20191368 Ver 1_USACE Hold_20191023

From:
Thompson, Emily B CIV USARMY CESAW (US)
To:
Vesely, Will C
Cc:
Scarbraugh, Anthony
Subject:
RE: [External] RE: PCN application review for US-NC-5096-Hobucken (DWR Project No. 19-1368)
(UNCLASSIFIED)
Date:
Wednesday, October 23, 2019 1:30:10 PM
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Good afternoon Mr. Vesely,
I don't have Mr. Andy Ruocco's email address to include him on this correspondence, but I listened to the voicemail
left yesterday afternoon. Mr. Ruocco mentioned that NWP12 had been used for similar projects in North Carolina.
NWP39 (Commercial and Institutional Developments) is commonly used for projects similar to this one; however,
the proposed project location is within the 100-year floodplain, which excludes the use of this permit. The
Wilmington District strives for consistency, so please provide examples of NWP 12 being utilized for a culvert
crossing, an access road, and platform, completely constructed in Waters, including wetlands of the United States.
This email serves as official notice that the PCN application you submitted on behalf of Vertical Bridge, LLC for the
project in Pamlico County, North Carolina, is incomplete.
Please address the following:
1. The cross-section of fill in the Permit Drawings shows two (2) feet of fill. Will there be a slope, or how will this
fill be stabilized? One of the drawings shows silt fencing on the southern boundary of the impact area; however, this
is not sufficient. A more detailed cross-section needs to be provided.
2. The proposed WOUS crossing was not included in the impacts table. This needs to be calculated, and include a
cross-section of the crossing and culvert specifications.
3. In NWP 12 under the Access Roads section, it states that access roads must be constructed so that the length of
the road minimizes any adverse effects on waters of the U.S and must be as near as possible to pre -construction
contour and elevations. If not, they must be properly bridged or culverted to maintain surface flows.
a. There needs to be justification as to why the square platform area needs to be that far from the road and
why the access road cannot be shorter.
b. There are discrepancies between the PCN and the drawings of how wide the access road will be - will
the road be 12 feet or 24 feet wide?
c. A cross-section of the top, bottom, and slope height/widths of the road will be necessary to know if it
will be to grade, as referenced above.
c. The impacts table needs to separate the impacts (area) for the culverted crossing, access road, and square
platform after any changes occur from 3a. and 3b. above.
4. Once avoidance and minimization of impacts to aquatic resources have been applied, the Wilmington District
requires 2:1 for permanent impacts. The only exception is if an NCWAM form is prepared and shows that the area is
low quality, can the 2:1 ratio be reconsidered.
The PCN will be considered incomplete until the requested information is received. Based upon review of the
information you provide, additional information may be requested. If no information is received within 30 days, the
submittal will be administratively withdrawn, but can be reopened at any time by submitting the necessary

information.
Respectfully,
Emily
Emily B. Thompson
Regulatory Specialist
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
[phone]
[e-mail]
-----Original Message -----
From: Thompson, Emily B CIV USARMY CESAW (US)
Sent: Tuesday, October 22, 2019 3:57 PM
To: Vesely, Will C <[e-mail]>
Cc: Scarbraugh, Anthony <[e-mail]>
Subject: RE: [External] RE: PCN application review for US-NC-5096-Hobucken (DWR Project No. 19-1368)
(UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Good afternoon Mr. Vesely,
After reviewing the PCN, the project proposed does not meet the conditions of NWP12. The feature you intend to
cross would be considered a Waters of the U.S.; therefore, it would require a NWP 14 (Linear Transportation
Projects). NWP14 Regional Condition 4.8.2 authorizes 'only upland to upland crossings..." and based on the project
plans provided, there are no uplands.
The Corps follows the mitigation types in this order: avoidance, minimization, and compensatory mitigation.
Avoidance means avoiding an aquatic resource altogether by selecting the least damaging construction type, spatial
location, etc. Minimization means managing the severity of the impact on aquatic resources at the site through, for
example, project design. Lastly, compensatory mitigation is required after avoidance and minimization measures
have been applied. Applicants must first check to see if a private bank is available, but if not, in -lieu (DMS) is the
next option. A 2:1 requirement would be necessary to maintain consistency with our program.
Let me know if you have any questions.
Sincerely,
Emily
Emily B. Thompson
Regulatory Specialist
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
[phone]
[e-mail]
-----Original Message -----
From: Scarbraugh, Anthony[mailto:anthony.scarbraugh(kncdenr.gov]

Sent: Tuesday, October 22, 2019 12:32 PM
To: Vesely, Will C <[e-mail]>
Cc: Thompson, Emily B CIV USARMY CESAW (US) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: PCN application review for US-NC-5096-Hobucken (DWR Project
No. 19-1368)
Will,
As stated in my previous email, the figures will need to engineering design specific for the culvert placement and
tower site development.
Thanks,
Anthony Scarbraugh
From: Vesely, Will C [mailto:Will.Vesely(terracon.com]
Sent: Tuesday, October 22, 2019 11:45 AM
To: Scarbraugh, Anthony <[e-mail]>
Cc: [e-mail]
Subject: [External] RE: PCN application review for US-NC-5096-Hobucken (DWR Project No. 19-1368)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
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Anthony,
We are working on the culvert drawings and will have those to you shortly. For the cross -sectional fill slopes, are
you specifically talking around the culvert placement or at any area of the site being filled? All disturbed land will
be stabilized and sloped where appropriate with a minimum 3:1 slope upon project completion as applicable. A
cross-section view of the tower compound fill slopes is included in Exhibit 4 of the permit drawings and I can
update if needed to show the described slope.
Thanks,
Will Vesely, G.I.T.

Staff Scientist I Environmental
Terracon
1450 5th Street West, North Charleston, SC 29405
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From: Scarbraugh, Anthony <[e-mail] <mailto:athony.scarbraugh&ncdenr.gov> >
Sent: Monday, October 21, 2019 3:51 PM
To: Vesely, Will C <[e-mail] <mailto:Will.Veselykterracon.com> >
Cc: [e-mail] <mailto:Emily.B.Thompson&usace.army.mil>
Subject: PCN application review for US-NC-5096-Hobucken (DWR Project No. 19-1368)
Mr. Vesley,
After completing a preliminary review of the subject project, the Division of Water Resources has determined that
your application is incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
Access Road and Cell Tower Site Design Specification
The application for the proposed road impacts to waters and wetlands lacked engineered design specification
detail. This design should include cross -sectional detail including fill slopes and culvert placement to maintain
wetland and water connectivity. (15A NCAC 02H .0502(g))
If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and project may be denied.
Regards,
Anthony Scarbraugh
Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered
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