20201077 Ver 1_USACE More Info Requested_20200915

Strickland, Bev
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, September 15, 2020 2:31 PM
To: [e-mail]; Jason Steele
Cc: Homewood, Sue
Subject: [External] Request for Additional Information - Registers Creek Pump Station and
Force Main, City of High Point, Guilford County; SAW-2020-00682
Attachments: Attachment.pdf
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Thank you for your PCN and attached information, dated 8/24/2020, for the above referenced project. I have reviewed
the information and need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 12
(http://saw-reg.usace.army.mil/NWP2017/2017NWP12.pdf). Please submit the requested information below (via e-mail
is fine) within 30 days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide
Permit or consider your application withdrawn and close the file:
1) The proposed project encroaches into a 200-foot buffer around Randleman Lake as required by an Individual
Permit issued by the Corps to Piedmont Triad Regional Water Authority (SAW-1991-02669, see attached) on
4/6/2001. Specifically, Special Condition c of this permit requires:
"As part of the project described in the EIS, the Permittee will acquire in fee simple or through conservation
easements a 200-foot wide horizontal buffer adjacent to and around the perimeter of the Randleman Lake. This
buffer will be maintained or developed as a forested preservation area. Existing fields and early successional
plant communities will be allowed to proceed through natural ecological succession ultimately to hardwood
forest. The buffer area will not be developed for silviculture, and no timber harvesting will be allowed except
where the forestry activities are necessary for the health and viability of the forest and are consistent with the
primary goal of watershed protection for the reservoir. No development of any type will be allowed in the buffer
area except for construction of and access to boat launching ramps. All other development such as boat access
parking areas, day visitor picnic facilities, restrooms, and walking and/or bicycle trails will be located outside the
buffer area. Any activities, including maintenance or modification of existing utilities, which result in land
disturbance or cutting of trees or vegetation within the buffer will require advance written approval from
U SAC E. "
Encroachments into PTRWA property as proposed by this project (see attached) do not appear to be in
compliance with this special condition, and aspects of this project that encroach into this buffer should be
redesigned to avoid encroachment or employ construction methodology that allows all existing forested
preservation areas to remain forested. Any encroachments into this buffer must be justified as unavoidable; in
this case, any such justifications must be accompanied by an acceptable buffer mitigation plan.
2) Per NWP 12 Regional Condition 4.1.1, utility line construction through jurisdictional waters must be
accomplished utilizing trenchless methods to the maximum extent practicable. Both Reddicks Creek and the
Deep River (see also item 1 above) are within water supply watersheds and warrant additional avoidance and
minimization of impacts to these resources. Please update the PCN and Plans to abide by this condition,
including stating the specific method of trenchless installation to be employed, entry/exit pits, etc. If such

techniques are not practicable for one or both crossings, please provide specific documentation that such
avoidance and minimization measures are not practicable (i.e. available and capable of being done after taking
into consideration cost, existing technology, and logistics in light of overall project purposes).
3) References to stream and wetland crossing details do not seem to be accurate. Please compare references on
Sheets PP-1 through PP-13 and ER-2 through ER-8 with detail sheets and ensure that references/details are
correct.
4) All stream impacts are listed on the PCN as temporary, however the plans show that rip rap is proposed to be
placed along the banks and in the channel of most if not all crossings. Since the rip rap material would not be
removed these impacts are considered permanent, although we would not consider them a permanent loss of
waters and these amounts would not contribute to the Nationwide Permit impact limit thresholds.
5) Please submit additional details about the wetland restoration plan for the temporary wetland impact areas,
including confirmation that the top 6-12 inches of the trench will be backfilled with topsoil from the trench, and
including a re -vegetation plan using native wetland species per NWP 12 Regional Condition 4.1.9.
Please let me know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: David. [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.

ACAD Rel: 23.Os (LMS Tech)
Filename: N:\WTU\Drawings\Permitting Set\CV- PLAN -SH TS01. dwg
Last Saved: 8/13/2020 3:14 PM Saved Bv: 03826
B6 ZONE 2
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Plot Date: 8/21/2020 2:16 AM Plot By: 02876 Filename: N:\WTU\Eng\E&SC\CV-ALL-EROF.dwg

DEPARTMENT OF THE ARMY PERMIT
Permittee PIEDMONT TRIAD REGIONAL WATER AUTHORITY
Permit No. 199102669
Issuing Office CESAW-RG
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: to discharge fill material into Section 404 waters and wetlands for the construction of a dam on the
Deep River approximately 2 miles upstream from the Town of Randleman. The project would include the
establishment of a 3,000-acre buffer zone consisting of a strip approximately 200 feet wide around the reservoir. The
project to be constructed is described in detail in the Final Environmental Impact Statement, Randleman Lake, Guilford
and Randolph Counties, North Carolina, dated December 2000.
Project Location: Deep River approximately 2 miles upstream from the Town of Randleman, Randolph County, North
Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing4 the work authorized ends on December 31, 2005. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area:
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X)Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325:7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PER EE) PIEDMONT TRIAD REGIONAL WATER AUTHORITY
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
ENGINEER) JAMES W.
,COLONEL
(DATE)
7715—en the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

Special Permit Conditions
The following Special Conditions will be required as conditions of compliance.
a. Mitigation - Cone's Folly Site. Prior to beginning project construction, the Permittee will
acquire for preservation purposes 608 acres of existing forested wetlands known as the Cone's
Folly Ancient Cypress Swamp site, as described in Sections 5.8.3 and 5.8.4 of the EIS. This site
will be conveyed to the Nature Conservancy or another agency or conservation group acceptable
to the USACE in fee simple to manage and protect the property in perpetuity. There may be no
reservation or conveyance of any rights to the applicant or any of its predecessors in title, other
than hunting, in connection with this conveyance. By way of example and not limitation, any
reservation of rights and/or lease agreement allowing controlled burns is not acceptable.
b. Mitigation - Wetland Restoration/Creation. The Permittee will restore and/or create
wetland functions on 121 acres of acres of forested wetlands along major tributaries of the Deep
River upstream of Randleman Lake as required by the NCDWQ and described in the Wetland
Mitigation Plan in Appendix E of the EIS. All plans developed for these sites will be provided to
and approved by the USACE prior to implementation. The instream structures to be constructed
in tributary streams of Randleman Lake will be for the purpose of restoring wetland functions on
adjacent floodplains. These structures will be designed to allow for the passage of fish and other
aquatic life. They will, not be designed to provide treatment of stormwater.
c. Lake Perimeter Buffer Zone. As part of the project described in the EIS, the Permittee will
acquire in fee simple or through conservation easements a 200-foot wide horizontal buffer
adjacent to and around the perimeter of the Randleman Lake. This buffer will be maintained or
developed as a forested preservation area. Existing fields and early successional plant
communities will be allowed to proceed through natural ecological succession ultimately to
hardwood forest. The buffer area will not be developed for silviculture, and no timber harvesting
will be allowed except where the forestry activities are necessary for the health and viability of
the forest and are consistent with the primary goal of watershed protection for the reservoir. No
development of any type will be allowed in the buffer area except for construction of and access
to boat launching ramps. All other development such as boat access parking areas, day visitor
picnic facilities, restrooms, and walking and/or bicycle trails will be located outside the buffer
area. Any activities, including maintenance or modification of existing utilities, which result in
land disturbance or cutting of trees or vegetation within the buffer will require advance written
approval from USACE.
d. Section 401 Compliance. The Permittee will comply with all conditions included in the
Section 401 Water Quality Certification # 3221 issued by the North Carolina Division of Water
Quality on March 11, 1999. These conditions are as follows:

(1) Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent versions of two manuals: either the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North Carolina
Surface Mining Manual" (available from the Division of Land Resources in the DENR
Regional or Central Offices). The control practices shall be utilized to prevent
exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh
water streams and rivers not designated as trout waters; 25 NTUs in all lakes and
reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
(2) All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources or
delegated local agency has released the project;
(3) Should waste or borrow sites be located in wetlands or streams, compensatory
mitigation will be required since it is a direct impact from road (sic) construction
activities;
(4) If any changes are made to 15A NCAC 2B.0248, .0249, .0250, and .0251 adopted by
the N.C. Environmental Management Commission on November 12, 1998, that are not
equal or more protective than these rules, then this Certification is voided and new 401
Certification with public notice is required;
(5) Compensatory mitigation shall be done to assure a 1:1 ratio of restoration or creation of
riparian wetlands in the watershed of the proposed reservoir. Sites should include those
discussed in NCDWQ's September 25, 1998 letter to the PTRWA. NCDWQ shall be
copied on a detailed mitigation and monitoring plan, as well as the approved ratio,
location, size and method of mitigation (restoration, enhancement, creation, and
preservation) within 90 days after the permit is issued and annual reports for the entire
length of the monitoring period. The final mitigation plan shall be sent to NCDWQ
within three months of issuance of the 404 Permit. Mitigation shall begin in
conjunction with land clearing for the reservoir.
e. Water Quality Monitoring. The Permittee will be responsible for monitoring and/or studies
of Randleman Lake water quality, as required and approved by NCDWQ, NCDWM, and the
USEPA.
f. Maintenance of Minimum Flows for the Cape Fear Shiner. In order to protect the
downstream habitat of the Federally -listed endangered Cape Fear shiner during the spawning and
juvenile development period, the Permittee will adjust releases from Randleman Dam during the
filling of Randleman Lake so as to maintain a minimum flow rate of 75 cubic feet per second
(cfs) in the Deep River at Coleridge, located about 22 miles downstream, during the months of
May, June, and July. The permittee is not required to maintain the minimum 75 cfs flow rate at
Coleridge during these months if flows are naturally lower, but further reductions of flow for
reservoir filling during such an event are not allowed.
2

g. Tiered Minimum Flow Releases. The operation of Randleman Lake will be in accordance
with the following tiered schedule for minimum releases. Minimum releases of 30 cfs are
required except during drought periods, when lower releases would be allowed. When the
reservoir status drops to 60 percent full, releases of at least 20 cfs are required. When the
reservoir is depleted to 30 percent full, releases of at least 10 cfs are required. When the usable
water supply storage has been reduced to the level which triggers the first reduction in the
minimum flow release (from 30 to 20 cfs), the average daily water withdrawal must be reduced
by at least 10 percent compared to the average daily withdrawal for the 60-day period
immediately prior to the first reduction in minimum flow. The water supply operator must
accomplish this reduction in withdrawal within two weeks of the reduction in the minimum flow
release (from 30 to 20 cfs). When the usable water supply storage has been reduced to the level
which triggers the second reduction in the minimum flow release (from 20 to 10 cfs), the average
daily withdrawal must be reduced by at least 20 percent.
h. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit.
91

ROCKINGHAM
03-06-0Y
Stokesdale
GUILFORD
General Map
Reidsville of the
CASwELL
Upper Cape Fear River Basin
—At 1MANCE
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• Mebane
r ORANGE
— .1 �Neu? hope Cr.
C% t
Hieh Point 1 J�.J_ -Durham
Randleman Lake _ ve
-- -- ----- Cho 1 DURHAM
PrOject Site
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03-06-13
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Legend1_�� ,
------ County Boundary Southem Pines
River Basin Boundary t
Subbasin Boundary HOKE
03-06-15; Fayeneville
Hydrography ` �J
C Municipality °a �� CUMBERLAND
I
UPPER CAPE FEAR RIVER BASIN
0 10 20 30 Miles
vic¢d y Mae
PIEDMONT TRIAD REGIONAL WATER AUTHORITY
LOCATION OF PROPOSED
BLACK &VEATCH RANDLEMAN LAKE
Figure 4