the scope of current guidance for assessing forest management activities on Region 4 refuges, we believe the project is not likely to jeopardize the continued existence of the NLEB Based on the mfoimation contained in the Biological Evaluation Form and provided maps, we concur with your determination that the proposed Pocosin Lakes NWR South Clayton Block Hydrology Restoration Project is not likely to adversely affect the red - cockaded woodpecker, red wolf, American alligator, sensitive joint -vetch or their critical habitat The Service believes that the proposed project will not Jeopardize the continued existence of the northern long -eared bat, a species proposed for listing under the Act We remind you that obligations under section 7 consultation must be reconsidered if (1) new information ieveals 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 If you have questions concerning this response please call Emily J Wells at (919) 856 -4520, ext 25 ENT OP Pd H �4aCN %sAo IVIC1110landunl United States Department of the Interior F ISI I AND W11 DLIFE SERVICI= Pocotiul I ales National Wildlife Reline 205 South Ludington Dme P O Bo\ 329 Columbia NC 27925 -0329 Phone 252/796 -3004 3/25/15 to fete Iienlamnl- l=coloumal Set1-ILes Field Office Ralciol-i NC Flom I- lovv,ud Phillips Refuge Mana�(el Pocosln I ales NWR Clllll111hm NC Z11— Subluct 1111Ua- SCI -VILC Suction 7 Consultation - South Clayton Block t-lvdlolOOV RCSaolatlon Plolect PICLIW find enclosed an Int1a- iclvice '�cctlon 7 13lolo()lcal Fyalllali011 fol the South ( Ia\tOII Block-, Ilvcholos\ Restotatlon I'llot Plolect on Pocosln 1 aheti NN %R i his ploiLet \\ould Icstole to the gleatest extent possible the natulai sheet ll(m hydrology on apptoxlmately 1 325 acte5 of lefugc land~ The ptolect \10lild benefit pocosin \\etlands and \\Ildhl'e and enhance \\,ttel quality on and ofl ol'the IClu(e Please ICVIC\\ the e\,aluatlon and ptollde ant comments \ou may h,1ve 1 1111 ICgllCSh11`7 concullence honl gout of lice with the findings in the evaluation "I hank you r REGION 4 INTRA- SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Originating Person Howard Phillips, Refuge Manager Telephone Number 252/796 -3004 E -Mail howard_phillips @fws gov Date March 25, 2015 PROJECT NAME (Grant Title/Numbei) South Clanton Blocks I I dY rology Restoration Pilot Protect Service Program Ecological Services Federal Aid Clean Vessel Act Coastal Wetlands Endangered Species Section 6 Partners for Fish and Wildlife Sport Fish Restoration Wildlife Restoration Fisheries X Ref ages /Wildlife II State /Agency USFWS III Station Name Pocosin Lakes National Wildlife Refuge IV Description of Proposed Action (attach additional pages as needed). The proposed action would restore, to the greatest extent possible, the natural sheet flow hydrology in Hydrology Management Units C 14 and C15, within Watershed I on the refuge Previously, in each of the years 1995 and 2008, an Intra- Service Section 7 Biological Evaluation was concurred for the Watei shed 1 project The currently proposed work will contribute toward the completion of this long term hydrological restoration project Prior to refuge ownership, ditches and canals were constructed to drain the pocosin wetlands to provide access for timber harvest, agriculture and pasture purposes Due to concerns over flooding on privately held lands adjacent to the project area, the refuge has been unable to perform optimal water management One of the primary goals of the refuge is to protect and restore the fragile pocosin wetlands on the refuge Pocosins, also known as southeast shrub bogs, are characterized by deep peat or organic soils In natural conditions, the peat soils are saturated with water and in an anaerobic condition. Excess water would flow across the saturated soils as sheet flow The pocosin wetlands serve as ecological filters by binding mercury and other impurities to the peat Presently, the peat soils are in an unnaturally dry state which results in oxidation and erosion of the peat The oxidation reaction releases mercury, nitrogen and other sediments from the peat to leach and erode into the canals The drier peat is also highly combustible, which contributes to catastrophic wildfires Historically, catastrophic wildfires have resulted in severe ground fires causing drops in elevation of up to three feet Due to the potentially high fire danger and other refuge objectives, maintaining adequate road accessibility is a priority The proposed action would restore, to the greatest extent possible, the natural sheet flow hydrology on these refuge wetlands, while maintaining road accessibility and avoiding impacts on adjacent landowners The hydiology restoration project would be accomplished by creating an additional canal and berm parallel to the existing one, and installing three new water control structures at strategic points in the new canal The first step is to dredge a canal parallel to the pioposed berm location A long -teach excavator would be used to excavate the new canal As material is excavated, the berm will be built using the excavated mateiial Once the material has dried, a grader would be used to shape and level the berm The three water control structures and associated culverts will be installed after berm construction Silt fences, placed at an existing water control structure, will be used to prevent ielease of sediment from the project area This project would increase water quality on the refuge and in the waters that drain from the refuge into Pungo River, northwest fork of the Alligator River and New Lake V. Pertinent Species and Habitat A Include species /habitat occurrence map Please see attached map Complete the following table SPECIES /CRITICAL HABITAT STATUS i Red wolf (Canis rufus) E Southern bald eagle (Haliaeetus leucocephalus) De- listed Red - cockaded woodpecker (Prcoides borealis) E American alligator (alligator mississippiensis) TSA Sensitive point vetch (Aeschynomene virginica) T 'STATUS E= endangered, T= threatened, PE= proposed endangered, PT= proposed threatened, CH= critical habitat, PCH= proposed critical habitat, C= candidate species VI Location (see attached map) A Ecoregron Number and Name Southeast Region, Area II - Roanoke /Tar/Neuse /Cape Pear Ecosystem B County and State Tyrrell, Washington, and Hyde Counties, North Carolina C Section, township and range (or latitude and longitude) 76 °35'00 ", 36° 43'00" D Distance (miles) and direction to nearest town Refuge office is located in Columbia, North Carolina E Species/habitat occurrence Historically, bald eagles and red wolves have been observed in the project areas As of this time, the southern bald eagle has been de- listed and no bald eagle nests have been documented on the refuge. The red wolf denning season occurs from March through July To prevent potential effects on red wolf denning, the project will be closely coordinated with the red wolf biologists All known RCW cavities and potential foraging habitat are located primarily on the east side of the refuge, which is several miles away from the hydrology restoration project Potential American alligator habitat is located along the Northwest Fork of the Alligator River and Gum Neck areas As of this time, sensitive point vetch has not been documented on the refuge The hydrology restoration project will not likely adversely affect endangered species or critical habitat VII Detennination of Effects A Explanation of effects of the action on species and critical habitats in item V SPECIES /CRITICAL HABITAT IMPACT TO SPECIES /CRITICAL Red wolf (Canis rufus) HABITAT Red wolf (Canis rufus) Not likely to adversely affect species or critical habitat Southern bald eagle (Haliaeetus leucocephalus) Not likely to adversely affect species or critical habitat De- listed August 2007 Red - cockaded woodpecker (Picoides borealis) Not likely to adversely affect species or critical habitat American alligator (alligator mississippiensis) Not likely to adversely affect species or critical habitat Sensitive joint vetch (Aeschynomene virginica) Not likely to adversely affect species or critical habitat B Explanation of actions to be implemented to reduce adverse effects SPECIES /CRITICAL HABITAT Actions to mitigate /minimize impacts Red wolf (Canis rufus) Denning season occurs from March through July To prevent impacts, proposed work would be coordinated closely with the red wolf program Southern bald eagle (Haliaeetus leucocephalus) Work will be conducted in pre - determined Response boundaries De- listed August 2007 Red - cockaded woodpecker (Picoides borealis) Work will be conducted in pre - determined Red wolf (Canis rufus) boundaries The documented RCW Cavity X trees are not located in the proposed project area American alligator (alligator mississippiensis) Work will be conducted in pre - determined boundaries Sensitive point vetch (Aeschynomene virginica) Work will be conducted in pre - determined X boundaries This plant has not been documented on the refuge VIII Effect Determination and Response Requested SPECIES /CRITICAL HABITAT Determmation Response _NEj N A A A Red wolf (Canis rufus) X Southern bald eagle (Haliaeetus leucocephalus) X Red - cockaded woodpecker (Picoides borealis) X American alligator (alligator mississippiensis) X Sensitive point vetch (Aeschynomene virgimca) X Determination/Response Requested NE = no effect This determination is appropriate when the proposed action will not directly, indnectly or cumulatively impact, either positively or negatively, any listed, proposed, candidate species of designated /proposed ci itical habitat Response Requested is optional but A Concurrence" is recommended for a complete Administrative Record NA= not likely to adveisely affect This determination is appiopriate when the proposed action is not likely to adversely impact any listed, proposed, candidate species or designated /pioposed critical habitat or there may be beneficial effects to these resources Response Requested is A Concurrence AA= likely to adversely affect This determination is appropriate when the proposed action is likely to adversely impact any listed, proposed, candidate species or designated /proposed critical habitat Response Requc,,ted lot listed species is A 1'otmal Consultation Response Requested lot ptoposed of candidate species is A Conscience PROJECT NAML (Giant I itle /Nunibet) South Clayton Blocks I- Ndiologw Restotation Pilot Ptoject §-tgnatuic (originating Station) I'ItIC G�.Ci_C -I— Title — \.3— Y251, 5 date IX Reviewing 1'cologtcal Seivices Office Evaluation A Cone ut i ence --- V -- NonOCCUI i ence - - - - - --- - - - - -- B 1'011nal consultation iequucd C Conference iequned D lnl'otmal conteicnce tequned F Remaiks (attach additional pages as needed) SignatuiL �t itit L5 _Z-7 -201 S date P-C, E S viiice JI Pocosin Lakes NWR- South Clayton Blocks Hydrology Restoration Pilot Project I Phelps Lake Pungo Lake' N 3 .5 0 1.5 3 South Clayton Blocks Project Area New Lake 9 12 Miles Alligator tiU, I River Legend State Roads Water Bodies South Clayton Blocks Refuge Boundary X RCW Habitat Potential American Alligator Habitat t Miles 0 0.25 , 0.5 0.75 1 Blocks Project Area C14 C15 I ntrol Structure ntrol Structure [Boundary ology anagement Existing Canal Planned Canal Planned Miles 0 0.25 , 0.5 0.75 1 Blocks Project Area C14 C15 I UNITED STATES GOVERNMENT memorandum DATE April 2, 2015 REPLY TO ATTNOF Richard S Kanaski, Regional Historic Preservation Officer & Regional Archaeologist, U S Fish and Wildlife Service, Southeast Region SUBJECT South Clayton Blocks Hydrological Restoration Pilot Project, Pocosin Lakes National Wildlife Refuge, Hyde County, North Carolina TO Mike Bryant, Project Leader, North Carolina Coastal Plain National Wildlife Refuge Complex In the title block of the November 6, 2014 letter to the North Carolina State Historic Preservation Office [ NCSHPO], my office erroneously indicated that the South Clayton Blocks Hydrological Restoration Pilot Project occurred on Pocosin Lakes National Fish Hatchery and not Pocosin Lakes National Wildlife Refuge This error was missed during the editorial process However, the project was correctly identified as occurring at Pocosin Lakes National Wildlife Refuge throughout the text of the letter, the attached maps, and the archaeological assessment The typographical error does not alter the original determination that "no historic properties would be affected by the project" or the concurrence of the NCSHPO as stated In their November 24, 2014 letter [Project No ER -08 -0964] Should you have any questions or require additional Information, please do not hesitate to contact me at (843) 784 -6310 [Office], (912) 257 -5434 [Cell], or at rich ard_kanaskl @fws gov RICHARD Digitalc =ly by RICHARD KANASKI DN U o—U S o =U 5 Government u= Department of the Interior ou =U5 Fish and Wildlife Service — RICHARD KANASKI 09 KANASKI Date3201 5 0402 0 4020 3 3148 1 1 481 04 00001 00 79 71 90 Richard S Kanaski Regional Historic Preservation Officer & Regional Archaeologist U S Fish and Wildlife Service Southeast Region kilt■ �> ��` North Carolina Department of Cultural Resources State Histonc Preservation Office Ramona M Bartos, Admtatstrator Go%cmor Pat McCrory h-eretary Susan Mum November 24, 2014 Richard Kanaski Savannah Coastal Refuges 694 Beech Hill Lane Hardeeville, SC 29927 fs Office of ArCl11t l5 and I Itstory DrTuty Secretary Kevin Cherry Re South Clayton Blocks Hydrology Restoration Pilot Project, Pocosin Lakes National Fish Hatchery, Hyde County, ER 08 -0964 Dear Mr Kanaslu Thank you for your letter of November 6, 2014, concerning the above project We have conducted a review of the project and are aware of no historic resources which would be affected by the project Therefore, we have no comment on the project as proposed The above comments are made pursuant to Section 106 of the National Histonc Preservation Act and the Advisory Council on Histonc Preservation's Regulations for Comphance .vith Section 106 codified at 36 CFR Part 800 Thank you for your cooperation and consideration If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or environmentaLreview@ncdcrgov In all future communication concerning this project, please cite the above referenced tracking number Sincerely, �WRamona M. Bartos Location 109 Last Jones Street, Balogh N(. 27601 Mailing Address 4017 Ni" hen ict Ccna r. Ralugh NC 27697 -4617 Telephone /Fax (919) 807- 6570/807 -6599 United States Department of the Interior FISH AND WILDLIFE SERVICE SEIMM Office of the Regional Archaeologist Savannah Coastal Refuges 694 Beech Hill Lane Hardeeville, South Carolina 29927 (843) 784 -6310 CELL (912) 257 -5434 FAX (843) 784 -2465 email: richard_kanaski @fws gov November 6, 2014 Ms Renee Gledhill- Earley, Environmental Review Coordinator State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699 -4617 Re South Clayton Blocks Hydrology Restoration Pilot Project, Pocosm Lakes National Fish Hatchery, Hyde County, North Carolina Dear Ms Gledhill- Earley The U S Fish and Wildlife Service proposes to restore the hydrology of a degraded pocosm wetland located on the southern end of Pocosm Lakes National Wildlife Refuge in Hyde County, North Carolina (Fig 1) This undertaking is a modification of an earlier restoration project reviewed your office in 2008 The assigned project number is ER -08 -0964 Based upon the project location, the past landscape modification associated with the ditching of the peaty pocosms, and past archaeological investigations, the 2008 undertaking would have "no effect" upon any historic properties The current undertaking involves the following tasks • Dredging of a canal parallel to the proposed berm The dredged material will be used to create the berm • Construction of the berm, which will be approximately 3 miles in length, 5 feet high, and 20 feet wide at its base • Install three water control structures and associated culverts that will control water flow on and off the diked pocosm • To prevent erosion and provide slope stabilization, a combination of creeping red fescue, red clover, German foxtail, browntop millet, annual ryegrass, oats, wheat, and rye will be planted on the slopes and summit of the newly berm (Figs 3 & 4) The proposed work occur immediately adjacent to the footprint of the 2008 project The potential for archaeological sites is low to nil primarily due to the presence of deep organic peats, the past and current hydrological regimes, and the extent of ground disturbance associated with past peat mining and drainage operations. Most, if not all of the proposed work, will occur in the ditched pocosm The berm, while allowing for the Refuge to manage hydrological flows, will maintain the current road access and avoid impacts to the adjacent privately owned lands The hydrological restoration pilot project will have "no effects" upon any of the Refuge's historic properties or the adjacent Phelps Lake Archaeological District Garrow and Watson conducted an archaeological survey of the Refuge in 1978 [NC BIB 4227] They noted that much of this portion of the state had been by past commercial peat mining and drainage project The Phelps Lake Archaeological District is located dust north of the Refuge, but is outside the project's "area of potential effect " Garrow and Watson (1978 vii) stated that "no additional investigation be undertaken for the majority of the remaining Refuge property As with the 2008 project, I do not recommend further archaeological investigations of this part of Pocosm Lakes National Wildlife Refuge To facilitate your review and comment, maps showing the location of proposed pilot restoration work are enclosed The FWS appreciate your office's timely review and comment Should you require additional information, please do not hesitate to contact me at (843) 784 -6310 or at richard—kanaski@fws.gov. Sincerely, Richard S Kanaski Regional Historic Preservation Officer & Regional Archaeologist Southeast Region cc Railey, Pocosm Lakes National Wildlife Refuge Reference Cited Garrow, Patrick H., and G. Michael Watson 1978 A Cultural Resource Investigation of the Pungo National Wildlife Refuge, Hyde and Washington Counties, North Carolina Project No ES -962 Soil Systems, Inc , Marietta, Georgia United States Department of the Interior FISH AND WILDLIFE SERVICE -.w,� Office of the Regional Archaeologist Savannah Coastal Refuges 694 Beech Hill Lane Hardeeville, South Carolina 29927 r (843) 784 - 6310`" CELL (912) 257 -5434 FAX (843) 784 -2465 email: nchard_kanaski @fws gov November 6, 2014 Mr Richard Hill, Historic Preservation Officer Tuscarora Nation of New York 2235 Mount Hope Road Sanborn, New York 14123 Re South Clayton Blocks Hydrology Restoration Pilot Project, Pocosm Lakes National Fish Hatchery, Hyde County, North Carolina Dear Mr Hill The U S Fish and Wildlife Service proposes to restore the hydrology of a degraded pocosm wetland located on the southern end of Pocosin Lakes National Wildlife Refuge in Hyde County, North Carolina (Fig 1) This undertaking is a modification of an earlier restoration project submitted to the Tuscarora Nation for review in 2008 (Fig 2) Based upon the project location, the past landscape modification associated with the ditching of the peaty pocosms, and past archaeological investigations, the 2008 undertaking would have "no effect" upon any historic properties The current undertaking involves the following tasks • Dredging of a canal parallel to the proposed berm The dredged material will be used to create the berm • Construction of the berm, which will be approximately 3 miles in length, 5 feet high, and 20 feet wide at its base. • Install three water control structures and associated culverts that will control water flow on and off the diked pocosm • To prevent erosion and provide slope stabilization, a combination of creeping red fescue, red clover, German foxtail, browntop millet, annual ryegrass, oats, wheat, and rye will be planted on the slopes and summit of the newly berm (Figs 3 & 4) The proposed work occur immediately adjacent to the footprint of the 2008 project. The potential for archaeological sites is low to nil primarily due to the presence of deep organic peats, the past and current hydrological regimes, and the extent of ground disturbance associated with past peat mining and drainage operations. Most, if not all of the proposed work, will occur in the ditched pocosm The berm, while allowing for the Refuge to manage hydrological flows, will maintain the current road access and avoid impacts to the adjacent privately owned lands The hydrological restoration pilot project will have "no effects" upon any of the Refuge's historic properties or the adjacent Phelps Lake Archaeological District Garrow and Watson conducted an archaeological survey of the Refuge in 1978 [NC BIB #227] They noted that much of this portion of the state had been by past commercial peat mining and drainage project The Phelps Lake Archaeological District is located dust north of the Refuge, but is outside the project's "area of potential effect " Garrow and Watson (1978 vii) stated that "no additional investigation be undertaken for the majority of the remaining Refuge property As with the 2008 project, I do not recommend further archaeological investigations of this part of Pocosin Lakes National Wildlife Refuge Pursuant to Section 101(d)(6)(B) of the National Historic Preservation Act and to Section 800 2(3) of 36 CFR 800, the FWS is seeking to consult with the Tuscarora Nation regarding potential impacts to significant archaeological sites and other historic properties of religious and cultural significance To facilitate the Nation's review and comment, maps showing the location of the proposed pilot restoration project are enclosed The FWS appreciate the Tuscarora Nation's timely review and input Should you require additional information, please do not hesitate to contact me at (843) 784 -6310 or at richard_kanaski @fws gov Sincerely, Richard S Kanaski Regional Historic Preservation Officer & Regional Archaeologist Southeast Region cc Railey, Pocosm Lakes National Wildlife Refuge Reference Cited Garrow, Patrick H , and G Michael Watson 1978 A Cultural Resource Investigation of the Pungo National Wildlife Refuge, Hyde and Washington Counties, North Carolina Project No ES -962 Soil Systems, Inc, Marietta, Georgia � �� L _��/• F�ooD ZoN_� CmYTW FLOOD HAZARD INFORMATION me rrrww�vr w..uu o.Ims u.r ww x•�.., [UWHIL' YIil10Mp;11i, 1.+ n NiTPJ /iPR NC NCQa GJV; ff115 Ilarwlbriib.ra RfE1 xuuouuu — w«..rnu..laoa x.ma.inls M 1�lwrp CYv.. f eN • 114 rs i3 dpOl rrlLr Ow {rel a W1e paM,Sr Ms. MIrr IIr. 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