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HomeMy WebLinkAbout20160342 Ver 1_401 Application_2016041620160342 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director April 4, 2016 NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 RE. PCN for NCWRC Smithfield BAA Project, Johnston County Dear Sir or Madam. The North Carolina Wildlife Resources Commission, in partnership with Town of Smithfield, is submitting a PCN for 401 Water Quality Certification and Neuse River Buffer Authorization in conjunction with the necessary US Army Corps NWP 36 for renovation of an existing public boat ramp in Smithfield, NC. Enclosed are 4 copies each of the site plan, PCN application, Agent Authorization letter, comments received from environmental agencies, additional location map, and proof of electronic fee transfer. If you need additional information to complete your review, please contact me at sara.sherman @_ncwtldlife org or 919-707-0164 Sincerely, Sara Sherman Project Engineer SS Enclosures DIVISION OF ENGINEERING & LANDS MANAGEMENT Mailing Address: 1720 Mail Service Center • Raleigh, NC 27699-1720 Office Location: 1751 Varsity Drive • Raleigh, NC -Telephone: (919) 707-0150 • Fax: (919) 707-0162 Montalvo, Sheri A From: Revis, Teresa Sent: Tuesday, April 05, 2016 11:16 AM To: Montalvo, Sheri A Subject: FW: NC E -Pay Remittance Advice Follow Up Flag: Follow up Flag Status: Flagged Hey, is this one of your payments? Teresa.Revis@ncdenr.gov NCDENR/DWR Budget Office 1617 Mail Service Center Raleigh NC 27699-1617 919 807 6316 (TEL) 919 807 6490 (FAX) -----Original Message ----- From: SVC DENR.00c.cash Sent: Tuesday, April 05, 2016 10:23 AM To: Revis, Teresa <Teresa.Revis@ncdenr.gov> Cc: Pickett, Laveta D <laveta.pickett@ncdenr.gov> Subject: FW: NC E -Pay Remittance Advice This one belong to you? -----Original Message ----- From: OSC.nc.payment@osc.nc.gov [mailto:OSC.nc.payment@osc.nc.gov] Sent: Tuesday, April 05, 2016 1:04 AM Subject: NC E -Pay Remittance Advice TO: DEPT OF ENVIRONMENT & NATURAL RESOURCES CONTROLLERS OFFICE 1606 MAIL SERVICE CENTER RALEIGH NC 27699-160 RE: Direct Deposit Notification A transfer has been created in CIVICS for the amount of $240.00 for payment number 17PT0000083074. It is your office's responsibility to confirm that this transfer has been passed and submitted in CIVICS. These funds were paid by the following agency: WILDLIFE RESOURCES COMMISSION CONTROLLER'S OFFICE TRADE ACCOUNTS PAYABLE 1751 VARSITY DR RALEIGH, NC 27606-2576 Agency Contact Phone: 919-707-0090 Please direct all questions regarding this payment/transfer to the agency contact phone number listed directly above. This agency maintains information regarding your payment records. Any questions concerning payment amount and invoice information/documentation should be directed to the agency's Accounts Payable office and they will be happy to assist you with your inquiries PLEASE DO NOT REPLY TO THIS EMAIL. CONTACT THE PAYING AGENCY AT THE NUMBER LISTED ABOVE. Invoice Number Inv Date Invoice Amount Discount Amount Net Amount SMITHFIELD032416 03/24/16 $240.00 $00.00 $240.00 401 MINOR WATER QUALITY APPLICATION: SMITHFIELD BAA TOTAL: $240.00 This notification was sent from the North Carolina Office of the State Controller. If this notification has been sent in error, please contact the agency listed above to make corrections. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 36 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): Q 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 Q 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 Q No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ❑X No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ YesX❑ No 2. Project Information 2a. Name of project: Smithfield Boating Access Area 2b. County: 2c. Nearest municipality / town: Johnston 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: Town of Smithfield 3b. Deed Book and Page No. Book 3935 Page 653 3c. Responsible Party (for LLC if applicable): N/A 2016 3d. Street address: P.O. Box 761 0E0 -WATER RESQURCES 3e. City, state, zip: Smithfield, NC 27577 3f. Telephone no.: 919-934-2116 3g. Fax no.: 919-934-1134 3h. Email address: paul.embler@smithfield-nc.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: Sara Sherman 4c. Business name (if applicable): NC Wildlife Resources Commission 4d. Street address: 1720 Mail Service Center 4e. City, state, zip: Raleigh,,NC 27699 4f. Telephone no.: 919-707-0164 4g. Fax no.: 919-707-0162 4h. Email address: sara.sherman@ncwildlife.org 5. Agent/Consultant Information (if applicable) 5a. Name: see above 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 115080002 1b. Site coordinates (in decimal degrees): I Latitude: 35.5146 Longitude: 78.3471 1 c. Property size: 4.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Neuse River 2b. Water Quality Classification of nearest receiving water: WS -V; NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: This site Is an existing public boat ramp with Town of Smithfield park area. There Is a greenway, wooded areas, and on -street parking. The site Is In the downtown Smithfield district. The site Is adjacent to the now -demolished old water plant building. 3b. List the total estimated acreage of all existing wetlands on the property: 4.5 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,057 3d. Explain the purpose of the proposed project: see attached. 3e. Describe the overall project in detail, including the type of equipment to be used: see attached. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes XO No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No Q Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes Q No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands © Streams —tributaries Q Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWo (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill Neuse River PER Corps 90 32 S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 32 3i. Comments: Total fill to construct boat ramp = 31 cubic yards Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 6. 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 I Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number— Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 P Boat ramp construction Neuse River No 1,070 800 62 T wall tie -back installation Neuse River, No 900 1,015 B3 T wall tie -back Installation Neuse River No 860 500 B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 5,145 6i. Comments: Neuse River Buffer impacts Include the water dependent ramp structure (permanent) and 2 area of temporary impacts necessary to Install the wall tie -backs. The temporary impact areas will be restored with vegetative groundcover following oonstructiorf. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The new ramp will be constructed In the same footprint/angle as the existing to minimize Impacts. Vinyl walls will be constructed parallel to the ramp to avoid a much wider cut/slope footprint along the ramp footprint. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Ramp slab will be poured on high ground and pushed into place with a bulldozer so that live concrete will not come Into contact with Neuse River. 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 Q No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ payment to in-lieu fee program , ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program , 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian 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 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes Q 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Minimal Impact only for boat ramp. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 10% 2b. Does this project require a Stormwater Management Plan? ❑ Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Local stormwater ordinance requires a Stormwater Permit for projects disturbing over 1/2 acre - this project does not meet that threshold. 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 localgovernment's jurisdiction is thisproject? Town of Smithfield ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW USMP apply (check all that apply): e 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): BSessionLaw 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) la. Does the project involve an expenditure of public (federal/state/local) funds or the Yes ❑ No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑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 213 .0200)? 2b. Is this an after -the -fact permit application? [I Yes ®No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 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. In the future, the Town may allow NCWRC to develop additional vehicle -trailer parking. No plans have been made at this time. Any future parking would be developed outside of the Neuse River buffer and be subject to local stormwater rules. 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 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes © No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 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? USFWS comments letter 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? F ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA website - It is not a marine habitat 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X 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? SHPO comments letter 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? © Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Will follow any applicable local stormwater ordinance 8c. What source(s) did you use to make the floodplain determination? ncfloodmaps.com NCWRC/Sara Sherman 4-I 4/ a 01 b Applicant/Agent's Printed Name koplica t/Agent's/Signature Date (Agent's signature Is valid only if an authorization I etter from the applicant isprovided.) Page 10 -of 10 PCN -Smithfield BAA B. -3d Renovate existing public boat ramp to improve facility conditions, add ADA parking space, add trailer parking, and improve access to Neuse River for boating and fishing public of all ability levels. The current ramp does not have ADA parking, there is no dock to assist boaters, and there are no vehicle -trailer parking spaces in the area. B -3e Old ramps and walls will be demolished. New concrete ramp and vinyl walls will be constructed. Floating dock will be installed parallel to boat ramp. A concrete ADA parking space and sidewalk will be constructed near the ramp. Asphalt maneuver area will be constructed at top of ramp. New entry drive from Front Street will be constructed. New vehicle -trailer parking space will be constructed at end of Front Street. Demolition will be completed using excavator and back hoe. New ramp rock base will be placed by excavator. New ramp slab will be poured on high ground and then pushed into place with bulldozer. The above -water portions of the ramp will be formed and poured in place, on grade. Vinyl will be driven into place using vibratory hammer. Other equipment used throughout will include paver and dumptrucks. 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(D aD 4ni, C7 U3 �w (n -0 2PCD '4 < p" - 9), C= CD fi OD OA rn W Tl C) Cf) U 4%t m o Cf) 0 (D 0rn 0 w > 0 U) C:) E3 z SMITHFIELD BAA/PFANORTH CAROLINA WILDLIFE RESOURCES COMMISSION DIVISION OF ENGINEERING & LANDS MANAGEMENT it CAROLINA \1 1720 MAIL SERVICE CENTER ry CD t1i RALEIGH, NORTH CAROLINA 27699 0 C� Scoping Conceptual Plan RESOURCES Phone: 919.707.0150 � COMMISSION Fax: 919.707.0162 www.ncwildlife.org Jim Freeman, Interim Town Manager Greg Siler, Finance Director Tim Kerigan, Human Resources/PIO Sharman Williams, Town Clerk Veronica Hardaway, Administrative Assistant Telephone: 919.934.2116 Sara J. Sherman Facility Construction Engineer NC Wildlife Resources Commission 1720 Mail Service Center Raleigh, NC 27699-1720 Dear Ms. Sherman, NOS March 22, 2016 350 East Market Street Post Office Box 761 Smithfield, NC 27577 Fax: 919.989.8937 North Carolina Wildlife Resources Commission is authorized, for the purposes of developing a fishing access on the Neuse River, to obtain permits for property owned by the Town of Smithfield on North Front Street adjacent to the Old Water Plant site. Pus authorization will expire December 31, 2016. Jim reeman own Manager North Carolina Department of Cultural Resources State Historic Preservation Office Ramona A Bartos, Administrator Governor Pat McCrory Secretary Susan HIuttz September 14, 2015 MEMORANDUM TO: Sara Sherman NC Department Wildlife Resources Commission Division of Engineering & Lands Management FROM: Ramona M. Bartos 4+ l`a OLV X Office of Archives and History Deputy Secretary Devin Cherry SUBJECT: Replace Boat Ramp and Install Floating Dock, Smithfield Boating Access Area, Smithfield, Johnston County, GS 15-2070 Thank you for your letter of August 31, 2015, 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 Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above -referenced tracking number. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Sara Sherman NCWRC United States Department of the Interior 1720 Mail Service Center Raleigh, NC 27699 FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 24, 2015 Re: Smithfield Boating Access Area- Johnston County, NC Dear Ms. Sherman: This letter is to infoim you that a list of all federally -protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at littp://www.fws.gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office fora list of federally -protected species., Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concerns that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found.on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. t The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. . , - If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). 2 I We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, ete Benjamin Field Supervisor r 3 List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Perquimans Beaufort Person Bertie Pitt Bladen Randolph Brunswick Richmond Camden Robeson Carteret Rockingham Caswell Sampson Chatham Scotland Chowan Tyrrell Columbus Vance Craven Wake Cumberland - Warren \ Currituck Washington Dare Wayne Duplin Wilson Durham Edgecombe Franklin Gates , Granville Greene Guilford Halifax Harnett Hertford ' Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 4 1• t ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Sara Sherman Facility Construction Engineer Division of Engineering and Lands Management FROM: Gabriela Garrison Eastern Piedmont Coordinator Habitat Conservation DATE: August 26, 2015 SUBJECT: Request for Environmental Scoping for Renovating the Smithfield Boating Access Area, Johnston County. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e), North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC 25), and North Carolina General Statutes (G.S. 113-131 et seq.). The NCWRC Division of Engineering and Lands Management, in partnership with the City of Smithfield, proposes to renovate the boat ramp at the Smithfield Boating Access Area. The existing concrete ramp will be removed, and a new concrete ramp with a parallel floating dock will be constructed. The existing maneuver area and driveway will be rebuilt. Lastly, a new vehicle -trailer parking area will be constructed at the north end of North Front Street. The project is located along US Highway 70 in Smithfield, west of its intersection with US Highway 301. There are records for the following freshwater mussel species near the proposed project site in the Neuse River: the state -threatened, Roanoke slabshell (Elliptio roanokensis), triangle floater (Alasmidonta undulata) and eastern lampmussel (Lampsilis radiata), as well as the Carolina slabshell (Elliptio congaraea), a species on the Natural Heritage Program's `Watch List'. The following recommendations will minimize impacts to aquatic and terrestrial wildlife resources: 1. Due to the presence of state -listed mussel species, a salvage effort in the immediate project area should be conducted before work begins. Please contact Dr. Tyler Black, the Eastern Region Aquatic Wildlife Diversity Coordinator, at 919-707-0364 or tvler.black(a,ncwildlife.org, one month prior to work activities to schedule the salvage effort. 2. Two anadromous fish species, striped bass (Morone saxatilis) and American shad (Alosa sapidissima), are known to spawn in the Neuse River where construction activities will Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Page 2 August 26, 2015 Smithfield Boat Access Area Scoping occur. As such, an in -water work moratorium from February 15 to June 30 should be observed. 3. Concrete is toxic to aquatic life and should not come in contact with surface waters until it has cured. 4. Sediment and erosion control measures should be installed prior to any construction. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar materials that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills. These measures should be routinely inspected and properly maintained. Thank you for the opportunity to review and comment on this project. If I can be of fin-ther assistance, please contact me at (910) 409-7350 or abriela.garrison&ncwildlife.org. ec: Dr. Tyler Black, NCWRC Jeremy McCargo, NCWRC m db y y m Go s S 3rd St n y m Softy Sr �g s5jry s' � ii q 3 S6rhSt v $ 3 o` a c 0 s� h •hs, � 0 � NSiryS Z t ' � NTjhS' �� r V • _ y 5 C � _ �,St � a' r -f• Iv CLsgrh m �T�J ?r s� s CL r. 1 rT y cl� N z E T o o� � Birch St � A N \ Fine St Oak st 6 c N out,, `apo 1S tefNJ 6 � r� tO tiunbg S Y N t ( a, tO l4mb3 N rO am3uaA � 2. m n N