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HomeMy WebLinkAbout19960504 Ver 2_401 Application_20080415s ~ `, ~ ANT OF ti + ~ ~ ~ D S O ~ i U.B. Q~QM rF~yp United States Department of the Interior ~~~ FISH AND WILDLIFE SERVICE . ~'gecH s'ga9 Pocosin Lakes National Wildlife Refuge °~~"°~ 205 South Ludington Drive, P.O. Box 329 Columbia, NC 27925-0329 Phone: 252/796-3004 Ms Cyndi Karoly, Supervisor D ~~ ~',~ (~ N.C. Division of Water Quality u 401 Oversight/Express Permitting Unit APR ~ ~ 2u!78 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 ~; ~ j y~nANDS AND 7i0RMWATER BRANCH April 11, 2008 Dear Ms Karoly: Thank you for your response to my email last week. Mr. John Dorney also replied and suggested I include a cover letter to you describing the situation again. I am once again requesting your help in expediting the review of this project. Following our meeting with Kyle Barnes (DWQ) and Tom Steffens (CoE) in June 2007, we began working on a notification for activities (in what we call Watershed 2) under NW 27 and the associated General Certification (GC). You've been copied on several emails about this. On 2/8/08 we sent the information on the GC (with five copies) to DWQ's Central Office as advised. Unfortunately, the package was sent to the DWQ office in the Archdale Building rather than what we now know is your office on Crabtree Blvd. I spoke with folks in your office 4/1/08 and they indicated that the package should have made it over to you, but there was no record of it. We obtained the FedEx tracking information and found that Megan Benton signed for it on 2/12/08 (an electronic copy of her signature is included in the tracking documentation). I contacted Ms. Benton who said, since it was addressed to Coleen Sullins, she would have probably given it to Ms. Sullins' secretary (who is no longer working there). I asked Ms. Benton if they had a log system. After checking, she found no entry in the secretary's log, or her own log, about the package. It's very perplexing. To complicate the matter, we then discovered that after we started working on the package in August or September the GC corresponding to NW 27, #3626, changed in November to #3689. We, of course did not know this in February when we sent the package based on GC #3626 requirements. At this point, we stand to lose $500,000 in contracts (and possibly the funding). This is a restoration project that will provide water quality, wildlife, and other natural resource benefits and I would really hate to lose the money. At this point, a Corps Nationwide Permit No. 27 has been issued for the work described in this package (for Hydrology Restoration in Watersheds 1 and 2 on Pocosin Lakes National Wildlife Refuge). In this packet, please find enclosed five copies of the following: ^ A Preconstruction Notification for Water Quality Certification 3689. Maps showing the location of the hydrology restoration work. ^ Drawings of cofferdams, water control structures and flashboard risers to be used to accomplish the restoration work. ^ Corps of Engineers NWP 27 for hydrology restoration work to be conducted in Watersheds 1 and 2. ^ Historic Corps permit Action ID #199503799 for previous work conducted in WS 1. ^ Historic Corps letter Action ID # 200411017 stating that work conducted in canal and roadbed does not impact Jurisdictional waters or wetlands. ^ a copy (on CD) of the Pocosin Lakes NWR Hydraulic and Hydrology Study and Water Management Plan prepared by USDA -Natural Resources Conservation Service in 1994. ^ A check for $570.00. We are also sending a copy of the packet to Mr. Kyle Barnes. Because of concerns Mr. Barnes raised about some of the work proposed for our Watershed 3 area, we are currently modifying the proposal and will submit a separate PCN for Corps and DWQ permits in the near future. Please feel free to contact me at 252/796-3004 x 226 (office) or 252/796-7517 (mobile) if you require any additional information or have questions. Thank you for your time. Sincerely, Howard Phillips Refuge Manager Pre-Construction Notification for Pocosin Lakes National Wildlife Refuge Hydrology Restoration for Watersheds 1 and 2 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. q b fl S ~ ~ ~ Z (If any particular item is not applicable to this project, please enter "Not Applicable" or "tv/A".) I. Processing 1. Check all of the approval(s) requested for this project: ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ x 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: General Certification 3689. Nationwide Permit 27 has already been issued by USCOE 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: N/A 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: N/A 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check h ~ O l/ D `/ II. Applicant Information APR 1 5 ?008 1. Owner/Applicant Information Name: Pocosin Lakes National Wildlife Refuge: Refu eg Manager Howaw~TPia®~~STORMWATER ~F~ANCH Mailing Address: 205 South Ludington Dr., P.O. Box 329 Columbia. NC 27925 Telephone Number: 252/796-3004 X226 Fax Number: 252/796-3010 E-mail Address: howard phillips@fws.~ov (note there is an underscore between the names) 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name:N/A Company Affiliation: Mailing Address: Updated 11/1/2005 Page 1 of 13 Mailing Address: Telephone Number: E-mail Address: III. Project Information Fax Number: Attach a vicinity map (Maps 1 and 2) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan (Maps 2,3,4,5,6) showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full- size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. Please see attached maps 1-6. 1. Name of project: Pocosin Lakes NWR: Hydrolo~y Restoration for Watersheds 1 and 2 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Pocosin Lakes NWR is Federal and does not have a county parcel number. The refuge's tax exempt number is 84-064-6091 4. Location County: Washin tg on, Hide, Tyrrell Counties Nearest Town: Plymouth, NC Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Drive Hwy 64 east to Plymouth. Turn south onto Hwy 45 and follow suns to Pocosin Lakes NWR, Please see attached maps for locations of WS1 and 2 . 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Updated 11/1/2005 Page 2 of 13 Decimal Degrees (6 digits minimum): Note -our GIS only goes to 5 digits for decimal degree coordinates. The coordinates for the center of WS 1 is -76.493 W, 35.693 N. The coordinates for the center of WS2 is -76.379, 35.716. 6. Property size (acres): WS 1 is 17,280 acres, WS 2 is 10,212 acres 7. Name of nearest receiving body of water: WS 1 and WS 2 drain into Pungo River, New Lake, and the NW Fork of the Alligator River. 8. River Basin: WS 1 and WS 2 are in the Pasguotank and Tar-Pamilico water basins. (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Congress established the 12,000-acre Pungo National Wildlife Refuge in 1963 by the authority of the Migratory Bird Conservation Act of 1929 and the Fish and Wildlife Act of 1956. The Service established the Pocosin Lakes National Wildlife Refuge in 1990 and made the Pungo Refuge a unit of the refuge. The refuge now includes 110,106 acres of mostly pocosin habitat. Pocosins, also known as southeast shrub bogs, are characterized by deep peat or organic soils. Prior to refuge ownership, ditches and canals were constructed to drain the pocosin wetlands to provide access for timber harvest, agriculture and pasture purposes. Under natural conditions, the peat soils are normally saturated with water creating anaerobic conditions. These wetlands serve as ecological filters by binding mercury and other impurities to the peat. Presently, the peat soils are in an unnaturally dry state which results in oxidation and erosion of the peat. The oxidation reaction releases mercury, nitrogen, carbon, and phosphorous from the peat to leach into the canals. The artificially drier peat is also highly combustible which contributes to catastrophic wildfires. Historically, catastrophic wildfires have resulted in severe ground fires causing drops in elevation of up to three feet. Due to the potentially high fire danger and the need for access to achieve other refuge objectives, maintaining adequate road accessibility is a priority. One of the primary objectives of the refuge is to protect and restore pocosin wetlands. This proposed project would restore, to the greatest extent possible, the natural sheet flow hydrology on the refuge while maintaining adequate road accessibility and avoiding impacts on adjacent landowners. The Natural Resources Conservation Service's (NRCS) hydrology criteria for wetlands states that water must be present in the top foot of the soil for 5% (11 to 13 days) of the growing season which extends from March through May. In its current state, a significant amount of land adjacent to these ditches and canals (e.g. up to 300 feet of land on each side of a canal) is not meeting the hydrology criteria for wetlands. This restoration project would restore, to the greatest extent possible, the hydrology in these areas. 10. Describe the overall project in detail, including the type of equipment to be used: Updated 11/1/2005 Page 3 of 13 The hydrology restoration project would involve two steps. The first step includes: - installing new and/or replacing old leaking water control structures with flashboard risers and culverts at sites along the canal system corresponding to approximately one foot changes in elevation and - installing earthen ditch plugs at strategic locations in the canal system to manage the water levels in the adjacent land blocks. The second step includes performing routine canal and road maintenance work along strategic sections of the road/canal system which will result in an increase of the elevation of certain roads by one to two feet. Please see maps 4,5,6. As you can see, all of the work will occur in previously disturbed areas (canals and road beds). The project is described in detail in the Pocosin Lakes NWR Hydraulic and Hydrologic Study and Water Management Plan (HRP) prepared by hydrologists with the NRCS and enclosed with this application. Step 1. All culverts would be installed with the least amount of disturbance to soil as possible. To minimize sedimentation during installation of water control structures with flashboard risers, cofferdams would be temporarily placed (please see attached drawings) in canals. After the area behind the cofferdams is dewatered, the structures would be installed. Following installation, the material from the cofferdams would be removed and placed on the existing roadbed between the existing earthen berms (the majority of the refuge's roads have berms present on both sides of the roadway). If a berm is not present, two will be created, one on each side of the roadbed. This will prevent potential runoff of the wet cofferdam material into the canals and adjacent wetland. Once the material is dry, a dozer and grader will shape the material as part of the roadway. Step 2. Routine canal and road maintenance consists of cleaning out sediment from the bottom of the canals and placing the material on top of the adjacent roadbed using an excavator. The material is allowed to dry and then shaped with a dozer and grader. Routine canal and road maintenance does not require 404 permits because the activity does not impact jurisdictional waters or wetlands (for example, see attached USACOE Action ID 200411017) but we're including it in this PCN since it is part of the HRP. To accommodate the hydrology restoration effort, canal and road maintenance work is done on the south and west sides of the hydrology management units to allow continued access along the roads after the hydrology is restored. To prevent erosion, common bermudagrass (Cynodon dactylon) would be planted in the area around the structures. Common bermudagrass is a favorable cover species to prevent erosion because it has a fast germination time. In addition, sorghum- Sudan grass (Sorghum bicolor) would be included in the seed mixture to provide a quick temporary cover. Other plant species to be included in the seed mixture would include a cereal grain crop (e.g; rye grain or wheat) and deertongue (Carphephorus spp.). The area would be site Updated 11/1/2005 Page 4 of 13 prepped with two tons of lime and 1000 pounds of 10-10-10 fertilizer per acre. Following the seeding, the area will be mulched with approximately 3,000 pounds per acre. 11. Explain the purpose of the proposed work: In 1994, the Pocosin Lakes NWR Hydraulic and Hydrologic Study and Water Management Plan (HRP) was prepared for the U.S. Fish and Wildlife Service by the USDA Natural Resources Conservation Service. The proposed action would restore, to the greatest extent possible, the natural sheet flow hydrology on the refuge. Restoring the hydrology, along with other management actions, will restore and enhance wildlife habitat for native species thus increasing the quantity and diversity of wildlife on the refuge for the continuing benefit of the American people. This restoration project will not have negative effects on off-site water quality; in fact, the project will improve water quality in these areas. Recently, the Secretary's Office of the Department of Environment and Natural Resources (NCDENR) provided funding for this hydrology restoration specifically based on the anticipated water quality benefits. The project will return lands to a saturated condition and re-establish their nitrogen, phosphorus, and carbon sequestration function. We anticipate that the restoration of WS 1 alone will allow retention of over 1.5 million pounds of nitrogen per year (nutrient pollution that may otherwise have entered local waters, some of which are already designated as "nutrient sensitive" by the state); consequently, the project should reduce the potential for local water quality degradation. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The refuge has been trying to complete hydrology restoration work on the refuge since the early 1990s when Pocosin Lakes Refuge was first established. In 1994 the USDA NRCS completed the Pocosin Lakes NWR Hydraulic and Hydrologic Study and Water Management Plan (HRP). One of the challenges facing the refuge in implementing this plan was funding. The HRP was implemented as funding became available. Appropriate permits from the US Army Corps of Engineers (Corps) and the NC Division of Water Quality (NCDWQ) that were previously obtained for completion of WS 1 activities have expired. Representatives of both agencies met with Service staff in June and December 2007 and reached agreement on necessary steps to assure compliance for activities occurring in WS 1 and WS 2. The Service received confirmation on Apri12, 2008 from the Corps that a Nationwide Permit 27 was issued with special conditions for WS 1 Updated 11/1/2005 Page 5 of 13 and WS 2. The Service continues to work with both agencies to meet all regulatory requirements. Recently, funding has become available to complete all the remaining work in the HRP. Coastal America money from our Raleigh ES Office and the Secretary's Office of the Department of Environment and Natural Resources (NCDENR) provided partial funding for this hydrology restoration specifically based on the anticipated water quality benefits. This year, the USFWS has committed additional funding (>$500,000) for this project and it must be obligated during this fiscal year or we risk losing the funding for this important work. The majority of WS 1 hydrology restoration work was completed under the Permit Action I.D. 199503799 (maps 4 and 5). The permit was to install thirteen paired flash-board risers and three ditch plugs at various locations for the restoration of wetland hydrology to approximately 17,280 acre wetland restoration site. The permit was issued on November 3, 1995 and expired on December 31,1998. In accordance with the Hydrology Restoration Plan for WS 1 and under this permit, nine of the thirteen proposed water control structures with flash-board risers (structures) have been installed and three ditch plugs have been placed at various locations. Of the four structures remaining, we have determined that one is no longer needed. The other three are shown on the attached map. Two additional structures are also needed and shown on the Maps 4 and 5. One structure is located in the canal along Allen Road. The second structure is located in the canal on the south boundary of the refuge on Clayton Road. In 2007 we have had two meetings and numerous email correspondences with regulatory agency representatives about this project. The first meeting and site visit was held on June 19, 2007 and included DWQ representative Mr. Kyle Barnes, USACOE (COE) representative Mr. Tom Steffens, and USFWS staff. The second meeting was held on December 12, 2007 and included Mr. Barnes, two representatives from the COE, three representatives from USDA- Natural Resource Conservation Service, and FWS staff. During these meetings, we discussed the HRP and work to be conducted in WS 1 and 2. At the June Meeting, for WS 1, Mr. Tom Steffens recommended we submit a letter to the USACOE requesting an extension to permit number 199503799 and a minor modification to cover the two additional structures. This request was submitted in August 2007. Following the December meeting, Mr. Steffens asked us to resubmit this request, which we did in December 2007. The Corps issued Nationwide Permits (# 27) for WS 1 and 2 in March 2008. Please see enclosed copies. Mr. Barnes recommended we notify DWQ Central Office in Raleigh about the project. On February 8, 2008, we submitted a letter to DWQ's Central Office along with five copies of our correspondence with the USACOE about using NWP 27 for this work, five copies of our Federal Consistency Determination, and a copy (on CD) of our HRP. Unfortunately, in April we found out that DWQ lost the package. We are therefore resubmitting the application using the PCN form as requested. V. Future Project Plans Updated 11/1/2005 Page 6 of 13 Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional work is planned within WS 1 and 2. However, another proposal for similar work in Watershed 3 (see enclosed maps) will be forthcoming. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: All restoration work will occur in existing canals, ditches, and roadbeds (i.e. areas that are already disturbed). While some minor sedimentation back in to the canals may be possible, with the water control structures in place, the canals function like sediment basins thus avoiding any off site impacts. In addition, appropriate sediment control measures will be taken as described above. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, cPnarately list imnartc dne M heth stnlcture and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) No work will occur in wetlands and no WS 1 & 2 negative impacts on adjacent wetlands are anticipated. Restoration will WS 1 & 2 enhance wetland functions and values in pocosin no -7,920 27,492 adjacent wetlands Updated 11/1/2005 Page 7 of 13 Total Wetland Impact (acres) 27,492* * these are positive impacts (enhancement) 3. List the total acreage (estimated) of all existing wetlands on the property: 100,000 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. The proposed action would restore, to the greatest extent possible, the natural sheet flow hydrology on the refuge. This restoration project will not have negative effects on off-site water quality. The project is good for water quality. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) 1 Pungo Lake Improve water Lake 2,800 ac quality 2 New Lake and other Improve water Lake 4,800 ac nutrient sensitive waters quality -10 3 Pungo River and other Improve water River linear nutrient sensitive waters quality miles of river Updated 11/1/2005 Page 8 of 13 ~18 Northwest Fork of Improve water linear 4 Alligator River and other quality River miles of nutrient sensitive waters river 7,600+ Total Open Water Impact (acres) acres 6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect: Stream Impact (acres): N/A Wetland Impact (acres): N/A O en Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) N/A Total Stream Impact (linear feet): N/A 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes X No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): N/A ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. No significant negative impacts to waters of the US or NC are anticipated. Significant wetland and water quality enhancement is expected. Updated 11/1/2005 Page 9 of 13 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version.). 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP Updated 11/1/2005 Page 10 of 13 website at http://www.nceep.net/pales/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes X No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes X No ^ This project has been considered a categorical exclusion per the Department of Interior's Departmental Manual 516 DM 8, Section 8.5 (see attached Environmental Action Statement). However, the Service is now considering developing an EA. 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No X X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No X 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buff Updated 11/1/2005 er multi liers. Zone* Impact Required (square feet) Multiplier Mitigation Page 11 of 13 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20°Io, please provide calculations demonstrating total proposed impervious level. N/A XII. Sewage Disposal (required by DWQ) 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 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No X Is this an after-the-fact permit application? Yes ^ No X XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No X If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed action would restore, to the greatest extent possible, the natural sheet flow hydrology on the refuge. The project will return lands to a saturated condition, re- establishing their nitrogen, phosphorus, and carbon sequestration function. This restorationproject will not have negative effects on off-site water quality. The protect is Updated 11/1/2005 Page 12 of 13 good for water quality. We anticipate that the restoration of WS 1 alone will allow retention of over 1.5 million pounds of nitrogen per year (nutrient pollution that may otherwise have entered local waters, some of which are already designated as "nutrient sensitive" by the State); consequently, the proiect should reduce the potential for local water quality degradation. The Hydrology restoration will improve water quality in Pungo Lake, New Lake, Pungo River, NW Fork of Alligator River and other nutrient sensitive waters XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). i; ~~ ApplicantlAgent's Signature ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 13 of 13 Roper ~ $A N~ `~ a ~I ~f ~' I A~ ~~ Pungo Observation Platform Pungo Shop ~i Creswell ~d Cherry Rd Ambrose Rd Weston Rd Lake Phelps i ~ , ~ 1 r ` =~ + ~ P r ungo L k ~ - C: ~ a e 1 I r ~ 1 ~ r r r r i ~ '~• I Field Station ~~ Columbia Seagoing 6 9 '` Map 1 Refuge HQ i Walter B. Jones Sr. Centerfor the Sounds 1 `Pr `4 4 ~. ~ 1 ~ Frying Pan ....< _., ~",~. r.. ,,.-~r -_ Legend = Highway Roads Open to Licensed Vehicles - - -Roads Closed to All Vehicles Refuge Lands Water Bodies Charles Kuralt Trail (Open to Licensed Vehicles) ^Miles Millennium Forest 12 Map 2 Pocosin Lakes NWR: Hydrology Restoration Watersheds 1, 2, 3 i J __ 18491999 Watershed 3 `~ Lake Phe Ips Watershed 2 Pungo I Watershed 1 [; N ~~ _ ,_ 0 2.5 ~ 10 Miles r~ ` Legend NewL.ake Watershed 1 __J ' ~- Watershed 2 ~~ Watershed 3 Refuge Roads Water Bodies Refuge Land i Map 3 frmr~wn,m.me - _ ~ .~ E LIS114'll'L Pocosin Lakes NWR: Hydrology Restoration Watersheds 1 and 2 ~J_ p ~ [~ # ss ~__ rt.V~ ty4 ~~. ' } f Vllatershed 1. ~ ~' . ' ` N ~ ~ P 17,?80 acres ~=: ~ z~~ '~'~~ ~ ~ 1 ,'~+' t, ~_ Lake Phelps ~~~ ~ •, ., _ ~ ~~ ~` ? ~' l.~,.~ ~•"``: ~. rRw .p~'' ~ ~~ cd"?..e.;5 ~r~~ ,~~+ .A, rt'i y. ,t. ,, w.,~ ~l~ ~~ • l •. ,. ~ .~ ., ~~ ~ ~ ~ • ., Lake ~ t ~ . ~~a '~ ~ ~ v tf ' ~. r } ~', ~f~ ~ _ ... _ .. ~ _ ,-- -- fir.;. -~ ~ B~ ~ 1.,., . ~ -- ` ~ '` ~~ '~ ~ ~~ ~~ ~'t Watershed 2: Y ,.. g ~` ~ ~ ~~ ~~~ -~ ~~a' ~,;. "~" t, ,' :10,242 acres `~;f ~•~ ~ ~ • ~{x r ~'. ~ ' ' _ J ~' ° .. f ~ , y ~ Legend - ~ - T %~~~ r~r~# ~ ~~ ` "~~t'-' i `~ Watershed 1 t ~ ~~' ,~. ... y ,. .. s~. i~ • ~T ,~ ,~ r r ~ ~ ~ Watershed 2 i ~ !~ t t a ~ New Lake r ',~ ~ f r' - "~~ ~ ~r ~` r~ Refuge Boundary °• ,~-~ ~~V.w I ~^ - , ~ ~~, '~~s r t`i'p.. ~ Y~ N,- ~Y Ar ._. ._. . ~~ ;~tr~'' %~ ~ ~ 1.~ 3 6 Miles ,~. y Maq 4 ~ j.~;~ ~... iii y Pocosin Lakes National Wildlife Refuge ~r, i ~ ' - - ' = s-~ h, r- - - - _~ ~ ,~ ',~ . „ . _ _.. - -- ~7'~ Pungo Lake ,~, 7 - ~ _ _ _-- ---- _ ~. - _r ,. t Aare ~ _-. h tip. y1~yr~~ r C , _. . !~. ~ ' - tt'. . a f - ~ - -. ~p >. p i ^w. ~ i s ae c y 'rl' ~ ~ >i,y ~ ~ _ + ~ ~ _ _ ,: ~n ~ ._.~ ~ ~_ ~.. ._ 1 ! ..Sd -~ day .v. ...~ .I I . ~ ~ :. ~ . .. ::' S. R /. ,. ~~~~f f _ . ~ ~- Legend ~~y 1 ~ _ ___ --- .~r.,_,.,~ - .. {~„ ,,~ ,_<<,r ! ~ Refuge Boundary ~' _ . ~. .,,~ ,~,~. '~ ~ P . _ Water Control Unit r- '~ ~ 'r. ~ _ ~ ; ~; ~ ~~' ,:~ ~ - • Planned Water Control Structure '~ '~~'", - `~"~ '" T., „'~ ~~~'" ~:= i '~~_ ~ ~ 0 Existing Water Control Structure -ry ~ .'.~ ' ~ ~ _ ~~~~~~ ~ ~ rA ~ ~ bT_ `-"'~` s Existing Earthen Ditch Plug ~- __ _ _ .:. r ^: •~~# ,, .: ,, - ~-~ f ~- - - } 1 1 t ~ f ~ t~x T f a ~~aa ~ S l b b ~ g 0 T70 1,400 2,800 4,200 5,800 f ~/. .gam 1 1", i~ ~ ~ Metes ~~ `~_ Po co sin Lakes NWR: Remaining work to be conducted in Watershed 1 Allen Road Pungo Lake Hyde Park Rd Legend Refuge Boundary Refuge Roads Refuge Lakes C_ Watershed Minor Modification: install new water conrol strucuture and flashboard riser ~,~ Install new water control Structure and flashboard riser r~ ``~- ti~,^ ,r0 0.350.7 1.d Phelps Lake Clayton Road DeHoog Road Map 5 4'1 ~~~~, - - =t t~.,.,.. ~r ,. ~ ~ - ! r ~~ ~~ ) ~s +, ~ _--~ Legend _ t~. _. _ a ,m Replacement of old culverts to double culverts ~~i Proposed Flash Board Risers • Proposed Earthen Ditch Plugs • Proposed Culvert ® Refuge Lands Surface of Ground V~iater surface to 1 ft below buffer 2.5 below surface :v ~_t 0 • ~ ~ ~ ~ • • ® ®- ~ • ~• .~. :~ Map 6 .. ~. f ~S ~~ ~ y ~ ~~;~ ~~er ;, .. \~~, e~ ~~€ ~_ __ 9 3 V _. P ~ iz ~~ `~,, ~~ ~, ~~ f{,; ~. ~~ ~Q~.tiaie ~1~5~, ~~ s~~ ~~~5~ `~ ~e~v~~ ~, ~~ ~<<~ ~. ,r~. ~. ~ e.~ ~'1c~r.~,.~ ,» t~5~n ~~~`~ '~D w c~gr' ~~ ~~~~ "P ~~ c ~~~_ { 3 ~ r~ t ~ - . r az __. ..~ ~~ ~, :.~ »~~ _ ~, ~~ ~~~ ~~ ,~ ~; ~ .~ ~ ~'~ ~, --_.__ ~~~ ~. ~~ ~~ ~ .~ Zri s, ~.~.. ., s ~~ '~ ~~ ~~__. ~ ~ '~ ~._. ~~ ~ ~~~ __ ._ _~~ r ~ ~ ri -- __ .._. ---__.. _._._.__.__ _.__.___f _._.__.-_ ~~~0 _ _ --- ----- ____. ~o i~c'ti rte.. ~~a~~ ~'~ ~. ~ a ~'~::~~'°~... ' .:: ~_ r" .__ .. ~ ~ ~ .._. ~...__~__.e.~ .:_, ~~~~ ~ ~~~~~ ~ ,r''~ ~" ~-p~~c,.e C~ `,, CC / ~ ~ r ~`~ . Q'~' ~ ~J~~~ ~C~l ~~. ~~~~ _~__ ._ _ . b o'~'~D ~ C ~` ~ , Y~O ~ ~ S ~ ~~ ~5`!'~~~ ~ ' ~. l'`'.~' ~~~ ~- ~.~ .~~ ire a w~. Cre. Yl~.w~~ ~~ ~~~~.~e~., c~.~~.~. f C.~~ ~ y C i r*+, .~.,_ 1 ,. r ~, \ , ~~ ~..~ `ll ~.U ~ ~ ~" ~„~ ~~f}~ ..~~ ~~a .-, .~., ~~~ ,.~ ~ r l'"~., v'". ~_ ~ ~ - ~ ~~_y o ~-=~ ~ I ~. _-_~- a~i ~~r~~~drs _____..~. ___ G d ~'"..... i_. 'V1.1 ~) ~--loc„ ~ 9 ~ ~ ~r r .~'` ~F, ~ y ~. ,__... ._ _.... ~~~ ~ ~,. ~. ~~~~ `~"'-,.. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200801166 County: Tyrrell USGS Quad: New Lake NW GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: USFWS Pocosin Lakes NWR Address: 205 South Ludington Drive Columbia, North Carolina 27925 Telephone No.: 252-796-3004 Size and location of property (water body, road name/number, town, etc.): Approx 17,280 ac parcel, aka Watershed 1, located south of Lake Phelps, north of Fred Gall Road, east of Pungo Lake, and west of Evans Road, in Pocosin Lakes National Wildlife Refuge Property, near Creswell, Hyde, and Washington Counties, North Carolina.. Description of projects area and activity: Approx 17,280 acres of agricultural fields known as Watershed 1. Installation of 5 water control structures/flashboard riser systems designed to retain stormwater and surface runoff to complete a hydrology restoration proiect This proiect was originally permitted under now expired Individual Permit #SAW-1995-03799. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Washington, NC, at (252) 946-6481. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tom Steffens at 252-975-1616 ext.25. Corps Regulatory Official / r`1~~~7~ r~-'~~~' a ~ Date: 04/02/2008 Expiration Date of Verification: 04/02/2010 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http•//regulates usacesurve~om/ to complete the survey online. Page 1 of 2 Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 07/03/2003. Action ID 200310728 Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a very broad continuum of wetlands abutting Lake Phelps and interconnected by named four drainage canals draining south to the Pungo River, a TNW. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Tom Steffens, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 06/02/2008. **It is not necessary to submit an A fo to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ~~ ~ 7~1~ !'-~ =` Date 04/02/2008 ~ Expiration Date 04/02/2010 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: NCDENR Central Office 401/Buffers Unit Page 2 of 2 Apri12, 2008 Regulatory Division ORM ID: SAW-2008-01166 US Fish and Wildlife Service Attn: Mr. Howard Phillips Pocosin Lakes National Wildlife Refuge 205 South Ludington Drive Columbia, North Carolina 27925 Subject: Permit Special Conditions Your work is authorized by Nationwide Permit 27 provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: a. All work authorized by this permit must be performed in strict compliance with the project plans and specifications, entitled Pocosin Lakes National Wildlife Refuge, Hydraulic and Hydrology Study and Water Management Plan (Plan), dated June 1994, which are a part of this permit. b. The Permittee shall maintain water levels within the approximately 17, 280 acre restoration area so as to not permanently pond or impound water on the area. Water levels shall be allowed to fluctuate naturally, thereby mimicking hydrology patterns specific to Pocosin wetland ecosystems. c. The Permittee shall follow all recommendations concerning the staging of water within Watershed 1 as indicated in "Section 3.2, Recommendations; Watershed #1; (Maps lA and 1B, Appendix A), Staging Water (Watershed #1)" found on pages 11-12 of the Plan. d. The Permittee shall follow all recommendations concerning operations and management specified in "Section 3.3, Recommendations (Operation and Management Objectives, Concepts and Concerns)" found on pages 19-21 of the Plan. e. The Permittee shall follow all guidance in "Section 3.4, Recommendations (Water Management Plan) Watershed # 1, (Maps lA, 1B, and 1C, Appendix A), found on pages 21-23 of the Plan. f. The Permittee shall maintain water level at ground level and shall not "encourage water to pond", as noted on page 22, in the first and second sentence of the first paragraph of Wet Season Management, Yellow Zone (Watershed #1) of the Plan. Please refer to Special Condition "b." above. 2 If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments maybe addressed to Mr. Steffens, Washington Regulatory Field Office, telephone (252) 975-1616, r extension 25. Action ID Number:200801166 County:Tyrrell Permittee: USFWS Pocosin Lakes NWR Date Verification Issued: 04/02/2008 Project Manager: Tom Steffens Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WASHINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1000 WASHINGTON, NORTH CAROLINA 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date CESAW-RG-W MEMORANDUM FOR RECORD DATE: 04/0212008 SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID. 200801166 2. Project Name and Location: Approx 17,280 ac parcel, aka Watershed 1, located south of Lake Phelps, north of Fred Gall Road, east of Pun~o Lake, and west of Evans Road, in Pocosin Lakes National Wildlife Refuge Property, near Creswell, Hyde, and Washington Counties, North Carolina 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES If NO, Explain: b. Is compensatory mitigation necessary? NO Explain: 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO If YES, describe steps taken to address concerns: 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO b. If YES, describe steps taken to address concerns: 6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act). a. Is this a project that "may adversely affect essential fish habitat"? NO b. If YES, describe steps taken to address concerns: Corps Regulatory Official: ~- 7"~Sr~' ' x ~ x.S~...:. ~j {~ L~ IS ~~ ~~~~,~ ~~~ ~~ ~ ` s '~ ~i 1 ~ f}1 ~1~'TCA~~C}~ sC.IF AD~~~''~ A~~~~ ~~TfO~ ~ 1 :f F z ~-~t~ Y f'~ .AL'. (7 I~ i• ~S~H!~. 4 J j r«~ .~ . . ____ Y File Number: 2008-01166 ~ Date: 04/02/2008 Applicant: USFWS Pocosin LLakes National Wildlife Refuge Att ached is:NW 27 with S ecial Conditions See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission) PROFFERED PERMIT (Standard Permit or Letter of ermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SEC"PION I -The following identifies your rights a~ld options rcg~~rding anadministrati~e appeal of the above dc;cision. Additional inforn~ationmay be Found ~t httn•I/wwwusace.~-my.miUinettfunctionslcwfcecwalre~'or , Coops re~:;u(ations at 3~ CFI: Part }31. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SIC"LION II -REQUEST FOR ,~~PI'EnL or OBJECTIONS TO AN ItiITIAL PIZOI'FI?KED P~RMIh REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. PO[NT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Mike Bell, Administrative Appeal Review Officer Attn: Tom Steffens CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, NC 27889 60 Forsyth Street, Room 9M15 252-975-1616 ext. 25 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Tom Steffens, Project Manager, Washington Regulatory Field Office, Post Office Box 1000 ,Washington, North Carolina 27889 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 r . U.5. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200800991 County: Tyrrell USGS Quad: New Lake NW GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: USFWS Pocosin Lakes NWR Address: 205 South Ludington Drive Columbia, North Carolina 27925 Telephone No.: 252-796-3004 Size and location of property (water body, road name/number, town, etc.}: Approx 10, 212 ac parcel, aka Watershed 2, boundaries are defined by the William/NWR property line to the north, Evans Road Canal to the west, Southwest Fork to the east, and the All Star Foods property line and Alligator Lake to the south. Predominately southeast of Lake Phelps, near Columbia, in Tyrrell, Hyde, and Washington Counties„ North Carolina. Description of projects area and activity: Approx 10,212 acres of pocosin wetland known as Watershed 2, to be inundated to surface elevations by retaining stormwater and surface runoff. Method of inundation is by installing 18 flash board riser /water control structures, l6 single and 8 double culverts, and placing 16 earthen plugs in various ditches within the watershed boundaries. (See attached Special Conditions). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Washington, NC, at (252) 946-6481. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tom Steffens at 252-975-1616 ext.25. Corps Regulatory Official ~ i ~=/~~'i~ 5 Date: 04/02/2008 Expiration Date of Verification: 04/02/2010 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://re u~ latory.usacesurvey.com/ to complete the survey online. Page 1 of 2 Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ^ There are Navigable Waters of the United States within the above described~~project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 07/03/2003. Action ID 200310728 Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a very broad continuum of wetlands abutting Lake Phelps and interconnected by named drainage canals draining to the Pungo and the Alligator River; both TNW. Appeals InfOrmati0n (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Tom Steffens, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 06/02/2008. **It is not necessary to submit a RFA f rm to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ~ /ls / Gj r~~~' ~ ~ `7 Date 04/02/2008 Expiration Date 04/02/2010 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: NCDENR Central Office 401Buffers Unit Page 2 of 2 Action ID Number:200800991 County:Tyrrell Permittee: USFWS Pocosin Lakes NWR Date Verification Issued: 04/02/2008 Project Manager: Tom Steffens Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WASHINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1000 WASHINGTON, NORTH CAROLINA 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date CESAW-RG-W DATE: 04/02/2008 MEMORANDUM FOR RECORD SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID. 200800991 2. Project Name and Location: Approx 10, 212 ac parcel, aka Watershed 2, boundaries are defined by the William/NWR property line to the north, Evans Road Canal to the west, Southwest Fork to the east, and the All Star Foods property line and Alligator Lake to the south, near Columbia ,Tyrrell County, North Carolina 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES If NO, Explain: b. Is compensatory mitigation necessary? NO Explain: 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO If YES, describe steps taken to address concerns: 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO b. If YES, describe steps taken to address concerns: 6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act). a. Is this a project that "may adversely affect essential fish habitat"? NO b. If YES, describe steps taken to address concerns: Corps Regulatory Official: ~ ~ ~t ~'/~- ~`~~% Apri12, 2008 Regulatory Division ORM ID: SAW-2008-00991 US Fish and Wildlife Service Attn: Mr. Howard Phillips Pocosin Lakes National Wildlife Refuge 205 South Ludington Drive Columbia, North Carolina 27925 Subject: Permit Special Conditions Your work is authorized by Nationwide Permit 27 provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: a. All work authorized by this permit must be performed in strict compliance with the project plans and specifications, entitled Pocosin Lakes National Wildlife Refuge, Hydraulic and Hydrology Study and Water Management Plan (Plan), dated June 1994, which are a part of this permit. b. The Permittee shall maintain water levels within the approximately 10,212 acre restoration area so as to not permanently pond or impound water on the area. Water levels shall be allowed to fluctuate naturally, thereby mimicking hydrology patterns specific to Pocosin wetland ecosystems. c. The Permittee shall follow all recommendations concerning the staging of water within Watershed 2 as indicated in "Section 3.2, Recommendations; Watershed #2; Staging Water" found on pages 13-15 of the Plan. d. The Permittee shall follow all recommendations concerning operations and management specified in "Section 3.3, Recommendations (Operation and Management Objectives, Concepts and Concerns)", and in particular "Section 3.4, Recommendations (Water Management Plan) Watershed # 2, (Maps 2A, 2B, and 2C, Appendix A), found on pages 23-25 of the Plan. e. The Permittee shall follow all guidelines on water level and ground elevations in each of the Green, Yellow, Pink and Blue Zones within Watershed #2 as described in Section 3.4, Recommendations (Water Management Plan) Watershed #2, (Maps 2A, 2B, and 2C, Appendix A), found on pages 24-25 of the Plan. t 2 e. The Permittee shall manage ditch water levels to the surface of the ground in all zones of Watershed #2. Reference the last sentence in Paragraph 1 of Management Zones (Watershed #2), page 23 of the Plan. If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments maybe addressed to Mr. Steffens, Washington Regulatory Field Office, telephone (252) 975-1616, \/~ extension 25. '! ~.. { ' ar £ .}{Yhh~C~hE ~Y~~ ~£~"~ h~~~- d ~f~Ii ~4~L.}a"L ~ '• '~ ~(~ (~ ly y{'~~ rye. Y 1.4 ,c~yF~ ~, ~(~4J ~I~~Ci A ~}~~y~^t~~~~~~~ 1 ~~ '' i ~ `~ ~0~1+1~~~~~~~ ~?; j['[^~Y'"~ }~}("~j~F S~ t '1 ~IKA~~ 'r ; ~ I A~~ity W ~~ <'.'. RL'.Q V L:~J tr'1' lll~ ~P~~~ '3 ~w.. } t~s y ~e w ~ ~,~i~ c.: ~ . ..~ '...r .., ~t c}A~t~ ~ ~'i',.y ~~ti..-. .~~ «i~~~y%:. 't' T„ ~ { E A1. ~~~~.. Y.~1"'1T. ~ n''Y'] b { 1 .`.i~ C4~,1p.Y»: 'r~ Y: ~. c s . ~ t,, Applicant: USFWS Pocosin Lakes NWR File Number: 2008-00991 Date: 04/02/2008 At tached is:NW27 w/Special Conditions See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION '~ E SECTION I -The following identifies yourrights :and Q~tions regarding ati'admiristrative appeal of the'~bove , decision. Additional iniornlation maybe found at http://www.usace.army.miUinet/functions/cw/eec'vo/red or ;. Corps res~ulations at 33 CI~R Part 33 L ~ ~- A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section Bbelow. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form. and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 5 E' PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. . SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINI~ OF CONTACT FOR QUESTIONS OR INFORMIATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Mike Bell, Administrative Appeal Review Officer Attn: Tom Steffens CESAD-ET-CO-R Post Office Box 1000 ~ ~ U.S. Army Corps of Engineers, South Atlantic Division ~ Washington, NC 27889 ~ 60 Forsyth Street, Room 9M15 . `; 252-975-1616 ext. 25 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Tom Steffens, Project Manager, Washington Regulatory Field Office, Post Office Box 1000 ,Washington, North Carolina 27889 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action lD: 200411017 County: Hyde NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED ° ~ ~~E !~ '`~ ~~ ~~r~ u 0~ oa~~ R~C~O Property Owner /Agent: Pocosin Lake National Wildlife Refuge Refuge ~r _~.- - ---- Address: Post Office Box 329 Asst Mgr _____ ______ Columbia, North Carolina 27925 FMO _ -- - Telephone Number: 252-796-3004 Biologist ___--- Public Use - ff~ce Asst Size and Location of Prop_erty (waterbody road name/number, town, etc.): ~~ina ih located on west side of Pats Road (SR 1300) Ditch drains fields located lust north of USF'WS Pungo Unit depot. Description of Activity: Level out spoil removed from ditch. All grading activities will occur immediately adiacent to ditch and on existing access road. Spoil shall not be placed in wetlands. Your work as proposed does not require Department of the Army authorization for the following reason(s): _ There are no jurisdictional waters or wetlands within the boundaries of the property. X The proposed project does not impact jurisdictional waters or wetlands. _ The proposed project is exempt from Department of the Army regulation. Specify: This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management in Washington, North Carolina, at (252) 956-6481 to discuss ary required State authorization. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions~regarding the Corps of Engineers regulatory program, please contact William Wescott at telephone number (252) 975-1616 25. Regulatory Project Manager Signature, Date: 01/05/2004 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. United States Army Corps of Engineers Tdovember 3, install thirteen (13) paired flashboard 1 9 95 risers and three (3) ditch plugs at variuos locations for the restoration of wetland hydrology to approximately A permit to 17,280 acre wetland restoration site. south of °helps Lake and north of Fred Gall F.d, east of Pungo Lake and at west of Evans Rd, on Pocosin Lakes National Wildlife Refuge property. The United States Department of Interior has been issued to Fish and Wildlife Service On Tdov. 3 19 95 Pocosin Lakes National Wildlife Refuge Address of Permittee c/o Jim Savery, Route 1, Box 195B, Creswell, P1C 27928.:. Permit Number ACTIOTd ID 41199503799 District Commander ROBERT J. SFERBERG COLONEL, EN ENG FORM 4336 , ~U~ 81 (33 CFR 324330) EDITION OF JUl 70 MAY BE USED (Proponent: CEC~^' " DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U° P.O. BOX 1890 , °. WILMINGTON, NORTH CAROLINA 28402-1890 ~•~° REPLY TO ATTENTION OF November 3, 1995 ?t Regulatory Branch Action ID. 199503799 The United States Department of the Interior Fish and Wildlife Service Pocosin Lakes National Wildlife Refuge c/o Mr. Jim Savery, Manager Route 1, Box 195-B Creswell, North Carolina 27928 Dear Mr. Savery: In accordance with your written request of June 22, 1995, and the ensuing administrative record, enclosed is a permit to install thirteen (13) paired flashboard risers and three (3) ditch plugs at various locations for the restoration of wetland hydrology to approximately 17,280 acre wetland restoration site located south of Phelps Lake and north of Fred Gall Road, east of Pungo Lake and west of Evans Road, on Pocosin Lakes National Wildlife Refuge property, near Creswell, Hyde and Washington County, North Carolina. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, the plans revised to show the change must be sent promptly to this office. Such action is necessary, as revised plans must be reviewed and the permit modified. Carefully read your permit. The general and special conditions are important. Your failure"to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: a. You must complete construction before December 31, 1998. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. The enclosed Notice of Authorization, ENG Form 4336, must be conspicuously displayed at your worksite. Sincerely, ( ~ '~ ~; /~ -~'~.` James H. Bradley ` Chief, Construction-Operation Division Enclosures Printed on ® Recycled Paper -2- Copy Furnished (with enclosure): Director, Atlantic Marine Center National Ocean Service ATTN: MOA23X1 439 West York Street Norfolk, Virginia 23510-1114 Copies Furnished (with special conditions and plans): Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 _,~ .. , ;y DEPARTMENT OF THE ARMY PERMIT The United States Department of the Interior Permittee Fish and Wildlife Service Permit No, Issuing Office 199503799 CESAW-CO-RW NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of .the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below, Project Description: To install thirteen (131 paired flashboard risers and three l3) ditch plugs at various locations for the restoration of wetland hydrology to approximately 17,280 acre wetland restoration site. Project Location: Site located south of Phelps Lake and North of Fred Gall Road, east of Pungo Lake and West of Evans Road, on Pocosin Lakes National Wildlife Refuge property, near Creswell, Hyde and Washington County, North Carolina. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on D _cPmher 31 . 1998 , If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi- tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina- tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 e~iTiorv of seP s2 is oeso~eTe. (33 CFR 325 (Appendix A)) e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature Belo , g`s permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PER EE) THE UNITED S ES DEPARTMENT OF THE INTERIOR (DATE) FISH AND WI IFS SERVICE This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. 2 J/r~r ~. ~. f _ ~.~ t,~ (DISTRICT ENGINES ROBERT J. SPERBERG, COLONEL, EN (DATE) J When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 3 nU.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425 SPECIAL CONDITIONS a. The permittee will maintain water levels within the 17,280 acre restoration area so as not to permanently pond or impound water on the area. Water levels should be allowed to fluctuate naturally, thereby mimicking hydrology patterns specific to pocosin wetland ecosystems. b. Excavation, filling, and/or mechanized landclearing will not be undertaken at any time in any waters or wetlands outside of the permitted project boundary. c. The temporary placement or double handling of excavated and/or fill materials within waters and/or wetlands is not authorized. d. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. e. All disturbed areas will be immediately stabilized and maintained to prevent erosion and sedimentation into adjacent waters and/or wetlands. No fescue grass will be planted within wetlands to facilitate stabilization. f. Equipment utilized to conduct this work will be restricted to working within the project area, and .will not enter any adjacent, undisturbed wetland areas. g. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 'ocosin Lakes l~lational Wildlife Ref:~t LOC/~T10N M/~P :ittt>Z TAU~Iu S11Ft, ou~--;a. '1,C.. ?2•:0-91 ~STE2N NG~ i H C,~IR~I i ~~~ me l~s L~~ke- ~~ :~ s ~`~ ~• ~ ~~ ~ -~~ .~' .L ~~ ~' ~ ~ ~ ~ t ~~ ~ / ~/ ~ ~/ ~~ri~o ~ / / // , / / / ~ / ,~ , ~_ • 'L Tn~,Cc~~ ~rea.. ~ ~ / ~ , 1 G~ ~~~~ ~~~!~ ~ ~ ~ r ~~ FI~,S~ bogK ,, c„ores' ~ ~'~'C4 L .Z I l y 1 e ~~ ~~ ~ rte, ~~ t a ~ ~I ~ FAG S !~ bogrC~ / IZ~Se~S ~ / ~ro o S e~ ~a~ ~'e'"` ~/ ~ J ~, n ~_ 1„ . a 1, // /o S 7, ~. 5, y 3 O aZ o (~JI~~ f,/ ~IZO rlL~, 3 o yo _ .Sa ~ ~~ i ~o ~'4 ~~ ~ l emu. ~ ~ ~ t ~~ r i I ~' ~ ~~~ ` `~'! -/~,i • /~1//~ New. ~~,¢~4.1 SG•lQs ~r~ L:rtd~ E 1 '` '~1 Cf r~'IGY Or~• IC.~s r. 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