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HomeMy WebLinkAbout20150350 Ver 2_401 Application_20160416- .% . r SMENT OF United States Department of the Interior N FISH AND WILDLIFE SERVICE Pocosin Lakes National Wildlife Refuge y�Rcri a �e'9 P.O. Box 329 205 South Ludington Drive Columbia, N.C. 27925 Mrs. Karen Higgins 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Mrs. Higgins, April 14, 2016`b 0 3c��ad� D ArR 19 2016 Please accept this cover letter, check and supporting documentation as our request for a modification to waters of the U.S. impacts related to our originally submitted and approved Clayton Blocks project. The original Water Quality Certification (DWR 15-0350 Hyde County) and associated PCN have been attached for reference. As previously discussed, no aspects of the overall project have changed; these impacts were just honestly left off of the previous submission, but need to be accounted for with Water Resources in order for our project to move forward. We have a final Nationwide Permit 27 from the Corps of Engineers that addresses the changes submitted in this request. Please see the attached PDF with the corrected impacts for the waters of the U.S. category. As we discussed, the three canals that will be plugged by the berm construction to accomplish this project's goals will total approximately 0.025 acres of fill (1116 Square feet). This comes from the first two northern canal fills measuring 8 feet wide by 36 feet of the benn till (288 square feet x 2 canals = 576 square feet). The southern canal is larger and measures 15 feet wide, and the fill is still 36 feet for the berm which totals 540 square feet. All totaling 1116 square feet of till in waters of U.S. (0.025 acres of waters fill). The fill will come from the material removed from the new canals dug out of the adjacent upland areas. Since the original PDF didn't have room for these updated impacts, the attachment covers the impacts to these canal features in linear feet, and the square footage of fill is listed above. Please note that the total linear feet is indicated by the 147, not just this updated portion. The total linear footage of these overlooked impacts equals 108 linear feet. The previous impacts on the PCN totaled 39 linear feet. So the overall impacts to waters of U.S. equals 147 linear feet. Thank you for your, quick`revie'w..of this project" fid please let me,know'if there are any questions. Everything else,about-the project and proposed'permit application remains the same. Thank you, Emily Wells' : 1. South Clavton Blocks Additional Stream Impacts 3a. Stream impact 3b. Type 3c. Stream 3d. Perennial 3e. Type of 3f. Average 3g. Impact number Permanent of impact name (PER) or jurisdiction Stream legnth (P) or Temporary intermittent width (feet) (linear feet) (T) (INT) S7 P Fill N/A Canal PER Corps and DWQ 8 36 S8 P Fill N/A Canal PER Corps and DWQ - 8 36 S9 P Fill N/A Canal PER Corps and DWQ -15 36 3h. Total stream and tributary impacts *This includes S1 -S6 from PCN form 147 Top View of Existing and Proposed Figure 1 Construction 7, 77 - 7 7 77,777 77 ... ....... ....... 7 Existing Canal Existing Berm Existing WCS New Canal - --- - ------- New Berm New WCS 2,`c), Not to Scale ... ....... ....... 7 Y l _ In 4/1212016 r DEPARTMENT OF THE INTERIOR Mail - Re DWR 150350 Ward, Sara <sara ward@fws.gov> Re: DWR 15-0350 Wells, Emily <emily_wells@fws.gov> Fri, Apr 1, 2016 at 2:08 PM To: "Tankard, Robert" <robert.tankard@ncdenr.gov> Cc: "May, David" <david.may@ncdenr.gov>, "Burke, Don" <don.burke@ncdenr.gov>, Howard Phillips <howard_phillips@fws.gov>, Sara Ward <Sara_Ward@fws.gov> Hi Robert, Is there a way to get this project moved to the front, since we were told back in July that we didn't need to provide the hardcopy mod request in the mail, and were under the impression that this was moving forward the whole time? We didn't receive any response and have been waiting on this since July. Thank you, Emily On Fri, Apr 1, 2016 at 10:33 AM, Tankard, Robert <robert.tankard@ncdenr.gov> wrote: Emily, after reviewing the file, we will need for you to apply for a modification to the certification. The fee will be $240. Any questions, please let myself or Don Burke know. Thanks! Robert Robert Tankard Assistant Regional Supervisor Division of Water Resources Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 252-948-3921 office 252-975-3716 fax Robert.tankard@ncdenr.gov https://mail.google.com/mail/u/0/?ui=2&ik=2b66aefab7&view=pt&q=david%20may&gs=true&search=query&msg=153d3O2c32f48af3&siml=153d3O2c32f48af3 1/2 4/12/2016 DEPARTMENT OF THE INTERIOR Mad - Re. DWR 15-0350 � l 3 , t:: -5>" Nothing Camp i Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https //mail google.com/mad/u/0/?ui=2&ik=2b66aefab7&view=pt&q=david%20may&qs=true&search=query&msg=153d302c32f48af3&siml=153d302c32f48af3 2/2 T Fwd: Clayton Blocks permit mod Barr, Elaine <elaine_barr@fws.gov> Wells, Emily <emily_wells@fws.gov> Tue, Apr 12, 2016 at 9:24 PM To: Howard Phillips <howard_phillips@fws.gov>, Sara Ward <Sara_Ward@fws.gov>, Elaine Barr <elai ne_barr@fws. gov> Here is the other email I sent to Roberto ... 2 days before I had Avery to check in .... should be good to include in the history of non -response. Sara already shared the other ones that need to be added into the packet. —Emily Forwarded message From: Wells, Emily <emily_wells@fws.gov> Date: Wed, Sep 2, 2015 at 10:24 AM Subject: Clayton Blocks permit mod To: "Scheller, Roberto" <Roberto.Scheller@ncdenr.gov> Hey Roberto, wanted to follow up on this and check and see if you had a chance to update the Clayton blocks certification to include those impacts we discussed and I sent in the email. If you already sent it, I apologize, but no one has told me. I am actually heading out of the office for a good bit for maternity leave starting tomorrow, so was trying to tie up loose ends before I leave. If you could just let me know and copy Howard that would be great. Thanks and hope you are doing well! Emily 4/12/2016 DEPARTMENT OF THE INTERIOR Mail - Fwd- updated impacts sheet Ali liII11111111111L Ward, Sara <sara_ward@fws.gov> Fwd: updated impacts sheet 2 messages Wells, Emily <emily_wells@fws.gov> Mon, Mar 28, 2016 at 12:37 PM To: Sara Ward <Sara_Ward@fws.gov> Here is the one way email chain from me to Roberto regarding the updated 401. 1 never got an email back from him about it. We had spoken on the phone about the mod not being a problem on July 20th 2015. June 3rd is when the project updates were addressed originally to both Kyle and Roberto in the email below. -Emily Forwarded message From: Wells, Emily <emily_wells@fws.gov> Date: Mon, Nov 23, 2015 at 10:49 AM Subject: Fwd: updated impacts sheet To: "Scheller, Roberto" <Roberto. Scheller@ncdenr. gov> Cc: Elaine Barr <elaine_barr@fws.gov>, Howard Phillips <howard_phillips @fws.gov> Hey Roberto, Hope you are doing well. I just got back into the office from maternity leave and am catching up on everything from when I was out of the office. I was told that the Refuge still hasn't gotten the updated 401 Cert that we spoke about on the phone (also in the below email) back in July for the Clayton blocks hydrology restoration project. Will you please let me know when this will be completed so they can get to work? Thanks! Emily Forwarded message From: Wells, Emily <emlly_wells@fws.gov> Date: Mon, Jul 20, 2015 at 10:40 AM Subject: Fwd: updated impacts sheet To: "Scheller, Roberto" <Roberto.Scheller@ncdenr.gov> Hey Roberto, Per our phone conversation this morning, I have attached an additional drawing/map that shows where the areas of additional overlooked impacts will be. They are described in detail in the email below, and shown in the attached spreadsheet and map. Please let me know that you got this, and also if you need anything else from me. Thank you! -Emily Forwarded message From: Jernigan, Emily <emlly Jernigan@fws.gov> Date: Wed, Jun 3, 2015 at 8:58 AM Subject: updated impacts sheet To: "Barnes, Kyle W SAW" <Kyle.W.Barnes@usace.army.mil>, "Scheller, Roberto" <Roberto. Scheller@ncdenr.gov> https //mad google.com/mad/u/0/9ui=2&k=2b66aefab78wew=pt&q=from%3A%20emdy wells%40rws.gov&qs=true&search=query&th=153be165a53645f5&sim 1/4 4/12/2016 `a DEPARTMENT OF THE INTERIOR Mad - Fwd: updated impacts sheet . Cc: Blaine Barr <elaine_barr@fws.gov> Hey Kyle and Roberto, Please see the attached PDF with the corrected impacts for the waters of the US category. As we discussed yesterday ( with Kyle), the three canals that will be plugged by the berm construction to accomplish this project's goals will total approximately 0.025 acres of fill (1116 Square feet). This comes from the first two northern canal fills measuring 8 feet wide by 36 feet of the berm fill (288 square feet x 2 canals = 576 square feet). The southern canal is larger and measures 15 feet wide, and the fill is still 36 feet for the berm which totals 540 square feet. All totaling 1116 square feet of fill in waters of US (0.025 acres of waters fill). The fill will come from the material removed from the new canals. Since the original PDF didn't have room for these updated impacts, the PDF attachment below covers the impacts to these canal features in linear feet, and the square footage of fill is listed above. Please not that the total linear feet is inidicated by the 147, not just this updated portion. The total linear footage of these impacts equal 108 linear feet. The previous impacts on the PCN totaled 39 linear feet. So the overall impacts to waters of US equal 147 linear feet. Thank you and let me know if there are any questions. Everything else about the project and proposed permit application remains the same. Once again, sorry for not having this on the original PCN, it was an honest whoops! -Emily Emily Jernigan Wells U.S. Fish and Wildlife Service PO Box 33726 Raleigh, NC 27363-3726 (919) 856-4520 ext. 25 2 attachments 18 south clayton project additional stream impacts (1).pdf 97K •� Clayton Blocks overlooked impacts map_drawing.pdf 348K Wells, Emily <emily_wells@fws.gov> Thu, Mar 31, 2016 at 9:03 AM To: Howard Phillips <howard_phillips@fws.gov>, Sara Ward <Sara Ward@fws.gov> I spoke with David May yesterday and sent him the email chain and previously supplied documents. He said he would find the file information and get a grasp on where it stands in their office and give me a call or email back with an update. He said Roberto left in Sept/Oct, but he wasn't aware that the contact information on their website was still saying the Washington phone number. I will let you know when I hear an update. Thanks, Emily Forwarded message From: May, David <david.may@ncdenr.gov> Date: Thu, Mar 31, 2016 at 8:55 AM Subject: RE: updated impacts sheet To: "Wells, Emily" <emily_wells@fws.gov> Cc: "Tankard, Robert" <robert.tankard@ncdenr.gov> https.Hmail.google com/mail/u/0/?ui=2&ik=2b66aefab7&view=pt&q=from%3A%20emdy wells%40rws gov&qs=true&search=query&th=153be165a53645f5&sim. 2/4 4!12/2016 Thanks, We'll follow back up soon. David May DEPARTMENT OF THE INTERIOR Mad - Fwd: updated impacts sheet Regional Supervisor — Water Quality Regional Operations Section Department of Environmental Quality — Division of Water Resources 252-948-3939 office david.may@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 K1 -,"1Nothing Compares . Z-- - . . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wells, Emily [mailto:emily—wells@fws.gov] Sent: Wednesday, March 30, 2016 2:22 PM To: May, David <david.may@ncdenr.gov> Subject: Fwd: updated impacts sheet Hi David, https //mail.google.com/mad/u/0/?w=2&k=2b66aefab7&view=pt&q=from%3A%20emdy_welIs%40fws gov&gs=true&search=query&th=153be165a53645f5&sim.. 34 4/12/2016 DEPARTMENT OF THE INTERIOR Mail - Fwd: updated impacts sheet Thank you for talking with me today about this project. Here is the email chain and associated information we had provided to Roberto last summer. Please let me know once you have found and looked through the file what information you would still need from us to finalize the modification to the original WQ cert. Thank you very much for your help on this, and I will talk to you soon. [Quoted text hidden] https://mail.google.com/mad/u/0/?ui=2&ik=2b66aefab7&view=pt&q=from%3A%20emdy wells%40fws.gov&qs=true&search=query&th=153be165a53645f5&sim 414 ' ' , _ ' Y , 1 1 • �r .. � � � .( f t ,. � _, -a � .. .. r y' ��ir -,fir, �t 1, .: � � � _ � t ' � � � .r r - � r, _ �_ � ` �� - t � � , � �_ �_ � � Y � � '" ' � _ � - l,. �. �t , i _ - _ ,� J 1 - f - � _� - . r _ i, ;- _ _ - � � �'y .� a- ti �, � � i - ti _ ' �. � � � � ., � ' � :� t_- � � ' � � _ _ r _. 1 _ �, t � � � � _ * W � �a , 1' i `- �1 � _i +� 1 r - j L t;; '- i r Vo, 4 CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 11, 2015 Pocosin Lakes National Wildlife Refuge Mr. Howard Phillips, Refuge Manager 205 South Ludington Drive Columbia, NC 27925 Donald R. van der Vaart Secretary DWR 15-0350 Hyde County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Project: South Clayton Blocks Hydrology Restoration Pilot Project Tar -Pamlico River Basin, Pungo River [TAR 07, 29- 34- (5); NSW, SC] Dear Mr. Phillips: You have our approval for the impacts listed below for the purpose described in your application dated April 1, 2015, and received by the Division of Water Resources (Division) April 9, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885 (GC 3885). This General Certifications) allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USACE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811Fax: 252-975-37161 Internet: www.nedenr.gov ..-V1 Pocosin Lakes National Wildlife Refuge South Clayton Blocks Hydrology Restoration Pilot Project May 11, 2015 Page 2 of 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1 39 (linear feet) fill (linear feet) 404/401 Wetlands Site 1 (acres) (acres) Coastal Wetlands Site 1 (acres) (acres) Open Waters Site 1 (acres) (acres) Buffers —Zone 1 Site 1 (square feet) (square feet Buffers — Zone 2 Site 1 (square feet) (square feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). Pocosin Lakes National Wildlife Refuge South Clayton Blocks Hydrology Restoration Pilot Project May 11, 2015 Page 3 of 3 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Roberto Scheller by phone at 252-948-3940 if you have any questions or concerns. Sincerely, r?�Z-kll Robert Tankard Assistant Regional Supervisor Division of Water Resources Enclosures: GC 3885 Certification of Completion cc: Kyle Barnes, USACE, Washington Regulatory Field Office Karen Higgins, Central Office Laserfiche File ANY *.1 REEDER North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary DWR Project No: County: Applicant: Project Name: 401 Water Quality Certification Issued Date: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, . as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Division of Water Resources -401 & Buffer Permitting Unit 1617 Mad Service Center. Ralelgh, North Carolina 27699-1617 Location. 512 N Salisbury St, Raleigh, North Carolina 27604 Phone: 919$07.63001 FAX: 919$07-6492 Internet www.ncwaterquality org An Equal OpWumty I Aftanatve Acton Empbyei - Mede in part ty recycled paper T Water Quality Certification No. 3885 Water Quality Certification Number 3885 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B.0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13 and 27) and Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B.0200, The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 300 and 307 of the Public Laws 92-500 and 95-217 H conducted to accordance with the condlitions hereinaftet set forth. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certif lcatlon from the Division of Water Quality (the "Division"): a) All proposed fill or modification of wetlands and/or waters, including streams and streambanks, regardless of the purpose of the restoration, enhancement, stabilization, or creation activity, except for single and independent projects involving in-strwrn structures for the sole purpose of streambank stabilization, which are designed based on current natural channel techniques, and do not exceed a total of three structures within 100 feet or less of streambank; or b) Any stream relocation; or c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection which utilize non -natural armoring such as riprap, gablon baskets, deflection walls etc of greater than 150 feet in streambank length; or d) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection which utilize natural streambank sloping, vegetation, and other natural channel protection techniques of greater than 500 feet of streambank length; or e) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B.0200); or f) Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins or In the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules (Buffer Rules] In effect at the time of application) unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization Certificate Is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. if a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Water Quality Certification No. 3885 Water Quality Certification No. 3885 Activities Included In this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division Is required. Conditions of Certification: Activities shall meet the definitions, design, and monitoring protocols specified within the US Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02-02) and the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these documents. 2. - No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. All construction activities, including the design, Installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are Incorporated by reference and are enforceable parts of this permit. 3. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be In full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, Installed, operated, and maintained In accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs In waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS -I, WS -II, High Quality (HOW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 048.0124, Design Standards in Sensitive Watersheds. Water Quality Certification No. 3885 Water Quality Certification No. 3885 4. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices In wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted In a manner that may result In dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. 5. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements Is required. A copy of the general permit (NCG010000), inspection log sheets, and other Information may be found at http://portal.nodenr.omhvebANgAws/ou/nodesswgtab-w . The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 6. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be Implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. Water Quality Certification No. 3885 Water Quality Certification No. 3885 8. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses' identified within and constructed In accordance with 15A NCAC 0213.0233-0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that Inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary Impact Is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 11. All temporary pipes/ culverts/ rlprap pads etc, shall be installed in all streams as outlined In the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. 12. Any dprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly Impacted by the approved construction activity. All rip -rap shall buried and/or'keyed In" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 13. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except In specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but 1s restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 15. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specked in 15A NCAC 07H .1405. Water Quality Certification No. 3885 4 Water Quality Certification No. 3885 16. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or 'Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any Impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. 17. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the State Clearinghouse. 18. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 19. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 20. The applicant/permittee and their authorized agents shall conduct all activities In a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 21. When written authorization is required for use of this certification, upon completion of all permitted impacts Included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 22. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. 23. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. Water Quality Certification No. 3885 5 Water Quality Certification No. 3885 This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it Is determined that the project Is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic specles, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By Charles Wakild, P.E. Director History Note: Water Quality Cer0cation (WQC) Number 3885 issued March 19, 2012 replaces WQC Number 3689 issued November 1, 2007; WQC Number 3626 issued March, 2007, WQC Number 3495 issued December 31, 2004; and WQC Number 3399 issued Manch 2003. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits and/or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3885 QF W A TFgoG y � I 1 > y 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 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? © 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. ❑ Yesx❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 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 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 3d. Street address: 205 South Ludington Drive 3e. City, state, zip: Columbia, NC 27925 3f. Telephone no.: 252-796-3004 x226 3g. Fax no.: 252-796-3010 3h. Email address: howard_phillips@fws.gov (note underscore between first and last names) Page 1 of 10 PCN Form — Version 1.4 January 2009 A Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name - (if applicable): 4d. Street address: i . 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:- ddress:5d. 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): #84-064-6091 1b. Site coordinates (in decimal degrees): Latitude: 35.629257 Longitude: -76.502843 1 c. 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 (includingall 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. S. 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 project 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 1 a. 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 3i. Comments: See attached C. 3i. 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 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: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) 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: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. 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 budding 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 project 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 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: 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 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 ❑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 project 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 localgovernment's jurisdiction is thisproject? 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? 1 b. 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 ❑YesX❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, E] Yes Q 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 Q No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project would restore, to the greatest extent possible, the natural sheet flow hydrology on the Pocosin 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 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act © Yes ❑ No impacts? 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 P000sin Lakes National Wildlife Refuge surveys, NC Natural Heritage Data Explorer, and Raleigh FO GIS Inbrmabon 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 P000sin 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 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.) 8. Flood Zone Designation (Corps Requirement) -T 8a. Will this project occur in aFEMA-designated 100 -year floodplain? [:] Yes © No 8b. If yes, explain how project meets FEMA requirements: Sc. What source(s) did you use to make the floodplain determination? Accessed internet websites: http:/twww.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 Sod Survey at http:/Mrebsoilsurvey.sc.egov.usda. HOWARD PHILLIPS REFUGE MANAGER Applicant/Agent's Signature Date Applicant/Agent's Printed Name (Agent's signature is valid only d an authorization letter from the applicant isprovided.) 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 pocosin 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. 3c. 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 43, 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. M 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 4 and 5) A � 'p6c' osis ; ekes National, Wilt lif q F;I 4, ✓ YYY South Clayton Blocks j G Project Area 35.629257, -76.50284 �3,~ J- { i ��, �'A� `1�"_ <♦ -. Refuge Boundary,- Mmes , "'� 7.5 10- Clayton Le§end k , _ Project Area Existing Wates C' ntrol Structure O Planned Water,,Control Structure Existing Dike/�ydrology Management Unit Boundary { Existing Canal •� Planned Cantil _ Planned Dik Not to Scale I Miles 0 0.25 10.5 0.75 1 1 L1,11" locks Project Area C15 C14 Figure 1 Top View of Existing and Proposed Cross Sectional View of Existing and Proposed Berms and Canals C-14 block Approximate New Berm Existing Berm 3:1 slope12' -> 35' 30' Gr 41 _ __ Existing Canal T : _ ^ New Canal Approximate Existing Berm 3:1 slope 49 20' _ ^ ^ _ _ 14KExisting Canal / Rest of construction New Berm 36' 30' Grour New Canal Y Frontal View of Water Control Structure Flashboard riser 00-000—� < > < X > 61 8' 61 Top of berm aluminum bulkhead with earthen fill behind Boards in riser 6' diameter culvert .......... .......... .. ......... ........... ........... .. ......... . .......... < > < X > 61 8' 61 Top of berm aluminum bulkhead with earthen fill behind Boards in riser 6' diameter culvert 11' Water in canal Cross Section of Water Control Structure Not to Scale 4.5' H Top of berm Earthen fill Riprap 40' Flow Boards Aluminum corrugated culvert 6' Cross-sectional view Top View of Water Control Structure in Berm Not to scale