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HomeMy WebLinkAbout20061309 Ver 1_COMPLETE FILE_20060814 Permit Class NEW Permit Number 193-06 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and pt?TF Coastal Resources Commission e r m ft for NOV 3 p 2006 X Major Development in an. Area of Environmental Con Q, NR -1"VATER 0J LI lY pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert Paul White, for Lost and Found Lumber Co., 107 Cypress Lane, Hertford, NC 27944 Authorizing development in Perquimans County at Perquimans River, various sites, in the vicinity of Town of Hertford , as requested in the permittee's application dated 5/16/06, including attached workplan drawings (3), 2 location maps and 1 recovery diagram, all dated recieved 5/16/06 This permit, issued on November 27, 2006 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Log Recovery 1) Log salvage operations shall only be carried out 2,640 feet upstream and 2,640 downstream from the four sites depicted on the attached location maps. Salvage from any additional area shall require a modification of this permit. 2) All log salvage work shall be conducted in water depths equal to or greater than -7 feet below the normal water level. 3) This permit only authorizes the-removal of logs that are fully buried by bottom sediments. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2009 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jo es, irector ivision of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee 0LP-1309 a L r! T? n r;; 7 r J v.1 i_'-am Robert Paul White ADDITIONAL CONDITIONS Permit #193-06 Page 2 of 3 4) In order to minimize impacts to juvenile finfish populations, no salvage work at Sites 1, 2, or 3 (as depicted on attached location maps) shall be permitted between February 15 and October 31 of any any year without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the Wildlife Resources Commission. 5) No log salvage work shall be carried out within 100 feet of the shoreline. 6) No log salvage work shall occur within any area(s) vegetated with submerged aquatic vegetation. 7) In order to confine suspended sediments to the immediate work area, turbidity curtains shall be utilized at Sites 1, 2; and 3 (as depicted on the attached location maps). The turbidity curtains shall fully enclose any salvage vessels and the area of active log removal. The turbidity curtain shall remain in place until turbiditylevels within the enclosed area no longer exceed those of the surrounding undisturbed waters. Other best management practices (BMP's) may be utilized in lieu of a turbidity curtain provided that these BMP's receive prior approval of the Division of Coastal Management, in consultation with other appropriate environmental review agencies. 8) The permittee shall notify a representative of the Division's Elizabeth City office at (252) 264-3901 at least two weeks prior to the initiation of log salvage operations at any site. 9) As required by N.C.G.S. 121' Article. 3, prior to the commencement of any log salvage operations, the permittee shall apply for and receive an underwater archaeology permit from the N.C. Department of Cultural Resources. NOTE: Failure to adhere to the requirements of the permit referenced in Condition No. 9 of this permit may result in a violation of this permit. 10) The proposed project was originally authorized by way of CAMA Major Permit No. 45-99. This permit only authorizes the removal of logs by the methods and equipment specifically identified in the Environmental Assessment (copy attached) which was prepared for Permit No. 45-99. 11) No logs, timbers, trees or other debris-shall be removed, repositioned, or stored in a manner that would represent, in the opinion of the Division of Coastal Management, a navigational safety hazard. Materials not intended to be taken to a shore support site shall be repositioned (unburied) as close to its original position as possible. 12) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 13) Should the Department of Environment and Natural Resources elect to test adjacent waters during log removal, and should such testing indicate toxicity and/or turbidity levels that exceed State standards, the Department may require operation to immediately cease or move to another authorized area. 14) This permit does not authorize the removal or salvage of any object or material other than submerged logs. Robert Paul White 1 ADDITIONAL CONDITIONS Permit #193-06 Page 3 of 3 15) The permittee shall maintain a comprehensive listing of the number of logs removed, sizes of such logs and general location of where the logs were recovered. Copies of this report shall be submitted to the Division by December 31St of any year in which log salvage operations take place. Failure to provide this report by the December 31St deadline may result in a violation of this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The permittee is advised that development of any shore-based support facilities may require a modification of this permit. NOTE: The Division of Water Quality authorized the proposed project by way of General Water Quality Certification No. 3400 (DWQ Project No. 061309), which was issued on 10/6/06. ,0? 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 6, 2006 Mr. Robert Paul White 107 Cypress Lane Hertford, NC 27944 Subject Property: Robert Paul White Property Perquimans River [030152,30-6-(7), SB, SC] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1309 Perquimans County Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Mr. White: You have our approval, in accordance with the attached conditions, to disturb 145 acres of Public Trust Area (PTA) within Site No. 1 of the Perquimans River bottom, 182 acres of PTA within Site No. 2 of the Perquimans River bottom, 594 acres of PTA, estuarine waters (EW) within Site No. 3 of the Perquimans River bottom, and 1,154 acres of PTA, EW within Site No. 4 of the Perquimans River bottom, to remove and recover lost submerged logs from the bottom of the Perquimans River, as described in your application dated May 16, 2006, and received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on August 14, 2006. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAIVIA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 Oversight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwettands I?` Carolina to I i An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper !" Mr. Robert Paul White Page 2 of 3 October 6, 2006 Amount Approved (Units) Plan Location or Reference PTA Site No. 1 145 acres - disturbed river bottom DCM Field Investigation Report PTA Site No. 2 182 acres - disturbed river bottom DCM Field Investigation Report PTA, EW Site No. 3 594 acres - disturbed river bottom DCM Field Investigation Report PTA, EW Site No. 4 1,154 (acres) - disturbed river bottom DCM Field Investigation Report 2. 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. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. 4. In order to minimize impacts to juvenile finish populations, no salvage work at sites 1, 2, and 3 (as depicted on the submitted location maps) will be permitted between February 15 and October 31 of any year without prior approval of the DWQ, in consultation with the Division of Marine Fisheries and the NC Wildlife Resource Commission. 5. In order to confine suspended sediments to the immediate work area, a turbidity curtain must be utilized which fully encircles the work vessels and the area of active log removal. The turbidity curtain shall remain in place until turbidity levels within the enclosed area no longer exceed those of the surrounding, undisturbed waters. Other best management practices (BMPs) may be utilized in lieu of a turbidity curtain provided the BMPs receive prior approval from the DWQ. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Once in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946/V481. `9vw v W Alan W. Klimek, P.E. AWK/ym Enclosures: GC 3400 Certification of Completion .?w i Mr. Robert Paul White Page 3 of 3 October 6, 2006 cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Street, P.O. Box 769, Morehead City, NC 27557 Maria Tripp, WCR, DENR Office, 943 Washington Square Mall, Washington, NC 27889 Filename: 061309LostAndFoundLumberCompany(Perquimans)101_CAMA A ? 2 0 0 6 ? 3oe NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 10, 2006 MEMORANDUM: TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Apr AUG 1 4 2006 OENR - WATER QUAf i7Y lication Review M0 STOFOftlt? 8RVJC4j I Applicant: Robert P. White, Lost and Found Lumber Company Project Location: In Perquimans River, in the vicinity of the Town of Hertford Proposed Project: Remove and recover lost submerged saw logs from bottom of river Please indicate below your agency's position or viewpoint on the proposed project and return this form by P8/31/06, to 400 Commerce Avenue, Morehead Gity, NC 2$55. If you have any questions regarding the proposed project, please contact Kim Hedrick at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. _ T .s agency has no comment on the proposed project. _ This agency approves of the project only if the recommendedges are incorporated. See attached. This agency r*ects to the project for reasons described in the attached SIGNED W?W?? DATE JO A. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer- 30% Recycled by Fiber Weight S 'd SONU113M-0M0:3WUN £689££L6S6:131 S£:bZ ml 9002-S-100 A=,v NCDEHR. DIVISION OF WATER QUALITY wA.SENGTON REGIONAL OFFICE WASIUNGTON, N.C. 27889 Phone, 252-946-6481 FAX: 252-946-9215 TO: G FAX NO. E Aci FROM: u?t rrx. DACE: NO..OF PAGES (INCLUDING COVER): ?+?. t • i?, 1??` C3 COMMENTS:. L -o5 943 Washington Square Mall, Washington, NC 27999 NorthCarolin.a Ai&rially TO 'd S!?: 9T 90, S ??0 STZ6-9b6-ZSZ: xed 021um/omQ.. 2 'd S0NU113M-0MG:3WUN £689i_?Z6Z6:?31 S?:bti nH1 9002-S-100 NIEMORA,ND V M TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp, Northeast Coastal Region Coordinator Habitat Conservation Section DATE: August 21, 2006 SLTMCT: CAMA Dredge/Fill Permit Application for Robert P. White, Lost and Found Lumber Company, Perquimans River, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located within the Perquimans River at in the vicinity of the Town of Hertford. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended; and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to reinstate CAMA Major Permit No. 45-99 that expired December 31, 2002. Work allowed within this permit included the removal and recovery of lost submerged saw logs from the bottom of four areas in the Perquimans River. These four sites encompass a disturbance area of approximately 2,075 acres. The Commission reviewed and commented on this project extensively (5 October 19998, W. Wescott; 1 I December 1998, F. McBride; 6 April 1999, W. Wescott; 10 May 1999, R. Hamilton). The Environmental Management Commission classifies Site 1-3 SC waters and Site 4 SB waters. Our agency has several concerns with the proposed project and the potential impacts to aquatic resources. Based on earlier review, we noted several sites within the project area document exceedences for PCBs, DDT, Arsenic, Chromium, Mercury, Nickel, and Zinc. Studies of sediment contaminants within North Carolina estuaries analyzed the upper 2 to 3 cm of sediment, not the deeper sediments that will be disturbed with the log salvaging. To assist in monitoring contaminant and sediment distribution, a condition of CAMA Major Permit No. 45- 99 included an analysis of the bottom sediments in the proposed salvage area. This analysis has not been provided to the Commission. Therefore, we request the permit be denied until a sediment analysis is provided for the work previously conducted by the applicant. After review of the sediment analysis, we will provide more thorough comments on the project impacts to aquatic resources. 't'hese comments may include concerns regarding habitat loss for anadromous fish M d ..,:.:.`SS:9T` 90, S 130 STZb-9b6-zSZ- ? 0 UM/OmQ 2 'd .. n Ham: h i .. r SaNti113M-OM0:3WbN 268922L6T6:131 9i=:bi n,Hl 9002_-S_-190 species, aquatic food web impacts, water quality degradation, and requested moratoria to minimize [u Vdity impacts if permit issuance occurs. We appreciate the opportunity to review and comment on this permit application and look forward to further information. If you need further assistance or additional information, please contact Maria Tripp at (252) 948-3916. ec: Winslow, S. - NC Division of Marine Fisheries Barnes, K. - NC Division of Water Quality Bland, R. - US Army Corps of Engineers Mti?j 10 aFWR?? uil ` Sim h- 2'eLt?l 90 'd SS= 9t 90, S 130 STZ6-9b6-MZ: xed Odd?l/0?1a t7 ' d Permit Class S0NU113I1-0MG:3WdN £689££Z6T6:-131 9£:bT nHl 9002-S-100 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 3primit"t X for Major Development in an Area of Environmental Conte pursuant to NCGS 113A-118 _ Excavation and/or filling, pursuant to NCGS 113-229 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Donna D fhtt,Director Division of Coastal Management Issued to Robert P. and Jonathan R. White, Route 6, Box 218, Hertford, NC 27944 authorizing development in Perquimans copy at Porquimans River various sites, vicinity of Town of Hertford , as requested in the perminee's application dated' 4!6/99 including attached sites maps (2), recovery diagram (1) and bottom contour profiles, A-1. tblough D-1. 'ibis permit, issued on is subject to compliance with the application (where consistent .with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subiect to a fine, imprisonment or civil action; or may cause the permit to be null and void- Log Recovery 1) Log salvage operations may only be carried out 2,640 feet upstream and 2,640 feet downstream from the four sites depicted on the attached site location traps. Salvage frrom any additional area will require a modification to this permit. 2) All log salvage work shall be conducted in water depths equal to or greater than 7 feet below the normal water level. 3) Quly logs that are fully buried by bottom sediments may be removed. (See attached sheets for Additional Conditions) This. permi>_action may be appealed by the permittee or other quaUed persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be This pennit must be accessible on-site to Deparment personnel when the project is inspected for compliance. Any maintenance work or project modification not eoveredhereunder requires further Departmental approval. All work moist cease when the permit expires on December 31, 2002 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. 170'd S2:9T 90, S 130 This permit and its conditions are hereby accepted. ' PermitNumber .'45 -99 c . J IJ L - 9 1999 r WASHINGTON REGIONAL OFFICE DWO Signature of Permittee 6-9t76-zSZ: xe? _..... Odum/onQ ST7 S 'd SaNU113M-0Ma:3WUN £689££L6T6:131 9£?bT nH1 9002-S-100 Robert P. and Jonathan R White Permit #45-99 .;;:. Page 2 of 3'.. ADDITIONAL CONDITIONS 4) In order to minimize impacts to juvenile finfish populations, no salvage work at sites 1, 2, and 3 (as depicted on the attached location maps) will be permitted between February 15 and October 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the NC Wildlife Resources Commission. 5) All log salvage work shall be carved out greater than 100 feet from the shoreline. 6) No log salvage work shall occur within any area(s) vegetated with submerged aquatic vegetation. 7) In order to w nfine suspended sediments to the immediate work area, a turbidity curtain must be utilized which fully encircles the work vessels and the area of active log removal. The turbidity curtain shall remain in place until turbidity levels within the enclosed area no longer exceed those of the surrounding, undisturbed waters. Other best management practices (BMP's) may be utilized in lieu of a turbidity curtain provided the BMP's receive prior approval of the Division of Coastal Management, in consultation with the Division of Water Quality. 8) The permittee shall notify a representative of the Division's Elizabeth City office at (252) 264- 3901 at least two (2) weeks prior to the initiation of log salvage activities at any site. 9) Prior to the commencement of any log recovery operations, the permittee shall apply for and receive an underwater archaeology pennit from the N.C. Department of Cultural Resources as stipulated in N.C.G.S. 121 Article 3. 10) This permit only authorizes the removal of logs by the methods and equiprnent specifically identified in the Environmental Assessment (EA) for the proposed project (Project No. 925 ). Removal by any other means will require a modification to this permit prior to the initiation of such activities. 11) No logs, timbers, trees or other debris shall be removed, repositioned, or stored so as to create a navigational safety hazard. Materials not intended to be taken to a shore support site shall be repositioned (unburied) as close to their original position as possible. 12) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 13) Should the Department elect to test adjacent waters during log removal, and should such testing indicate that toxicity and/or turbidity levels are elevated above State standards, the Department may require operation to immediately cease, or move to another area autborixed under this perlrLit- so .d 92:91 90, S 130 - STZ6-9a6-zSZ: XPJ 9 'd SaNU-U3M-0M0:3WdN ?689??L6t6??31 zz:vt nHl 9002-5-190 ?'Robert P. and Jonathan R. White- : Permit #45-99. Page 3 of 3 ADDITIONAL CONDITIONS 15) Prior to the expiration date of this permit, the permittee shall provide the Division with a comprehensive progress report on the number, sizes, and general location(s) of the removed logs. This information will be utilized in making future modification and/or renewal requests on this permit. 16) Prior to the initiation of any salvage activities authorized under this permit, the permittee must contact the Department of Administration's State Property Office to determine if an Easement will be required for the authorized activities. If required, the permittee shall apply for and receive this easement before beginning salvage operations. NOTE: The perraittee is advised that any development of shore-based support facilities may require a modification of this permit, as well as other state permits or authorizations. 14) This permit does not authorize the removal or salvage of any object or material other than submerged logs. 90 'd 9S: 9T.. ,, 90, S 130 SIZ6-9b6-ZSZ A 021F1M/OmQ L 'd SGNU 113M-0MG:3WUN 2Ge9££16TG:131 L£:bT nH1 9002-S-100 _ To: John Dorm* planning Branch DIVISION OF ML MANAGEMERT C,AWCOE PERMIT APPLMMON NEY.CSft WaBO PRDJECT # HL? : SAWYER WQ SUPERVISOR: MEPE., DATE: ?al?' WSIIAPID INFpMMON FOB carnIAL OFFICK TRACMG PST yg: PERMIT NO.: r COUNTY: ^?wt PROJ= NAM- 4-Znr ? L`k`' FROJECT TYpE: PERMIT TYPE: COE COE DOT RCD FROM CU; ]7 FgOM CU: RAG OFFYGB: {7? BIVFl1 A>!ID IW #: t?f S '. STREAM OR ADJACENZ WATER BODY: lam' n? .?? CLASS: y STBF.AM IIIDEI? + OPEN OR T-?yL {,?? all 77 WL uf,[,A41: /f TYPE: V WL REQUESTED: WL ACE EST: E MM CNECT?: WL SCOBS: )? MGATION: MIT 'GATICK TYPE: HITIGATION SIZE: S MEET ATTAC=P. RECOKffiNDATI _ ISSUE 7SUE/COND DEW HOLD STORMWATER PLAN REQ ID-. IF YES, DATE APPROVED : ?? `' V ••?'? `? - „E$QJECTD?CR ? • -' SE &GE DISPOSAL TYPE OF DISPOSAL PROPOSED: WATER ggALM CERT. 401) CERT. REQ`D: IF YES, TYPE: (EXISTING PROPOSED, SEPTIC TANK ETC.) xeurNd ,,?/ ARE THE FOLLOWING ADEQUATELY ADDRESSED? /? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHETJ ISBING WATERS: TO BE jPMWTTED BY: (DEM, DHS, COUN'T'Y) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATSB/WETI.?ID FILL AREA OF FILL: WATER: r-O WETLAND: O - IS FILL ELIMINATING A.SYGNIFICANT USE? DREDCMG AREA TO BE DREAGED: /aY--o IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? OC: WaRO; Central Files; DCM Field Offices; C70E Washington Offim ZO 'd 9s?:9T 90, S 130 STZ6-9V6-ZSZ: xed 021d?1/DmQ 8 'd SaNdI13M-OM0:3WdN State of North Carolina Department of Environment and Natural Resources Division of Water Quolily Washington Regional Omee f James B. Hunt, Sr., Governor Wayne McDevitt, Secretary. i, Kerr T. Stevens. Director MEMORANDUM Division of Wader. Quality j` • nay f?fay ?Q, I?? V To: John Parker DCMAWeigh From: Deborah Sawyer 2689Z2L6T6:_131 LE:tT nH1 9002-S-190 0 'T NCD R AVff ` Subject: CAMA ?Major P lication Co` ?• ??.,? Q II 1ect Name: fC p` County The above subject project has been reviewed bythis office. There is no fill proposed by the applicant in waters or wetlands therefore there is no. Section 401 required. Review of this project for a detesnliaation ofwhetherwater duality standards will be violated has been made and a determination made that theme should be no violation of the Stato water quality standards if the project is constructed as proposed. This office has no objections to the issuance of the CAMA Major Permit. If you have any questions or comments, please call this office at (919)946-6481. Thank you. cc: John Dorney WaRO File Central Fie 943 Washington Square Y.all, Washington, North Carolina 27889 7elephone 252-946-6481 FAX 252- 975-3716 An Equal Opportunity ASEi=ative action EttPloyer 80 'd 12:9T 90, S 130 STZ6-9b6-ZSZ: x2d MUM/Oma DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Lost and Found Lumber Company c/o Robert P. White and Jonathon R. White 2. LOCATION OF PROJECT SITE: In Perquimans River, in the vicinity of the Town of Hertford Photo Index - 2000: Site 1 - 160-1761 (M-12), Site 2 - 160-1761 (B-16), Site 3 - 160-1761 (I-20) 1995: Site 2 - 158-1630 (X-7), Site 4 - 158-1623 (Q-17) 1989: Site 1 - 118-1 (0-20), Site 2 - 117-23 (N-20), Site 3 - 118-2 (L-23), Site 4 - 117-9 (X-12) State Plane Coordinates - Site 1 - X: 2,747,000 Y: 903,000; Site 2 - X: 2,746,800 Y: 900,000; Site 3 - X: 2,749,000 Y: 900,000 Sites 1-3 Hertford, NC, U.R. Site 4 - X: 2,775,000 Y: 874,000 Nixonton, NC, L.L GPS - B072715A 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 07/27/2006 Applicant's Present - No, met in office on July 24, 2006 5. PROCESSING PROCEDURE: Application Received Complete - July 24, 2006 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation (B) AEC(s) Involved - PTA and EW (C) Water Dependent - Yes (D) Intended Use - Commercial (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Buried and on bottom logs Planned - None (G) Estimated Annual Rate of Erosion - N/A Source - Applicant 7. HABITAT DESCRIPTION: PERQUIMANS RIVER BOTTOM DISTURBANCE (AREA) Site 1 = 6,316,200 sq. ft. (145 acres) (A) Sites 1 & 2 are within PTA Site 2 = 7,927,920 sq. ft. (182 acres) Sites 3 & 4 are within PTA, EW Site 3 = 25,874,640 sq. ft. (594 acres) Site 4 = 50,268,240 s q. ft. (1,154 acres) (D) Total Area Disturbed - 90,387,000 sq. ft. (2,075 acres) (E) Primary Nursery Area - No (F) Water Classification - Sites 1-3 are SC and Site 4 is SB Open - No Field Investigation Report ; Lost and Found Lumber Company, c/o Robert P. White and Jonathan R. White j Page 2 8. PROJECT SUMMARY: The applicant proposes to remove and recover lost submerged saw logs from the bottom of four areas in the Perquimans River for commercial purposes. PROJECT SETTING This project involves three sites near the Town of Hertford and one site near Harvey Neck off Halsey Bay in Perquimans County. Each site is located within the waters of the Perquimans River. The land adjacent to the four sites consists of farmland in the form of pine trees or cultivated fields, and moderately developed tracts with single-family dwellings, all of which are private access to the river. The Perquimans River originates in the southern portion of the Great Dismal Swamp as a narrow blackwater stream, then quickly widens as it approaches the town of Hertford. The Perquimans River becomes more than a mile wide, empties into Albemarle Sound, and is part of the Pasquotank River Basin. The Perquimans River bottom consists of grained sediments with detrital material. Sites 1 and 2 are located upstream of the old US 17 Bridge at Hertford and downstream of the Norfolk- Southern Railroad Bridge. The Perquimans River at these locations is approximately 1,200 to 1,500 feet wide. Water depths at Site 1 range across Perquimans River from normal water level (NWL) to 12-feet below NWL, while water depths at Site 2 reach over 30-feet below NWL with one third of the river's width having depths over 20-feet below NWL. Site 3 is located east of the old US 17 Bridge and northwest of the new US 17 Bridge. The river is approximately 5,000-feet wide and ranges in depth from NWL to a depth of 13-feet below NWL, with an average depth of 7-feet below NWL in the vicinity of Site 3. All of the sites are located at approximately the center of the Perquimans River. Site 4 is located between Grassy Point and Halsey Bay, approximately 5 miles downstream from the New US 17 Bridge. Perquimans River is approximately 10,000-feet wide at Site 4 and water depths range from NWL to nearly 14-feet below NWL. Significant portions of the Perquimans River at each site exhibit depths which exceed 7-feet below NWL. The Perquimans River is a tributary of the Albemarle Sound. Waters from Norfolk Southern Railroad Bridge to a line across the River from Barrow Point to Ferry Point are classified as SC (Sites 1,2, and 3), and waters from a line across the River from Barrow Point to Ferry Point to Albemarle Sound are classified as SB (Site 4) by the NC Environmental Management Commission. The waters north of the old US 17 Bridge at Hertford are designated as Inland Waters, and the waters south of the old US 17 Bridge are designated as Joint Waters by the NC Wildlife Resources and Marine Fisheries Commissions. The waters of the Perquimans River are not open to any shellfish harvest. Submerged aquatic vegetation (SAV) species are present along the shoreline in water depths of approximately 6-feet or less along these sections of the river. Upstream sections of the river are noted as spawning areas for anadromous fish species. DEVELOPMENT PROPOSAL The applicants propose to salvage logs from the Perquimans River within a half-mile up and downstream of each of the four sites depicted on the attached location maps A and B. At all four sites, log salvage activity will take place in water depths no less than 7-feet below NWL and located at least 100-feet waterward of the shoreline. The applicants propose to remove only those logs which were previously cut saw logs and do not present fish habitat. Therefore, only logs that are entirely imbedded in bottom sediments will be removed, and logs within 100-feet of the shoreline will not be removed. No salvage Field Investigation Report Lost and Found Lumber Company, c/o Robert P. White and Jonathan R. White Page 3 work will occur in areas where submerged aquatic vegetation (SAV) is found. Operations will consist of attaching eyebolts and lines to individual logs via a SCUBA diver, then winching them to the surface. They will then be secured onto a small craft and/or towed on a pontoon raft to an upland "site where they will be transported to the sawmill in Hertford. This proposal will not utilize any dredge or dragline equipment. The applicants have recognized the established moratorium but have requested authorization to operate inside that moratorium period due to SCUBA diving during cold months of the moratorium. Suspended sedimentation in the water column will be controlled by use of a turbidity curtain with floats on top and weights on bottom surrounding the entire work site, including the boat. The top of the curtain will be temporarily pushed down to allow entry and exit of the boat to and from the sawmill. The curtains will be held in place until water clarity inside and outside the curtain is equal. No equipment that would obstruct navigation will be left in the water outside of working hours at any time. The applicants will make a list and report all recovered log numbers, lengths, diameters, type, and general salvage location prior to the expiration of a CAMA Major Permit to the Division of Coastal Management (DCM) and notify DCM at least two weeks prior to the beginning of log salvaging operations. In the event presence of cultural resources are encountered during log salvage operations, the applicants will notify the North Carolina Underwater Archaeology branch of the N.C. Department of Cultural Resources. ANTICIPATED IMPACTS The applicants received CAMA Major Permit #45-99, which expired on December 31, 2002, for the same log salvage operations at the same sites currently being applied for. According to the applicants, they recovered less than 50 logs under CAMA Major Permit #45-99 due to the difficulty with SCUBA diving during cold months and siltation curtain operations required. The applicants have indicated that the salvage phase of proposed work will temporarily disturb bottom sediments within the Perquimans River. All salvage work will occur at distances greater than 100-feet from the shoreline and at water depths which exceed 7-feet. Therefore, log salvaging will take place below the photic zones and may have indirect, minimal and temporary impacts to any submerged aquatic vegetation (SAV) growing at shallower depths. No direct impacts to SAV will occur. The applicants have also requested to be allowed to proceed with log salvage operations with proper sedimentation control within all sites within the moratorium period. The proposed activity will generate a small amount of turbidity each time a submerged log is pulled up. Turbidity curtains will contain the suspended sediments within the work area until they settle to the bottom. It is anticipated that the proposed activity could potentially impact several acres of bottom area overall but it is expected that less than one hundred square feet of area will be impacted at any one time. Submitted by: Kimberly A. Hedrick Date: August 9, 2006 MAJOR PERMIT FEE MATRIX Applicant: Lost and Found Lumber Co. (Robert P. White) PAYI ORDE MEMO 1:0 Selection u Development Type Fee DCM % DWQ % (143001601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: 11. Public or commercial 1,4,1, development that does not $400 100%($400) 0%($0) involve the filling or . excavation of any wetlands 'b eh water areas:' . Ill. Fn.r develoDment that LOST & FOUND LUMBER CO. 107 CYPRESS LANE HERTFORD, NC 27944. se-esis?' 999 DATE C'J CU ?Q O THE /D 1 OF . A5 DOLL r "" RBC ARS u Century RBC Centura Bank Hertford,?NrLC?27944 ,?•f /],, ?( ? / _ ? /??'?„ y? G??r L4?1 /?cr/Ll"T YAl_.Yr/??- Y O%($Q) ' r 53 1008 501:0 14 20 20 ?3611- 0999 F-1 Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Ej Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) cannot be applied: IV. For development that E] involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: -w t Narrative Description Lost & Found Lumber Company intends to remove logs from the 4 sites on the Perquimans River using boats, log tongs, and winches. The logs will be located, in areas 1,2,&3, silt curtains will be installed, boats will enter the silt curtain by pushing the top line of the silt curtain below the boat, and logs will be removed from the bottom. Silt curtains will be held down using lead line to ensure a seal on the river bottom. After the logs are removed from the bottom they will be tied off to the side of the boat and removed from the silt curtain in the same manner by pushing the top line of the silt curtain down under the boat. The logs will then be floated to the loading area and stored until a log truckload is available. Once enough logs are ready they will be loaded on a truck at location permitted in previous (99PRR604). Special conditions placed on this permit will be followed in the following manner. a) Prior to commencing any activity Lost & Found Lumber Company will have all necessary permits. b) Lost & Found Lumber Company will only recover logs from the river bottom. Any cultural material will be reported to the Underwater Archaeology department. C) Lost & Found Lumber Company understands that the permit is for experimental purposes and the permit is only good for one year. d) Lost & Found Lumber Company is only able to recover logs from permitted areas. e) Lost and Found Lumber Company agrees to notify the Underwater Archaeology department at least 48 hours before beginning activities. f) Lost & Found Lumber Company understands that a list of all logs length, diameter, and type have to be listed in a monthly report due on the 10th day of the following month. The report will also include activities of the month and activities scheduled for the next month. g) All logs recovered become the property of the permittee. Any artifacts discovered remain state property. ti J? Additional conditions to be followed by Lost & Found Lumber Company. 1) Log salvage operations will take place 1/2 mile above and below 4 sites assigned in previous permit. 2) All log salvage to take place in equal to or greater than 7 feet of water. 3) Only logs covered in bottom sediments can be removed. 4) Sites 1,2, and 3 will not be allowed to be worked between Feb. 15th and Oct. 31St of any year without approval from CAMA. 5) All salvage will be carried out at or greater than 100 feet from shore. 6) No log removal from areas with SAV 7) Turbidity curtains will be used in areas 1,2, & 3 and will remain in place until turbidity inside and outside the curtain are the same. Other BMPs may be used in place of the turbidity curtain provided they are approved prior by CAMA and DWQ 8) Lost & Found Lumber will notify the Elizabeth City branch of CAMA at least 2 weeks before work begins. 9) Lost and Found Lumber Company will apply for a receive a permit from the Underwater Archaeology department before work begins. 10) Only the use of equipment specified in the previous permit will be used during log removal. Any other removal means will require modification to this permit before use. 11) No logs or other material will be removed or stored in any fashion that would cause a navigational hazard. 12) No attempt will be made by the permittee to prevent full and free use by the public to use navigable waters. 13) If waters are tested by CAMA and found to contain toxic levels or turbidity levels greater than that of the state standards, work could have to be halted or moved to another location. 14) Lost & Found lumber Company can only remove submerged logs. 'i 15) Prior to expiration of this permit, permittee will supply CAMA with a progress report showing sizes, number and location of removed logs. 16) Prior to any salvage activities, permittee will contact Department of Administrations State Property office to determine if an easement will be required for the authorized activities. Robe ?/ a G Date ?S (1 4 2 0 0 6 1 3 0 9 a. Day Phone asz 42(a- °+ )13 Form DCM-M[P-1._ ATION, ? .: .. ? APPLIC (To be completed by all applicants) F?f ti b. City, to , communiy or landmark 1. APPLICANT c. Street address geondarY S o number Landowner: Name ?12olo??r?' ?CLV? ??IT2 Address L.N City ?A( State C- Zip b. Authorized Agent: d. Is proposed work within city jimj% or planning jurisdiction? Yes No e. Name of body of water nearest project (e. . river, rf'ljlh7 N Idtr' creek, sound, bay) 3. DESCRIPTION AND PLANNED USE Name Address City State Zip Day Phone Fax c. Project name (if any) L'S? ?°iJnc? 1 a wt i Q NOTE: Perrrdl will be issued in name of landowner(s), and/or - - project name. 2. LOCATION OF PROPOSED PROJECT a. County a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavati o and/or filling activities. /'x.Nrl D ro h? idPr: o +2 (1S.t -For v? /? b. Is the proposed activity maintenance of an existing project, q w work, qr, ?o?h? 66n4vim tqA1% o? ? ;oU fieeml W4,r/ c. Will the project be for public, private or commercial use? Co?»,evpg/ d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more. space is need-A, please attach additional_ pages. i o c4 "w Q ttJ r[ rtio ?f lJl c ai o JA r Revised 03/95 ?i m. Describe e?Cis ng wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS ear rv?i ?2 t Describe location and type of discharges to waters n. a. h Size of entire tract A , of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial efflue "wash 4 b. Size of individual lot(s) A down" and residential discharges.) C. Approximate elevati of tract above MHW or NWL o. Describe existing d ing water supply source. d. Soil type(s) an texture(s) of tract , 6, PV\ ?S Vegetation on tract /?? ?y •n? ,? ,%iee4- gate 7v?• f. Man-made features now on tract 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the ation of the site? (Consult the local tends plan.) classifi following items must be submitted: c y Conservation Transitional • A copy of the deed (with state application only) or Developed Community other instrument under which the applicant claims title Rural Other to the affected properties. If the applicant is not h. How is the tract by local government? claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. i. Is the proposed gee;' consistent with the applicable es No zoning? v Y • An accurate, dated work plat (including plan view (Attach zoning compliance eersifiuue, tf appliosble) • and cross-sectional drawings) drawn to scale in black j. t been Has a professional archaeological assess Resources Commission Rule 7J.020' f forte N done for the tract. detailed description.) If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or el' ' le property? Yes N0. 1. Are there wetlands on the site? Yes No Coastal (marsh) Other if yes, has a delineation been conducted? (Attach doaanentarion, if avaitabte) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received it copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that su h notice has been provided. Name Address Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 99 ??? ?o f? .ye? P Y- • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover' the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. V-;CPA 0194 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project wilt be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's' approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day of ma , 19 eyo W h e Print Name Igo b. ri Rag-) Signature eln& Q &114P landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. r. Form DCM-MP-2 T EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete alt other sections of the Joint Application that relate to this proposed project. Describe'below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel ZMLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 'ti'?to r '?f+r,., rl?p.it ? c, Lil:?, 1. EXCAVATION a. "Amount of material to be excavated from below MHW or NWL in cubic yards t ?n K?+fl?a?ti b. Type of material to be excavated W C ?tlN1 / t,xu ''? b c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic' vegetation (SAVs) or other wetlands? Yes d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location o disposal area /07 (ypeyrf r e- dw- hi 6. ??? b. Dimensions of disposal area ?v Y. 10° c. Do yc ?.i n tide to disposal area? I,-'- Yes No If no, attach a letter granting permission from the owner. d. Will a disposal " be available for future maintenance? Yes No If yes, where? Sa?M -arga pn 5??- Revised 03/95 Avenge FIRM E)&ttng Pr41ect F? Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs over wetlands? Yes No f. Does the disposal in de any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length _J A C. Average distan a waterwasd of MHW or.NWL If Yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill / b. Will fill material be placed in coastal wetlands (marsh), SAVs or o etlands? Yes No If Yes, (1) Dimensions of fill area _ (2) Purpose of fill 41 2?r_ 5. GENERAL --d-M37ttrCli3tn aiS Eai3E? wd,ai?+ +t?-i - _. a. How will excavated or fill material 11e ept on site eel e. Shoreline erosion during prec ing 12 months and erosiop controlled? w?Z ? I.( Ow, co <j4 L -Fax- dc-A -A at n 4cr (Source of information) - "? - ea - Pb +' -49" Tv r 5 f. Type of bulkhead or riprap material /VA g. Amount of fill in cubic ards to be placed below water level (1) Riprap (2) Bulkhead backfil h. Type'of fill material A i. Source of fill material A//A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be lught to site? Yes !/ No b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ?04 C'?ocl?S c. Will wetlands be cr3ssed in transp?g equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. . o ku ?patt w Applicant or?Project Naspee Wk Signature ?`,,//??// Date Revised 03!95 3 00 C C O U A LI q? ?d ^O r. tit O Ind y VJd O 4r s 0 U C? L, d 4i O :d Ado r-4 5`,L7, p I S{r ?? 1. ? .? l t ?1+ ?l C ?J 4? "'I I h > O oL CL) 0 ce O Q bli 0 U L U r r cu :E 0 U :J v V u, :J U Q CL'1 U Zr i U T. N C". N 4j 7E O L L v 4n cz L N O .r O.. ej U Q y y J D O •? Cry bu L L r 43 LL - F06-4 FWI Technical Report, EA-98-01, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from the Perquimans Rig(+r, Nor4h Carolina - r-? ,. Will t,1', ti ,i• N fr ` TSUP2 i C46 3b?.•?rt(,rsl ?, L tl 0? O,chnaal Itt-port, PA 08 01. 1)vtaik for l.nvironinvotul Asses.,mi nt Luid Finding of No Significant Imp (!6' r 1111• tiurvrt iiiil iu•ru??•r? of i,u;;, iruw Mi. tel'i uuuaii, him, Nurth Carolina ' :l, v ? r i j i i. u• '_ E n TECHNICAL REPORT EA-98-01 Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from the Perquimans River, North Carolina by William M. Parker (910) 468-5493 Wilmington, North Carolina 28407 Responsible Agency: Contact Person: _ Address: Phone Number: ( ) Budget code: Budgei, item number: Cooperating agencies: y Technical Report, EA-98-01, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from the Perquimans River, North Carolina 10 September 1998 TABLE OF CONTENTS SITE MAP ........... .. . ............................. .... i TABLE OF CONTENTS ... .................. . ...... . F-a ty : rrr^.?? .. lb 1.00 EXISTING ENVIRONMENT ........................... 1 .. 1 01 Topography . ............................. 1.02 Land Use .................................................. 1 1.03 Soils .................................................... . . . 1 1.04 Surface Waters .................. .... ............... 1 1.05 Groundwater ................................................ 1 2.00 NEED ............................................ 1 ............. 3.00 ALTERNATIVE ANALYSIS ....................................... 2 4.00 ENVIRONMENTAL CONSEQUENCES .............................. 2 4.01 Changes in land use ....................................... 2 4.02 Wetlands ............................................... 2 4.03 Prime or unique agricultural lands ............................ 2 4.04 Public lands .................... .... ................. 2 4.05 Scenic and recreational areas . ... .......................... 3 4.06 Areas of archeological or historical value ....................... 3 4.07 Air quality ...................... .... ............... 3 ........ 4.08 Water quality ............................................... 3 4.09 Noise levels ..................... .... .................... . . . 4 4.10 Water supplies ...................... .... ............. 4 4.11 Shellfish or fish and their habitats .............................. 4 4.12 Wildlife and their habitats .................................... 5 4.12.1 Endangered species .................................... 5 4.12.1.1 Plants ......................................... 5 4.12.1.2 Mammals ...................................... 5 4.12.1.3 Birds .......................................... 5 4.12.1.4 Reptiles ....................................... 7 4.12.1.5 Fish ........................................... 8 4.12.1.6 Mollusks ...................................... 8 4.12.1.7 Arthropods ..................................... 8 4.12.2 Threatened species ..................................... 9 4.12.2.1 Plants ......................................... 9 4.12.2.2 Mammals ...................................... 9 4.12.2.3 Birds .......................................... 9 4.12.2.4 Reptiles ....................................... 10 4.12.2.5 Fish ........................................... 10 4.12.2.6 Mollusks ....................................... 11 4.122.7 Arthropods ..................................... 11 4.13 Introduction of toxic substances ................................ 11 4.14 Eutrophication of receiving waters ............................. 11 5.00 MITIGATING MEASURES ........................................ 11 6.00 FINDING OF NO SIGNIFICANT IMPACT ............................ 11 ii Technical Report, EA-98-01, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from the Perquimans River, North Carolina 10 September 1998 LIST OF TABLES Table 1. Endangered plants not affected by operations due to distribution. 6 ........... Table 2. Endangered mammals not affected by operations due to distribution 7 ......... Table 3. Endangered birds not affected by operations due to distribution 7 ............. Table 4. Endangered mollusks not affected by operations due to distribution 8 .......... Table 5. Endangered arthropods not affected by operations due to distribution 9 ......... Table 6. Threatened plants not affected by operations due to distribution .. 9 ........... Table 7. Threatened fish not affected by operations due to distribution .... 10 ........... Table 8. Threatened mollusks not affected by operations due to distribution........... 11 LIST OF APPENDICES Appendix A. Bottom contour of site #1 Lost & Found Lumber Co. 1998 ............. A-1 Appendix B. Bottom contour of site #2, Lost & Found Lumber Co. 1998 ............. B-1 Appendix C. Bottom contour of site #3, Lost & Found Lumber Co. 1998 ............. C-1 Appendix D. Bottom contour of site #4, Lost & Found Lumber Co. 1998 ............. D-1 iii Technical Report, EA-98-01, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina William M. Parker 1.00 EXISTING ENVIRONMENT 1.01 Topography The area around the project has minimal relief and is typical of the Atlantic Coastal Plain. Albemarle Sound is the dominant feature in the area. The project area is located on the Perquimans River (a tributary of Albemarle Sound) and is bounded on the south by Albemarle sound on the east by moderately developed land with the town of Hertford, NC on the west and the town of Winfall, NC, on the north. Elizabeth City, NC, the principal city in the area is to the east. The area surrounding the project area is generally not developed. The major man-made feature is the U.S. Highway 17 Bypass bridge, which traverses the project area in a northeast- southwest direction. The Norfolk-Southern System Railroad is located to the west of the project and runs north to south in the area. The river depth at each site is as depicted in appendix A through D of this assessment. 1.02 Land Use The land to the west (right bank) of the project area is forested with pine trees and is moderately developed, the primary use is for agriculture. The land to the east of the river (left bank) is undeveloped, the primary use is also for agriculture. The land directly adjacent to the river on both the rL-ht and left-banks iszenerally Private with private access to the river. 1.03 Soils The soils in the area are sedimentary in nature and clastic, as is typical for this region. The soil structure is granular. Adjacent to the river banks the soil demonstrates properties of sandy clay loam, turning to sandy loam rapidly as distance increases from the river banks. 1.04 Surface Waters The surface water of Perquimans River is slow water (velocity is less than 50 cm- s-1). Silt and decaying organic matter are accumulated on the bottom. Fine detritus from tributaries is the main source of energy. As the temperature increases, and during periods of low current velocity, bottom silt accumulates. The river is heavily influenced and flushed by Albemarle sound's wind driven tides. 1.05 Groundwater Is supplied to the area via unconfined aquifer. Water table varies with the amount of precipitation during any given period and the flood stages of the river. This project will have no impact on the groundwater of the project area. 2.00 NEED The need for the survey of rivers cited in paragraph 1.00 is to choose locations having concentrations of logs suitable to make excavation economical. Larger concentrations of logs will permit the excavation equipment to remain for prolonged periods in a single location, reducing the impact on the environment from operations designed to immobilize excavation equipment. Additionally, surveys will eliminate inadequate sites, further reducing the impact on the environment. The proposed operation will be limited to four sites along the Perquimans river as 1 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 depicted on the attached site map. The operations at each site will remain in the confines of a linear area measured 2640 feet upstream and 2640 feet downstream from each depicted site. Both left and right banks will be considered operational areas, with linear measurements taken from the river centerline; however, operations will not be conducted within 50 feet of either bank (measured directly from the shore toward the river centerline). This stipulation should protect any riparian vegetation and adjacent wetlands near the sites. The operators will ensure that no vegetation, either submerged in the aquatic environment, or exposed to the terrestrial environment is disturbed during their operations. Operations will generally be conducted close to the bank (but not closer than 50 feet from shore) and out to midstream. As suitable concentration of logs are located, the project will proceed with the excavation of submerged logs only. Once suitable recovery sites have been located and marked by divers, a pontoon boat or small water craft will be positioned to recover logs as depicted in the recovery method diagram which is attached to this assessment. Excavation equipment at any one location will consist of a moored pontoon boat and small water craft acting as support vessels. Vertical extraction to the surface by a hand operated winch will occur following a diver setting collars on each individual log. Excavated logs will be placed on the pontoon boat until quantities are sufficient to begin their movement to shore. Trees and logs providing shelter for wildlife (not submerged in the interstices) will not be affected by the operation. Crane operations will be utilized to place excavated materials on the shore at the operators private dock and boat landing in Hertford. No riparian vegetation will be cleared or disturbed during the shore portion of the operation. Best Management Practices (BMP's) as outlined in Technical Report EL-9235, DEPARTMENT OF THE ARMY, US Army Corps of Engineers; dated November 1992; will be followed by the operators. The excavation and recovery of logs to the shore is the purpose of the project. This action will provide a tax revenue to the community and state. 3.00 ALTERNATIVE ANALYSIS The proposed operation as described in paragraphs 2.00, 4.05 and 4.11 is the only viable commercial alternative, therefore, the alternative is no action. 4.00 ENVIRONMENTAL CONSEQUENCES project. 4.01 Changes in land use There will be no changes in land use. Therefore no consequences are expected from this 4.02 Wetlands Lands adjacent to the river will not be entered or utilized. Small boat operations will be conducted from existing docks and facilities only. No riparian vegetation will be cleared or entered, therefore, no impact on wetlands is expected. . 4.03 Prime or unique agricultural lands lands. Due to the nature of the operation no impact is expected on prime or unique agricultural 4.04 Public lands The public land in the area should not be affected by this operation. At times the 2 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 operation may be visible from these areas, however, the impact should be of no more significance than the existing boat operations in the area. 4.05 Scenic and recreational areas Scenic areas should not be affected by this operation. No overall degrading of the visual quality of the project area is anticipated. The operation will have no impact on any trails or roads in or around the project areas. The vessels involved will be moored close to the banks of the rivers, providing ample navigation right of ways. At all times the operators will ensure their operations are clearly marked and deference to navigational rights of way will take precedence over log recovery ease. At times, the operation may be visible from these areas, however, since the physical appearance of these areas will not be altered, the impact should be of no significance. When any operation could pose a threat to navigation, buoys clearly marking the danger will provide early warning to the dangers involved. Additionally, manned tender craft will be in the water near the possible hazards. When operations are not underway, all dangers and hazards to navigation will be stowed away, therefore no significant impact on recreation involving water craft is expected. The operators will stay clear of all public docks during operations, thus, ensuring access and right of way to vessels approaching or utilizing these facilities. 4.06 Areas of archeological or historical value The Underwater Archaeology Unit will be asked to brief the operators on any known cultural resources existing in the areas of the project. Any known resources will be avoided by the project. The impact to known cultural resources is not significant. The operators will notify the Underwater Archaeolwy Unit (UAU). P. n_ Rhr SR R",,- activitiese. The presence of any cultural material encountered during the course of the project shall be reported to the Underwater Archaeology Unit. Any cultural material encountered and identified as such by the UAU will be avoided by the project. The impact to encountered cultural material should be insignificant. :x:; The operators will notify the UAU of any areas of the river bottom containing a sufficient concentration of submerged logs to warrant recovery operations. If the UAU feels that excavation operations in a specific area jeopardizes significant cultural resources, the operators will not undertake excavation operations in that area. The operators will submit a monthly report detailing project activities and listing artifacts recovered and their status. Monthly reports will be submitted by the 10th day of the following month. The impact from this project on cultural resources is anticipated to be insignificant. 4.07 Air quality There will be no impact on air quality. Therefore no consequences are expected from this project. 4.08 Water quality This operation will produce small amounts of sedimentation and eutrophica.tion of waters downstream. The ability of the river to flush itself will make this eutrophication temporary. Additionally, the laminar nature of the water's flow should keep any eutrophication towards the deeper depths of the river. The operators are attempting to recovery logs in the interstices of this river. Submerged aquatic vegetation (SAV) does not develop in these non-photic zones. The logs sought by this company lie exclusively in these non-photic areas. Therefore, no 3 Techm,. ai aeport, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 impact to the existing SAVs is anticipated. Any impact on overall water quality is expected to be insignificant as long as the operators follow the proposed recovery methods. 4.09 Noise levels The noise produced by the machinery and vessels involved will be no greater than the noise levels produced by recreational and commercial craft and facilities already operating on the river, therefore, the impact on noise levels will be of no significance. 4.10 Water supplies Water supplies (drinking) will not be affected. Therefore no consequences are expected from this project. 4.11 Shellfish or fish and their habitats Adverse impacts to shellfish and their habitats from the proposed project would be primarily due to an increase of suspended materials from instream activities. These activities, including utility relocation, diver operations, and log excavation; will result in the suspension of small amounts of sediment in the water. These activities will also involve the operation of equipment in the water and the placement of materials in the rivers or removal of materials from the water. However, no hazardous materials will be placed in the water. Silt and other materials suspended during excavation, may temporarily reduce photosynthesis in submerged macrophytes (SAVs) in adjacent areas and phytoplankton in the operational area; and may also reduce dissolved oxygen (DO). Under the excavation timing schedule, any increase of suspended material would occur during the summer months when DO is naturally lower. Measures to reduce sediment input to the rivers should be implemented by the operators and state. These measures should include but not be limited to temporarily suspending operations if eutrophication and sedimentation extends into areas which provide habitat for aquatic animals. Additionally, if the DO levels become critical the state should reserve the right to temporarily halt the operation until the DO returns to a safe level. Any measures deemed appropriate by the agencies involved should clearly be spelled out in an approved permit. Any impacts to water quality as a result of the project would be short term and insignificant. It is not expected that state water quality standards would be violated or that significant adverse impacts to fisheries would occur. Instream activities, including stabilization of excavation equipment, will not require placement of fill material in the water, further lowering the impact of sedimentation from this project on the environment. Adverse impact to fisheries resources should not occur as a result of this amount of increased sedimentation and any extension of the instream excavation schedule. The primary fisheries concern with the excavation of logs would be sedimentation from materials suspended in the water by the excavation techniques. If sedimentation is severe (not expected), it could kill food organisms and cover potential spawning sites. It is expected that the sedimentation from the methods outlined earlier will minimize eutrophication during normal flow conditions, and any associated impacts would be insignificant. However, it is recognized that factors beyond the control of the operators, such as a flood during excavation, could result in the introduction of excessive amounts of sediment in the rivers. Operations should be completely suspended during abnormal flood conditions and this suspension should be a requirement for the permitting process. Additionally, loss of shelter for spawning fish could result from excavation procedures. The logs being sought generally lie buried in the interstices and do not themselves provide shelter for fish. However, occasionally whole trees or exposed logs will be excavated accidentally. The logs sought lie in areas where no light occurs. Divers securing logs must do so without the use of 4 Technical Report, EA-98-02, Details for Environmental Assessment and Winding of No Significant impact ror the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 vision. This loss of a primary sense, guarantees the occasional excavation of unsuitable objects such as whole trees and rotten and exposed logs. These items are not sought by the operators and they do provide habitat for some fishes. When this occurs, the whole trees and previously exposed logs should be returned to their original position, to the maximum extent possible. While this action should minimize the problems associated with shelter loss, each situation must be evaluated on a case by case basis, due to the possibility of causing larger environmental damage (such as increased sedimentation) during restoration acts. Therefore, the operators will be instructed to evaluate the damage that can be caused to habitat and sedimentation, prior to restoring unwanted materials accidentally excavated. The restoration of shelter logs and trees is not expected to result in significant fisheries impacts. The proposed schedule may impact the spawning of some fish species; however the limiting of operations to four sites each of 5200 linear feet (2640 feet up and down stream from depicted sites, measured along centerline of the river), should cause no significant impact on the spawning activities of the populations in whole. Therefore, the project is not expected to result in significant fisheries impacts. 4.12 Wildlife and their habitats No loss of wooded habitat will result from the project operations, therefore, no significant impacts to wildlife resources is expected. 4.12.1 Endangered species 4.12.1.1 Plants No endangered plants will be threatened by this operation due to their distribution, therefore, no significant impacts to endangered plants is expected. 4.12.1.2 Mammals Felis concolor couguar, Eastern cougar, general distribution is statewide. Very x,•e large, long-tailed cat, attaining a length of 1.8 to 2.3 m (6 to 71/2 ft.). Short fur of a plain brown color with white underparts, the tip of the tail is conspicuously dark. Likely to occur in any relatively uninhabited area where deer abound. Active at any hour, but seems to be mainly nocturnal. Destruction of habitat is the chief danger associated with this species. In the eastern part of the state, this species should reside in swamps. The impact of this project on this species should be insignificant. 7Wchechus manatus, West Indian manatee, general distribution is in coastal waters. Massive, gray to gray brown, thick skinned, and nearly hairless aquatic mammal, attaining a length of 4 to 6 m (13 to 191/2 ft.). Forelimbs are paddle-like, no hind limbs, and the tail is horizontally flattened. The upper lip is cleft, lobed, and fleshy with bristles. Manatees frequent near shore marine and estuarine habitats, and move up rivers for variable distances. Active at any hour, but seems to be mainly nocturnal. Injury from boats is the chief danger associated with this species. This species is only an infrequent visitor to the states waters. With proper vigilance by boat operators, this danger can be minimized. The impact of this project on this species should be insignificant. 4.12.1.3 Birds Mycteria americana, Wood Stork, general distribution is in coastal areas. Large, 5 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 long-legged wading bird, approximately 127 cm (50 inches) tall, with a wingspan of 1521/2 to 165 cm (60 to 65 inches). White plumage except for black primaries and secondaries and a short black tail. The head and neck are largely unfeathered and dark gray in color. The bill is black and slightly curved. Immature birds are gray with a yellowish bill. Freshwater and brackish wetland birds, nesting in cypress or mangrove swamps. They feed in freshwater marshes, narrow tidal creeks, or flooded tidal pools. The decline in this species is believed to be primarily due to loss of suitable feeding habitat. Adverse water management practices (improper drainage) in southern Florida have resulted in nesting failures. The impact of this project on this species should be insignificant. Table X. Endangered plants NOT affected by operations due to distribution Species Echinacea laevigata Lilaeposis carolinensis Cardamine micranthera Geum radiatum Gymnoderma lineare Hedvotis purpurea v. montana Helianthus schweinitzii Lindera melissifolia Lysimachia asperulaefolia Microheura montivaga Oaypolis canbyi Ptilimnium nodosom Thalictrum cooleyi Rhus michauxii Sagittaria fasiculata Sarracenia oreophila Sarracenia rubra ssp. jonesii Common name Distribution Smooth coneflower Durham and Granville counties Carolina lilaeposis Southeast coastal areas Small-anthered bittercress Stokes and Forsyth counties Spreading avens Ashe, Avery, Transylvania, Watauga, Buncombe and Yancey Rock Gnome lichen counties Mitchell, Jackson, Yancey, Swain. Transylvania, Buncombe, Avery, Ashe, Rutherford and Haywood counties Roan Mountain bluet Ashe, Avery, Watauga and Mitchell counties Schweinitz's sunflower Stanly, Cabarrus, Union, Meddenberg and Rowan counties Southern spicebush/pondbe rry Bladen county Rough-leaved loosestrife Carteret, Scotland, Cumberland, Bladen, Brunswick, Pender, Hoke and Onslow counties Spruce-fir moss spider Swain, Yancey, Avery and Caldwell counties Canby's dropwort Scotland county Harperella Granville and Chatham counties Cooley's meadowrue Columbus, Brunswick, Onslow and Pender counties Michaux's sumac Davie, Durham, Franklin, Hoke, Johnson, Lincoln, Mecklenberg, Moore, Orange, Richmond, Robeson, Scotland, Wake and Wilson counties Bunched arrowhead Henderson county Green pitcher plant Clay county Mountain sweet pitcher plant Henderson and Transylvania counties Fort Bragg in Hoke county Polk, Henderson and Rutherford counties Schwalbea americana American chaffseed Sisyrinchium dichotomum White irisette 6 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 Sterna dougallii dougallii, Roseate Tern, general distribution is in coastal areas. Ground nesters in estuaries, either on natural beaches, natural islands, or dredge islands. The decline in this species is believed to be primarily due to loss of suitable nesting habitat. Primarily eliminated from natural beaches by increased human habitation, these animals rely on dredge islands for suitable nesting habitat. The impact of this project on this species should be insignificant. Picoides borealis, Red-cockaded Woodpecker, general distribution is in eastern parts of the state. The decline in this species is believed to be primarily due to loss of suitable nesting habitat. The impact of this project on this species should be insignificant. Table 2. Endangered mammals NOT affected by operations due to distribution Species Myotisgrisescens Myotis sodalis Plecotus townsendii virginianus Glaucomys sabrinus coloratus Common name Gray bat Indiana bat Virginia big-eared bat Carolina northern flying squirrel Distribution extreme southwest of the state western parts of the state Avery county Western Mountains (Yancy, Buncombe, Haywood, Swain, and Mitchell counties) Table 3 Endangered birds NOT affected by operations due to distribution Species Common name Distribution Vermivora bachmanii Bachman's Warbler Only sighted in eastern SC, but Dendroica hirtlandii - Kirtland's Warbler listed in the EPA's redbook for NC Only in northern Michigan, but Falco peregrinus anatum American Peregrine Falcon listed in the EPA's redbook for NC Western mountains Campephilus principalis Ivory-billed Woodpecker Southeastern parts of the state 4.12.1.4 Reptiles Lepidochelys hernpii, Kemp's (Atlantic) Ridley Turtle, general distribution is in coastal waters. Small to medium sea turtle with a dark gray to olive carapace, and a white or yellow plastron. Attains a weight of 48 kg (108 lb.), carapace length of 69 cm (27 in.) and matures at about 60 to 75 cm ( 24 to 30 in.) in length. Found in high saline portions of sounds near the ocean. Prefers shallow water. Feeds on crabs, jellyfish, snails, clams, fish and occasionally plants. Depleted previously by capture for food, and the destruction of nests (not in North Carolina, nests in Texas and Mexico) and breeding females. The species has failed to recover even though protected since the 1970's. The impact of this project on this species should be insignificant. Eretmochelys imbricate, Hawksbill Turtle, general distribution is in coastal waters. Medium sized sea turtle with a amber carapace, marked with streaks of red, yellow, brown and black (particularly in juveniles, larger individuals have a darker greenish brown carapace). The plastron is yellow, often with black areas. May attain a weight of 36 kg (80 lb.), however, 15 to 16 kg (35 lb.) is normal. Oceanic in North Carolina, elsewhere it frequents rocky and coral areas, 7 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 Skptkinber 1998 estuaries and narrow creeks. Feeds on jellyfish, coral, sponges, mollusks, barnacles and other crustaceans and fish. Exploited for its carapace scutes, used in the West Indies for "tortoise shell" combs and eye-glass frames. Moderately hunted for food even though toxins are associated with its flesh. The impact of this project on this species should be insignificant. Dermochelys coriacea, Leatherback Turtle, general distribution is in coastal waters. Largest species of sea turtle with a keeled, leathery carapace, dorsal coloration is black or brown, occasionally with scattered white spots. The plastron is whitish and ridged. The limbs are paddle like and lack claws. Adults weigh from 315 to 720 kg (700 to 1600 lb.) and measure 118 to 185 cm (46 to 72 in.). Oceanic, occasionally moves into shallow bays, estuaries, and even river mouths. Females come ashore to lay eggs. Feeds on jellyfish, sea urchins, octopi, tunicates, crustaceans and fish. Hunted and predatiated by sharks. The impact of this project on this species should be insignificant. 4.12.1.5 Fish Acipenser brevirostrum, Shortnose Sturgeon, most sturgeon are migratory fishes, moving from the sea into fresh waters, or for considerable distances into freshwater systems to spawn. Dams and locks preventing their migration is the primary reason for their decline. Loss of shelter should have no impact on this species due to its large size and power. The impact of this project on this species should be insignificant. 4.12.1.6 Mollusks Endangered mollusks as listed in the 1996 Redbook are not affected by this operation due to distribution. See Table 4. Table 4. Endangered mollusks NOT affected by operations due to distribution Species Alasmidonta heterodon Common name Dwarf Wedge Mussel Distribution Alasmidonta raveneilana Appalachian elktoe Elliptio steinstansana Lasmigona decorata Tar River Spiny Mussel Carolina Heelsplitter Mussel Little River, Johnston county; Tar River and two of its tributaries, Granville and Franklin Counties Little Tennessee River, Swain and Macon counties; Toe River and Nolichucky main stem, Yancey and Mitchell Counties Tar River, Edgecombe County; Sandy Creek, Franklin County; Swift Creek, Nash County Catawba River system, Waxhaw Creek, Union County; Goose Creek, Rocky River, in the Pee Dee River system, Union County 4.12.1.7 Arthropods The only endangered arthropod as listed in the 1996 Redbook is not affected by this operation due to distribution. See Table 5. 8 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 Table a Endangered arthropods NOT affected by operations due to distribution Species Common name Distribution Neonympha mitchellii francisci Saint Francis satyr Sandhills 4.12.2 Threatened species 4.12.2.1 Plants The only threatened plants as listed in the 1996 R.edbook are not affected by this operation due to distribution. See Table 6. Table & Threatened plants NOT affected by operations due to distribution Species Amaranthus pumilus Aeschynomene virg-inica Helonias bullata Hexastylis maniflora Hudsonia montana Isotria medeoloides Liastris helleri <Solidago spithamaea Spirea virginiana Common name Seabeach Amaranth Sensitive Joint Vetch Swamp Pink Dwarf-flowered Heartleaf Mountain Golden Heather Small Worled Pogonia Heller's Blazing Star Blue Ridge Goldenrod Virginia spiraea Distribution Atlantic coastal plain beaches Beaufort, Cravin, Hyde, and Lenoir counties Jackson, Transylvania and Henderson counties Cleveland, Catawba, Burke, Rutherford and Lincoln counties Burke and McDowell counties Macon and Henderson counties Ashe, Avery, Caldwell and Burke counties Avery and Mitchell counties South Fork of the New River, Ashe county; Little Tennessee River, Macon county; Nolichucky River, Mitchell and Yancey counties; South Toe and Cane Rivers, Yancey county 4.12.2.2 Mammals Sorex longirostris fisheri, Dismal Swamp Shrew, distribution is Dismal Swamp; Camden, Gates, Pasquotank, and Perquimans counties. The major threat to this species is the continual diminishment of its natural predator's habitat. The diminished size of home ranges and sanctuaries of species such as owls and other nocturnal birds of prey places a greater pressure on this isolated species. The number of species dwindles as predation increases. This project should have no impact on the factors involved in this species decline. 4.12.2.3 Birds Haliaeetus leucocephalus, Bald Eagle, recently reclassified to threatened from endangered (July 12, 1995). A large raptor, with a wingspan of about 213 cm (7 ft.). Plumage is mainly dark brown, adults have a pure white head and tail. Feeds mainly on fish, however, also 9 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina ? n co..+o.„ ?.o.- ? nag takes a variety of animals when fish are not available. The tendency for breeding in the south is in the winter months, with nesting beginning in early September; egg laying peaks in late December. The typical nest very large (183 cm [6 ft.]) in width weighing hundreds of pounds, and is constructed of large sticks with soft materials added as a lining. The bald eagle is associated with coasts, rivers and lakes. It usually nests near bodies of water where it feeds. In the southeast, nests are constructed in living trees (dominant pines or cypress). The major factor now affecting species survival is habitat destruction and disturbance by humans. The impact of this project on this species should be insignificant. Chardrius melodus, Piping Plover, nesting sporadically on beaches, dependent on areas in early stages of succession. Generally associated with natural overwash zones or dredge deposits. The impact of this project on this species should be insignificant. 4.12.2.4 Reptiles Alligator mississippiensis, American Alligator, this huge aquatic reptile would be rare in the area of operations. A mississippiensis occurs in coastal rivers, lakes, marshes, and estuaries. Nests, normally ranging from 46 to 76 cm (10 to 30 in.) high and 122 to 153 cm (48 to 60 in.) in diameter, are constructed by the female from vegetable debris and soil, usually near the water. The operators will not disturb any nests found (unlikely) and avoid adults of this species due to possible danger to the operators from aggressive nature of the species during warm periods. The impact of this project on this species should be insignificant. Chelonia mydas mydas, Atlantic Green Turtle, this medium to large marine turtle has been found in estuarine habitats, entering sounds and rivers in summer. It feeds in shallow water on algae, other vegetation, fish, shrimp, and a variety of other foods; adults prefer vegetation, especially roots. Once abundant at Beaufort, now occasionally along entire coast and in sounds. The operators will take special precautions to prevent harm to the species in the unlikely event this species is spotted. The impact of this project on this species should be insignificant. Caretta caretta, Loggerhead Turtle, this large marine turtle frequents the open ocean, estuarine habitats and rivers mouths. Females come ashore to lay eggs. It feeds on fishes, mollusks, sponges, jellyfish, squid, other animals and several marine plants. The operators will take special precautions to prevent harm to the species in the unlikely event this species is spotted. The impact of this project on this species should be insignificant. 4.12.2.5 Fish All threatened fish as listed in the.1996 Redbook are not affected by this operation due to distribution. See Table 7. Table 7 Threatened fish NOT affected by operations due to distribution Species Common name Distribution Cyprinella monacha Spotfin Chub Little Tennessee River, Swain and Macon counties Menidia extensa Waccamaw Silverside Lake Waccamaw and Upper Waccamaw River, Columbus county 10 Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 4.12.2.6 Mollusks The only threatened mollusk as listed in the 1996 Redbook is not affected by this operation due to distribution. See Table 8. Table 8. Threatened mollusks NOT affected by operations due to distribution Species Common name Distribution Mesodon clarhi nantahala Noonday Snail Swain county 4.12.2.7 Arthropods There are no threatened arthropods as listed in the 1996 Redbook. 4.13 Introduction of toxic substances No hazardous or toxic material will be used during the survey or the excavation and processing of the submerged logs. Therefore, there is no anticipated impact from hazardous or toxic wastes. 4.14 Eutrophication of receiving waters Albemarle Sound is the receiving body of water for the Perquimans River. The size of the sound, number of tributaries; water craft operations and subsequent channel clearing operations, create a continuous moderate level of eutrophication of the sound. The addition of sedimentation from this project is insignificant when compared to these existing factors. 5.00 MITIGATING MEASURES No mitigating measures are deemed necessary, due to the low impact on the existing environment from this project. 6.00 FINDING OF NO SIGNIFICANT IMPACT We have reviewed the Environmental Assessment for the Perguimans River North Carolina. Survey and Recovery of Logs and the information developed during preparation of this EA. Based on our review, we have determined that the proposed project will not significantly affect the quality of the human environment; therefore an Environmental Impact Statement will not be prepared. Date: Date: 11 ppendix A to Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from 2rquimans River, North Carolina Bottom contour of site #1, Perquimans River, Lost & Found Lumber Co. 1998 1 10 September 1998 -5 )epth it ft. -10 -15 AI J P of J UJU ,cJ ,,, t„z) n,tics yw) -iuz5 1075 1175 1175 1225 12501300 Distance in feet from west to east (4j WL) (N WL) Appendix B to Technical Report, EA-98-02, Details for Environmental Assessment and Finding of No Significant Impact for the Survey and Recovery of Logs from Perquimans River, North Carolina 10 September 1998 Bottom contour of site #2, Perquimans River, Lost & Found Lumber Co. 1998 0 -10 Depth in 20 ft. -30 -40 11-1 icj 3„v it Z) 933 Jcb bUU bib tbU 8ZS 900 975 1050 1125 1200 1275 1350 1400 Distance in feet from west to east Bottom contour of site #3, Perquimans River, Lost & Found Lumber Co. 1998 0 -5 )th ft. 0 West East -4 N I No _..__..._..._.-...........-......_..-..-......-..- .........................._...................._-..-.._._..._......_.._..-._....._......-................-.._.-......_.._....-_......_ ...._..._........... _............................... _.___.......................w.._._..._.............. _.-................................. -. 4. G , `.....„.. 4 -... -5.? 5 ..... -6 -5.9-I'll i oll- 6.61 , 6.6 -6.1 6 7- 6.5- _ 6.6 -7.2 -7.2--7.4, ? 7 ? ? 6.9` ?' / -7.8 -7.7 -7.6 -8.5 -8.5 9 -9.4 ---- ---- - -10- -1 1 5 -13 5 350 525 700 875 10501225 14001575 17501925 2100 2275 2450 2625 2800 2975 3150 3325 3500 3675 3850 4025'4Z00'43754550,4725,4900 Distance in feet from west to east (i WL) (VW'L) Bottom contour of site #4, Perquimans River, Lost & Found Lumber Co. 1998 0 -3.8,-4 5 ............ ..................................'`..: Y -6 Depth in ft. -7.5 - 9\ p _._..---._._....._ -10.4 / -10.7 -11.4 -11.3 \ -11.7 -12.\ -12.5 -13.3 -13.8 5 3 4 ._.__...._..... -........................... _? 5 ....................... _...... _... % 6 -7 / 8 -9 340 68010201360170020402380272030603400374040804420476051005440578061206460680071407480782081608500884091809520 Distance in feet from w Cy mj est to eastl ? i