20171527 Ver 1_USACE Request for More Info_20191121

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 21, 2019
Regulatory Division/1200A
Action ID: SAW-2016-02542
Mr. David Newell
Person County Business and Industrial Center
Post Office Box 1824
Roxboro, North Carolina 27573
Dear Mr. Newell:
Subject: Request for Additional Information
i'1C Depai tinerit of
Environmental Quality
Received
t,:?V 2 5 20019
Winston-Salem
Regional Office
Please reference your application of January 8, 2019, for individual Department of the Army
(DA) permit authorization to construct a semiconductor chip manufacturing plant and associated
infrastructure within the area identified as the Person County Mega Park. The application was for
the discharge of fill material into 10,529 linear feet of stream and 1.94 acres of wetlands
associated with the development of a semiconductor chip manufacturing plant, including a fill
pad and transportation and utility infrastructure. The proposed project site is located south of
Edwin Robertson Road and is bisected by Country Club Road north of the City of Roxboro, in
northern Person County, North Carolina. The associated infrastructure projects for the
semiconductor chip manufacturing plant include water and gas utility lines that extend south
from the project along Country Club Road and transportation improvements that extend east
from the project along Edwin Robertson Road and Shiloh Church Road to US Highway 501.
The United States Army Corps of Engineers, Wilmington District (Corps) advertised your
proposal by public notice dated January 23, 2019, with a comment deadline date of February 22,
2019. On May 21, 2019, the Corps sent a letter to the Applicant summarizing the comments
received for the proposed project along with a detailed list of items that the Corps needed in
order to complete a review of the proposed project. The Applicant submitted a response to the
Corps' request for additional information on July 30, 2019. The Corps has reviewed the
additional information provided by the Applicant, and further clarification is required before the
Corps can continue evaluating the permit application. Please note that all "Attachments"
referenced in the below items were included as supplementary information to the Applicant's
letter dated July 30, 2019. See below for a detailed list of the additional information being
requested by the Corps:

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1. Provide a response to items 1, 3, and 5-7 from the N.C. Division of Water Resources
(NCDWR) letter entitled "Denial of 401 Water Quality Certification Application — Person
County Mega Park" dated September 11, 2019.
2. As previously requested in items 2.a and 3 in the Corps' letter dated May 21, 2019, provide
more detail on each of the proposed project components (buildings, parking, roads, etc.) to
explain the purpose of the components and the importance of each component to the overall
operational flow and function of the semicoriductor-chip manufacturing facility. Essentially,
explain why these components are necessary and how they tie together in the semiconductor
chip manufacturing process. As part of this additional detail, please provide information
specifically comparing the size (i.e., footprint) of the various project components proposed
relative to an existing facility of the same type and scale. This information is necessary to
enable evaluation of avoidance and minimization of this conceptual project.
3. Impact Maps:
a. Impacts detailed in Attachment B "Plan, Profile and Outlet Condition Impact Maps" are
not consistent with the impacts shown on Attachment D "Preliminary Jurisdictional
Waters of the U.S. Impacts Map." Please ensure that the impacts are accurate, clear and
consistent throughout the permit application.
b. Consistent with the NCDWR, the Corps considers riprap dissipator pads as permanent
impacts and not temporary impacts as shown by Timmons in Attachment B. Further, and
as described in Item 6 of NCDWR's incomplete application letter dated September 11,
2019, the Corps considers the impacts resulting from rip rap dissipator pads at Culverts 2,
3, 4, 7, and 8 as permanent impacts resulting in the permanent loss of waters. These
impacts would require compensatory mitigation due to the loss of aquatic function.
Please update. the impacts table, plan sheets, and compensatory mitigation plan
accordingly.
c. Impact 18 (Culvert 2): On Sheet 7 of Attachment D, it appears that a short reach of
stream extends outside of the Limits of Disturbance (LOD) just north of Culvert 2;
however, this reach does not appear to be included as a permanent impact on the impact
table included in Attachment D. This portion of the stream should be considered a
permanent loss of water and added as a permanent impact for Impact' 18, given that the
entire drainage basin would be rerouted and hydrology removed from this reach.
d. Impacts 19-20 (Culvert 1): According to the impacts table of Attachment D (Sheet 10),
these impacts would result in 860 linear feet (LF) of permanent impacts to streams;
however, Attachment B plans for Culvert 1 indicate that there would only be 350 LF of
permanent stream impacts and 42 LF of temporary stream impacts. Please clarify and
update plans and impact tables accordingly to ensure accurate representation of the
proposed project.

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e. Impact 17: Although a portion of Wetland W7-Site A was avoided at Impact 17, the
remainder of W7-Site A would be isolated from downstream waters resulting in a loss of
function. At Impact 17, all of Wetland W7-Site A should be considered a permanent
impact resulting in a permanent loss of water. Please update the impacts table, plan
sheets, and compensatory mitigation plan accordingly.
f. The labels and text on the impact maps are difficult to read electronically due to the small
size of text relative to the size of the page. As this is an electronic submittal, this makes
reviewing the project cumbersome and inefficient. Please ensure that labels are clear and
legible by increasing text/label size.
4. Mitigation:
a. Update the compensatory mitigation plan per items 3.b through 3.e above.
b. Provide justification for the reduced compensatory mitigation ratio of 1:1 proposed for
impacts to intermittent streams. Note that it is the policy of the Wilmington District to
require compensatory mitigation at a 2:1 mitigation to impact ratio unless it can be shown
that resources to be impacted have reduced aquatic function; this evaluation requires use
of the NC Stream Assessment Method (NCSAM) and NC Wetland Assessment Method
(NCWAM) for streams and wetlands, respectively. For those resources where a reduced
mitigation ratio cannot be justified via NCSAM and/or NCWAM, please revise the final
compensatory mitigation plan to account for a 2:1 ratio.
c. Impact 37: Provide additional detail on the stream crossing at Impact 37. Will the
sanitary sewer utility line be installed via open cut trench or is it possible to avoid stream
impacts via jack and bore or horizontal directional drilling? In the impact table included
in Attachment D, Impact 37 is listed as a temporary impact that would require
compensatory mitigation at a 1:1 mitigation ratio; however, the Raleigh Regulatory Field
Office does not typically require compensatory mitigation for temporary impacts so long
as the impacted area is returned to pre -construction conditions.
d. Please note that the NC Division of Mitigation Services (DMS) In -Lieu Fee Acceptance
Letter will expire on January 22, 2020.
5. On -site Alternatives Analysis:
a. Preferred Option 1 — Impacts to Wetland W7-Site A as shown on the "Preliminary
Jurisdictional Waters of the U.S. Impacts Map Preferred Option 1" (Attachment H)
indicate that all of Wetland W7-Site A would be impacted by the preferred option.
However, the impact maps included as Attachment D indicate that a portion of Wetland
W7-Site A north of the proposed project area would not be impacted. Please clarify.

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b. Option 2 (Attachment H) —Please justify why the loop road would need to extend so far
to the east. Can the loop road be tightened up to avoid impacts to Wetland WK Also, it
appears that there are significant impacts to aquatic resources south of the project area
and away from the proposed building footprint. Please explain why these impacts are
included even though they appear to be well outside of the project footprint.
6. NC Department of Natural and Cultural Resources (NCDNCR) Office of State Archaeology
Coordination:
a. Has the applicant received a response from the Office of State Archaeology regarding the
letter submitted on July 22, 2019, by Timmons Group (Attachment I)?
Your response to the comments above must be evaluated before we can make a final decision
on your application. You may submit additional information, revise your plans to help resolve
the issues, rebut the issues made, or request a decision based on the existing record. Please be
aware that, depending upon the level of detail provided, we may still have concerns and/or
questions that will need to be addressed.
Finally, if a permit is issued for your proposed project, it is our intention to condition the
permit such that no fill could be placed in waters of the U.S. until a specific end user has been
identified and all additional steps have been taken to avoid and minimize impacts to waters of the
U.S. for that particular end user. If you need additional assistance regarding any issues
mentioned in or information requested in this letter, please contact Mr. David Bailey at telephone
[phone] ext. 30 or email address David.E.Bailey2nusace.army.mil.
Sincerely,
C
Jean Gibby
Chief, Raleigh Field Office
Copies Furnished w/o enclosures:
Mr. Brian Breissinger
Timmons Group
1001 Boulders Parkway, Suite 300
Richmond, Virginia 23225

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Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
U.S. Environmental Protection Agency - Region IV
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of Environment
and Natural Resources
450 W. Hanes Mill Rd, Suite 300
Winston Salem, North Carolina 27105