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HomeMy WebLinkAboutRE_ _External_ FW_ Provisional Verification_ SAW-2023-01249 (Dollar General _ 46 Main Street _ Smithfield NC _ Johnston County) (2)Baker, Caroline D From: Thomas, Zachary T Sent: Tuesday, June 4, 2024 10:26 AM To: Timothy P O'Halloran, PWS; Michelle Savage-Measday, PWS Cc: Martin, Matthew K CIV CESAW Subject: RE: [External] FW: Provisional Verification: SAW-2023-01249 (Dollar General / 46 Main Street / Smithfield NC / Johnston County) Hi Timothy, Thank you for your quick response. For Item 1 below, nothing further is required, I will make sure to include the riprap as a permanent impact. For Item 2 below, I discussed again with my central office and would like to apologize for any confusion. Per the buffer clarification memo, you are correct and only the portion outside of the wetland area will require buffer mitigation. I will finish this letter up and send out for signature shortly. Sorry again for the confusion and please let me know if you have any questions. Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 zachary.thomas@deg.nc.gov Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 E Q11 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Timothy P O'Halloran, PWS <TOHalloran@ecslimited.com> Sent: Monday, June 3, 2024 1:49 PM To: Thomas, Zachary T <zachary.thomas@deq.nc.gov>; Michelle Savage-Measday, PWS <MMeasday@ecslimited.com> Cc: Martin, Matthew K CIV CESAW <Matthew.K.Martin@usace.army.mil> Subject: RE: [External] FW: Provisional Verification: SAW-2023-01249 (Dollar General / 46 Main Street / Smithfield NC / Johnston County) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hi Zach, Thanks for the providing these comments. 1. Noted, must have been a mis-click on my end. Do I need to do anything to change the impact from temporary to permanent or were you able to change it on your end? 2. Its our understanding that because the wetland impacts are being permitted through the Army Corps and under the 401 Water Quality Certificate, that wetland impacts within the riparian buffer do not need to be mitigated for. Per (3)(c) of the of the buffer regulations "Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506" Why are buffer credits needed if the wetland impacts are covered under the NWP and below the 401 thresholds? TIMOTHY P O'HALLORAN, PWS I TOHalloran@ecslimited.com Environmental Project Manager T 704.525.5152 C 980.920.9615 (M I Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Sent: Friday, May 31, 2024 12:06 PM To: Michelle Savage-Measday, PWS <MMeasdav@ecslimited.com>; Timothy P O'Halloran, PWS <TOHalloran@ecslimited.com> Cc: Martin, Matthew K CIV CESAW <Matthew.K.Martin@usace.army.mil> Subject: RE: [External] FW: Provisional Verification: SAW-2023-01249 (Dollar General / 46 Main Street / Smithfield NC / Johnston County) Hi Michelle, I have completed my review for the DG Market Wilson Mills Project (DWR# 20240558), and I have a few items that need to be addressed before I can move forward. Please respond to this email within 30 days. This project will be considered on hold until a full response is received. 1. Please be advised that riprap within the stream channel is considered a permanent impact (no loss). Impacts to Stream 1 will be considered 23 LF of permanent impact in any issued 401 certification. 2. While the road crossing impacts to the riparian buffer zones for Stream 1 are not disputed, only a portion of the square footage has been accounted for in the PCN application for both total impacts and mitigation required. a. While wetland impacts are overlapping within the riparian buffer zones, non -perpendicular road crossings require mitigation for the entire impact area per the table of uses. Please update your impact totals for the below areas: i. Zone 1 Temporary: 362 SF (?) ii. Zone 1 Permanent: SF iii. Zone 2 Permanent: SF b. Please also update your mitigation totals according to the updated totals above (Z1-3:1 multiplier and Z2-1.5:1 multiplier) and provide an updated SOA that will cover the full amount. 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Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 zachary.thomas@deg.nc.gov Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Michelle Savage-Measday, PWS <MMeasdav@ecslimited.com> Sent: Thursday, May 30, 2024 10:13 AM To: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Cc: Timothy P O'Halloran, PWS <TOHalloran@ecslimited.com> Subject: RE: [External] FW: Provisional Verification: SAW-2023-01249 (Dollar General / 46 Main Street / Smithfield NC / Johnston County) 3 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Thanks, Zach. MICHELLE SAVAGE-MEASDAY, PWS I MMeasday@ecslimited.com Environmental Principal T 919.861.9910 D 919.861.9821 C 919.441.2437 (n10 If J 0 Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Sent: Thursday, May 30, 2024 10:06 AM To: Michelle Savage-Measday, PWS <MMeasdav@ecslimited.com> Cc: Timothy P O'Halloran, PWS <TOHalloran@ecslimited.com> Subject: RE: [External] FW: Provisional Verification: SAW-2023-01249 (Dollar General / 46 Main Street / Smithfield NC / Johnston County) Hi Michelle, This application (DWR# 20240558) is next in line on my list for review. I will make sure to reach out with any questions that might come up. Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 zachary.thomas@deg.nc.gov Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 DEQy Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Michelle Savage-Measday, PWS <MMeasdav@ecslimited.com> Sent: Thursday, May 30, 2024 9:39 AM To: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Cc: Timothy P O'Halloran, PWS <TOHalloran@ecslimited.com> Subject: [External] FW: Provisional Verification: SAW-2023-01249 (Dollar General / 46 Main Street / Smithfield NC / Johnston County) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Zachary, I am following up on the status of the 401 for this recently issued provisional permit. Thanks, Michelle MICHELLE SAVAGE-MEASDAY, PWS I MMeasday@ecslimited.com Environmental Principal T 919.861.9910 D 919.861.9821 C 919.441.2437 Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Martin, Matthew K CIV (USA) <Matthew.K.Martin@usace.army.mil> Sent: Monday, May 13, 2024 10:27 AM To: Mark Zawadski <MZawadski@zarem bagroup.com> Cc: Timothy P O'Halloran, PWS <TOHalloran@ecslimited.com>; Thomas, Zachary T <zachary.thomas@deg.nc.gov> Subject: Provisional Verification: SAW-2023-01249 (Dollar General / 46 Main Street / Smithfield NC / Johnston County) Dear Mark Zawadski, This correspondence is in response to a Pre -Construction Notification (PCN) received on April 12, 2024, and considered complete on April 12, 2024. In submitting the PCN, you requested verification that the proposed project is authorized by a Department of the Army (DA) Nationwide Permit (NWP). The work affecting waters of the United States is part of an overall project known as the DG Market - Wilsons Mills. The activities in waters of the United States include the permanent discharge of dredged of fill material into 0.097 acre of wetland waters and the temporary discharge of dredge or fill material into 0.011 acre of water waters. Additionally, the permeant discharge of fill material into 0.002 acre (23 linear feet) of stream, this discharge is not considered a loss. The project is located directly northwest of the intersection of Wilson Mills Road and Main Street, at Parcel ID 169610-45-1720, in Johnston County, North Carolina. This letter is a provisional notification that your proposed project has been reviewed under Nationwide Permit 18 (Minor Discharge). In accordance with 40 CFR Part 121 (401 Rule), the Corps cannot take final action on the NWP verification request until the procedures outlined in the 401 Rule for an individual Water Quality Certificate (WQC) have been completed. Specifically, a Department of the Army (DA) permit or verification cannot be issued until a Section 401 WQC has been either issued, waived, or denied, and the neighboring jurisdiction review process described in 40 CFR 121 has been successfully completed. Conditions of the Individual Section 401 WQC will generally become conditions of any final NWP verification letter. Should state action on the required WQC approve a project different from that shown on the current application, a modification to the PCN will be required. You should notify our office of any such changes as substantial changes may require further evaluation. As stated above, this is a provisional notification. This letter does NOT provide Department of the Army (DA) authorization. You are cautioned that commencement of the proposed activity(ies) requested prior to receiving a written DA authorization would constitute a violation of Federal law and subject you to further enforcement action. Receipt of a certification from the state (e.g., NC Division of Water Resources and/or NC Division of Marine Fisheries) does not preclude the requirement for obtaining DA authorization (e.g., an NWP verification letter) prior to commencing the work. In all future correspondence, please refer to file number SAW-2023-01249. This correspondence has also been copied to State and/or Federal agencies for their information. If you have any questions, please contact Matthew K. Martin at (984) 800-3741, or by email at matthew.k.martin@usace.army.mil. Sincerely, Matthew K. Martin, PWS Regulatory Specialist U.S. Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Mobile: (984) 800-3741 Email: matthew.k.martin@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: https://re- uq latory.ops.usace.army.mil/customer-service-surveyl. Thank you for taking the time to visit this site and complete the survey. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.