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HomeMy WebLinkAbout20060690 Ver 7_401 Application_20091119 DAVIS-MARTIN-POWELL & ASSOCIATES, INC. ENGINEERING • LAND PLANNING * SURVEYING 6415 Old Plank Road, High Point, NC 27265 (336) 886-4821 • Fax (336) 886-4458 • www.dmp-inc.com TRANSMITTAL W• O tP9 o Date: November 18, 2009 To: Cindi Karoly Re: City of Trinity Department of Water Quality Phase 4B-Old Town Sewer 401 /Wetlands Unit DMP JN 090027 1650 Mail Service Center Raleigh, NC 27699 We are sending you attached the following items: ? Shop Drawings ? Samples ? Copy of Letter ? Prints ? Specifications ? Other ? Plans ? Disk # Copies Drawin # Description Disposition 5 Pre-Construction Notification Form 5 Plan Sets (2 full size, 3 half size) pRs@9ow I A- N O V 1 cv' 2009 DENR - WATER QUALITY TLAHDS AND ST010MATER B Remarks Please accept this application for your review. You may contact Randy McNeill or myself in our office with any questions or comments. Thank you, By: & 62 Lisa S. Meadows, El c: File Ann Bailie-City of Trinity t ' O?0F W ATFROG p -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: X Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? X Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ?Yes XNo For the record only for Corps Permit: ?Yes XNo 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X No 2. Project Information 2a. Name of project: City of Trinity, Old Town Sewer System Improvements 2b. County: Randolph 2c. Nearest municipality / town: Trinity 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: Li %J U0 3. Owner Information 3a. Name(s) on Recorded Deed: City of Trinity DENR • WATER CUALiTY CH 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): WriN, d 3d. Street address: P.O. Box 50 3e. City, state, zip: Trinity, NC 27370 3f. Telephone no.: 336-431-2841 3g. Fax no.: 336-431-5079 3h. Email address: Citymanager-trinity@triad.rr.com Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): City of Trinity Easements 1 b. Site coordinates (in decimal degrees): Latitude: See Attachment Longitude: - 1c. Property size: N/A (sewer line project) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Upper Tributary of Uwharrie River 2b. Water Quality Classification of nearest receiving water: WS -III 2c. River basin: Yadkin Pee-Dee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site consists of residential, wooded areas, post office, daycare and retail spaces. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Project crosses 30 If of stream 3d. Explain the purpose of the proposed project: To extend public sewer service throughout the project area in order to overcome public health issues associated with the current septic systems. 3e. Describe the overall project in detail, including the type of equipment to be used: Install public sewer lines with excavator. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past. Comments: ? Yes X No ? Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands X Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ?P?T ? Yes ? Corps ?No ?DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T 0 Yes ? Corps ? No ? DWQ W4 ?P?T [] Yes ? Corps ?No ?DWQ W5 ? PC] T ? Yes ? Corps ?No ?DWQ W6 ? P ? T ? Yes ? Corps ?No ?DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P X T Temp. Exc. & Stab. UT to Uwharrie X PER ? INT X Corps 404 X DWQ 401 25 15 S2 ? P X T Temp. Exc. & UT to U wharrie X PER X Corps 404 34 15 Stab. ? INT X DWQ 401 S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T PER ? Corps ? INT ? DWQ S5 ? P ?T ?PER ? Corps ? INT DWQ S6 ? P ?T ?PER ? Corps ? INT ? DWQ S7 ? P ? T [] PER Corps ? INT ? DWQ 3h. Total stream and tributary impacts 30 3i. Comments: Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required 131 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No 133 ? PC] T ? Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Required stream crossings are proposed to be made as near perpendicular as possible and alignments have been shifted where possible to avoid wetlands impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Required stream crossings are reduced to a max. 15' wide to avoid excessive impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes X No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No new impervious surface is being added. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ORW (check all that apply): Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ® Yes ? No letter.) Comments: NEPA is approved for all of Phase 4 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project does not include any development, as it is designed to provide public sewer to existing homes only. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewage from this project flows by gravity into Trinity's Phase 4A-Contract 2 sewer system which is ultimately at the City of Thomasville's Hamby Creek WWTP. Page 9 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? U.S. Fish and Wildlife Service Website. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? U.S. Fish and Wildlife Service Website. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC Historic Sites Website 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: project has no fill and does not raise the base flood elevation 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System L ?? II 14101 Ann 15CLihe -?, , -?- , Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 IA C 0 = Z! E 'E ¦? 1-1 0 L ? U O ci ?0 o VIE m 3L o U) H 'a O 3: 3: M ? tD tD ? L(00 1 0 0 C (01 0) i Z Z 0 L n oooo V ri ri Ln Ln 0 0 Ln Ln m M C R d M ? 0 I? N 0 t6 to U) (n 0 t a E u-) u 4- 06 oz? o ; ; 0 fl' X X w w 0 E fC i i Z ro m D D D U) c Fi ,-- N N O O O U N 10- Q. CL? z Q ? , Environmental Assessment As a part of the planning process for the Phases 3, 4, and 5 sewer extensions that are being financed in part by USDA-RD, a comprehensive NEPA Environmental Assessment (EA) was conducted between 2003 and 2005. An archeological survey of the sewer line routes along the Uwharrrie was also conducted in 2005. A copy of the cover of the EA, cover of an archaeological survey, letter indicating no significant cultural resources were discovered and USDA-RD's letter's are enclosed to document the approval of the EA. This Phase 48-2009 Sewer Extensions project represents a small portion of the areas examined in the EA. CITY OF TRINITY PHASES 3, 4, AND 5 SEWER IMPROVEMENTS RANDOLPH COUNTY, N.C. USDA RURAL UTILITIES SERVICE NEPA ENVIRONMENTAL REPORT Lead Agency Contact: Mr. H. Allen Hart USDA, Rural Utilities Service PO Box 970 Yanceyville, NC 27379 (336) 694-4162 Extension 4 Municipal Contact: Project Engineer: Ms. Ann Bailie, City Manager Mr. Randy McNeill, P.E. City of Trinity, P.O. Box 50 Davis-Martin-Powell & Associates, Inc. 6701 NC Hwy 62 6415 Old Plank Road Trinity, NC 27370 High Point, NC 27265 (336) 431-2841 (336) 886-4821 ER Prepared By: Robert J. Goldstein & Associates, Inc. ENVIRONMENTAL CONSULTANTS 8480 Garvey Drive Raleigh, North Carolina 27616-3175 Tel (919) 872-1174 Fax (919) 872-9214 RJG&A Project No. 2452 a ARCHAEOLOGICAL CONSULTANTS OF THE CAROLINAS, INC. 704 West Main Street Clayton, NC 27520 (919) 553-9007 fax (919) 553-9077 December 5, 2005 Mr. Peter Sandbeck North Carolina Department of Cultural Resources 507 N. Blount Street Raleigh, NC 27699 RE: Archaeological Investigation of the Trinity Sewer Line Dear Mr. Sandbeck: Please find enclosed two (2) copies of the draft report entitled Archaeological Survey of the Trinity Sewer Line, Randolph County, North Carolina. This investigation was conducted pursuant to a State Historic Preservation Office request to examine select portions the proposed Trinity sewer line that paralleled the Uwharrie River and three proposed pump stations. This investigation did not identify any significant cultural resources and we are recommending that clearance to proceed be granted I look forward to receiving your comments. Please don't hesitate to call me at (919) 553- 9007 if you have any questions about this investigation. erely, awn Reid Archaeologist Enclosures ,cc: Robert Goldstein, Robert Goldstein and Associates, Inc. (w/2 report copies;) Archaeological Survey of the 't'rinity Sewer Line Randolph County, North Carolina Prepared for Robert J. Goldstein and Associates, Inc. Raleigh, North Carolina Prepared by MacKensie Cornelius Rachel Tibbetts Archaeological Technician Archaeologist and Dawn Reid Senior Archaeologist under the irection of o y Sout er m cipal Investigator Archaeological Consultants of the Carohnas, Inc. 2005 USDA ?a Development U - I L ,J United States Department of Agriculture Rural Development Greensboro Office August 11, 2006 Robert Goldstein and Associates .lessi O'Neal, Biologist 1221 Corporation Parkway, Suite 100 Raleigh, NC 27610 Re: EPA Correspondence, City of Trinity Sewer Improvements, Phases 3,4, and 5 Dear Ms. O'Neal, This letter is in response to your correspondence to my office dated July 24, 2006. Rural Development has reviewed the comments from EPA and a proposed response by the City of Trinity. It is the opinion of the Agency that the environmental review process was properly completed and that no reply is necessary to EPA by Rural Development or the City. Attached to this letter is a memorandum from the Rural Development State Environmental Coordinator that will explain the agency decision in more detail. If you require assistance or additional information, do not hesitate to contact me. Best r gard , l H. Allen Hart Area Specialist Cc: Ned Giliispie Dennis Delong Ann Baillie Henderson Building Suite 104 2301 W. fvfeadowview Rd Greensboro. HC 27407 Phone: (336) 294-7181 • Fax (336) 294-5607 • TDD: (919) 873-2003 • Web: htlp7/Wv"/,rurdev.usda.c)ovmc ?ommilted to the future of rural communities. '!JSDA is an equal opportunity provider, emplover and lender To file a comniainl of oiscriminalion write USDA, Director. Df(ice of Civil Rights. Room .'.26-W. ip/hitten Budding. ?4` and Independence Avenue. SVV.'Nashinglon. DC 20250-9410 or call (202) 720-5964 (voice or TDD) USDA ?u Rura-?- Development United States Department of Agriculture Rural Development State Office August 7, 2006 SUBJECT: City of Trinity, NC Memo dated July 24, 2006 from Jessi O'Neal, RJGA Regarding The City's Response to EPA Comments 10-31-05 and NCWRC Letter dated 1-7-2005 about the Environmental Review for Phases 3, 4, and 5 of the Sewer Project TO: H. Allen Hart, Area Specialist USDA- Raral Development Greensboro, NC Allen, I have reviewed the subject memo you forwarded to me from Jessi O'Neal and the letters from EPA and NCWRC. Given that the environmental report was prepared for the applicant and USDA-Rural Development, and it was accepted by RD as our official Environmental Assessment, and the Review process was properly completed, it is my opinion that unless some more recent communication has been received from EPA and NCWRC other than the ones mentioned in the memo from Jessi O'Neal and the City's draft response to EPA, that no reply from RD or the city is necessary to either. The Review Process: On 07/26/2005 the July 5, 2005 draft of the environmental report prepared by RJGA was accepted as RD's Environmental Assessment for the proposed Phases 3, 4, and 5 Sewer Project for the City of Trinity. Authorization was given for you to notify the City to publish a Notice of Availability of an Environmental Assessment and to distribute copies of the EA to public agencies in addition to individuals who made a request. On 08/02/05, letters and copies of the EA were mailed to NC Clearinghouse agencies and federal agencies. On 08/15, 16, & 17/2005 the "Notice of Availability of an Environmental Assessment" was published in the High Point Enterprise for a 30-day public comment period. Included in the Notice was the requirement to respond by September 14, 2005. It was noted that no comments were received during the comment period. Based on no comments being received, on September 19; 2005, I as the RD State Envirolu-nental 4405 Bland Road. Suite 260 Raleigh. North Carolina 27609 ?hone (919) 8713-2000 , Fax (919) 873-2075 • TDD (919) 873-2003 • Web' hlto:/hwiw.rurdev usda.govmc Committed to the future of rural communities. USDA is an equal opportunity provider, employer and lender." To file a complaint of discrimination write USDA, Director. Office of Civil Rights, 1400 Independence Avenue, S.W . 'Alashinglon. DC 20250-94 10 or call (800) 795:;272 (voice I or (202) 720-6;382 !TDD) Coordinator, made a recommendation to the RD State Director that he sign a FONSI (Finding Of No Significant Impact) which he did on September 22, 2005. A public notice of the Agency's (RD) FONSI was first published in the High Point Enterprise on October 9, 2005. There was no additional comment period in the FONSI Notice. A second public notification of the FONSI was printed in the local Archdale-Trinity News on 11/110, 17, 24/2005. The 1-7-05 NCWRC Letter: The 1-7-05 letter from NCWRC was received during the scoping process prior to the July 5, 2005 final draft of the ER being accepted as RD's Envirotmzental Assessment on July 26, 2005. The scoping comments in the 1-7-2005 NCWRC letter were considered in the preparation of the EA and a copy of the letter was included in the exhibits to the EA. Response to the NCWRC's 1-7-05 scoping comments were addressed by virtue of distribution of the EA to NCWRC through the NC Clearinghouse process. No further response to NCWRC is necessary. The 10-25-05 EPA Letter: The October 25, 2005 EPA comment letter to Jessi O'Neal of RJGA (received at RJGA on 10-31-05) should have been forwarded immediately to USDA - Rural Development for a response by RD. It is noted that the response was received at RJGA after the published comment period and after RD had already concluded the agency's environmental review process with a FONSI signed by the State Director on September 22, 2005 which also stated an EIS would not be prepared. Rural Development made a determination that the proposed project did not rise to the level of environmental review that would require an environmental impact statement. Rural Development only recently received a copy of the EPA 10/25/05 letter in July, 2006. I have concluded, after careful consideration, the concerns in the EPA letter were adequately addressed in the environmental assessment and the mitigation measures contained therein. The mitigation measures were made part of the requirements in the letter of conditions offering financial assistance to the applicant. It is somewhat evident that the author of the EPA letter is not aware of some of the requirements of Rural Development's (Rural Utility Service) Water and Waste Program, in particular the use of EJCDC contract documents, plans and specifications, and the enforcement of and the use of best management construction practices, adherence to permitting requirements, sedimentation and erosion controls, approval of plans and specifications by the RD state engineer and by the proper state agencies, and the requirement of the employment of an on-site construction inspector to ensure compliance during the construction process. The 7-3-2006 Draft Letter to Jessi O'Neal from the Citv of Trinity: This letter could serve as a statement of' the City's methods of handling enforcement of ordinances and policies to have on file for this project but it would not be necessary to forward it to EPA or NCWRC. Recommendation: Rural Development's environmental review process was concluded on September 22, 2005 with a public announcement of the Agency's decision first published on October 9. 2005. t 4 RD knows of no other concerns raised during the advertised public comment period for the "Notice of Availability of an Environmental Assessment Unless there has been some additional recent inquiry by EPA or NCWRC, I recommend that Rural Development make no response at this time to EPA or NCWRC. If there are other comments that have been received by RJGA, the project engineer, or the City regarding the RD's Environmental Assessment, they should be forwarded to RD for our review. Please advise RJGA, the project engineer, and the City, that in the future, whether on this project or any future project, public agency or private individual comments received as part of the environmental review should be forwarded immediately to RD upon receipt. If you have any questions about this, please let me know. Ned W. Gillespie State Environmental Coordinator Cc: Dennis Delong