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HomeMy WebLinkAbout20190687 Ver 1_SAW-2019-00898 NCDOT R5870 20190708 SIGNED_20190710DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 July 8, 2019 Regulatory Division SUBJECT: Action ID Number: SAW-2019-00898, NC DOT/R 5870, electronic Pre - Construction Notification Ms. Trish Beam North Carolina Department of Transportation Post Office Box 47 Shelby, North Carolina 28151-0047 Dear Ms. Beam: The Charlotte Regulatory Office received your electronic Pre -Construction Notification (ePCN) on May 29, 2019, requesting authorization to construct an access road to serve the proposed Alexander County Industrial Park. The proposed project is located at latitude 35.916428 and longitude-81.121326, in Alexander County, North Carolina, The Corps determined that this request was initially complete on May 31, 2019. Concurrent to your request, the Asheville Regulatory Office received a request from the Alexander County Economic Development Commission for a jurisdictional determination for another portion of the proposed Alexander County Industrial Park (Action ID SAW-2019- 00730). The Corps considers the Alexander County Industrial Park a single and complete project and ultimately will need to make an assessment of potential impacts to waters of the U.S. for the entire Park. Pursuant to U.S. Army Corps of Engineers regulations at 33 CFR Part 325.1 (d) (2), all activities which the applicant plans to undertake which are reasonably related to the same project and for which a Department of the Army permit would be required should be included in the same permit application. [The Corps] should reject, as incomplete, any permit application which fails to comply with this requirement, While the current proposal for an access road may be authorized via a Corps' general permit, these impacts in combination with future impacts to waters of the U.S, within the proposed Park may ultimately require an applicant (e.g. NCDOT, Alexander County, or a site developer) to request an individual permit to authorize impacts to jurisdictional aquatic resources. This type of authorization requires a more complex application package, public notice, lengthier review period, and preparation of an environmental decision document that includes special terms, conditions, and compensatory mitigation requirements. As we continue to review your request, we believe that it would be prudent to meet with representatives from the North Carolina -2- Department of Transportation and the Alexander County Economic Development Commission to discuss the ongoing development plans and activities slated for the Park. For your convenience, the meeting may be in Shelby, or in Alexander County, whichever location is most convenient. If you have any questions, please call Ms. Nicholle Braspennickx at 704-510-0162, or email her at Nj if 1p., L1.B-tea t fist c: ;t «s n v _at_.fiy .; ?a. You may also contact Ms. Amanda Jones at 828- 271-7980 ext. 4225, or email her at i arf:la 1c �E Musa .ar r �:;i`. Sincerely, -Foe Scott Jones, PWS Chief Asheville/Charlotte Regulatory Field Office cc (via email): Ms. Amanda Jones - Asheville Regulatory Office Mr. David Icenhour - Alexander County Economic Development