20210722 Ver 1_Corps_Incomplete Notification_20210519

Wanucha, Dave
From:Williams, Andrew E CIV USARMY CESAW (USA) <Andrew.E.Williams2
@usace.army.mil>
Sent:Wednesday, May 19, 2021 3:27 PM
To:Sandy Smith
Cc:Euliss, Amy; Wanucha, Dave; Potter, Matthew W; Bryon Palmer
Subject:Corps_Incomplete Notification
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Sandy,

Thanks. You are correct. I can use this to begin the informal Section 7 consultation. I should get the email to USFWS
either later today or tomorrow.

Andrew Williams
Regulatory Project Manager
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office Tel: [phone], x26

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
https://regulatory.ops.usace.army.mil/customer-service-survey/
to complete the survey online.

From: Sandy Smith <[e-mail]>
Sent: Wednesday, May 19, 2021 3:14 PM
To: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Euliss, Amy <[e-mail]>; Dave Wanucha ([e-mail]) <[e-mail]>;
Potter, Matthew W <[e-mail]>; Bryon Palmer <[e-mail]>
Subject: \[Non-DoD Source\] RE: SAW-2019-00063 (NC DOT/P 5726 Salisbury Station Improvements) Rowan County-
Incomplete Notification

Good Afternoon Andy,

We have received your e-mail request for additional information (five items) to make the P-5726 permit application
complete. I would like to provide you will everything at once; however, I am still waiting for information for two
items. I am going to provide you now with one item – item 4 concerning habitat for Schweinitz’s sunflower, as I
understand this will allow you to go ahead and coordinate with the USFWS.

I expect to provide the additional information shortly.

Thank you,

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Sandy

Alexander P. (Sandy) Smith
Axiom Environmental, Inc.
218 Snow Avenue
Raleigh, NC 27603

Office/cell: 919-270-9306

From: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, May 19, 2021 11:28 AM
To: Sandy Smith <[e-mail]>
Cc: Euliss, Amy <[e-mail]>; Dave Wanucha ([e-mail]) <[e-mail]>;
Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Subject: SAW-2019-00063 (NC DOT/P 5726 Salisbury Station Improvements) Rowan County- Incomplete Notification

Sandy:

As always, it was good to talk with you today and discuss the proposed NCDOT Salisbury Station Project.

As we discussed, the Pre-construction notification (PCN) for the proposed NCDOT Salisbury Station Project (SAW-2019-
00063), received on May 18, 2021 is incomplete.

In order for us to continue evaluating the proposed project, please provide the following information:

1. Please consider constructing the proposed passenger platform on pilings to further reduce impacts to the stream. If
the platform cannot be constructed on pilings, please provide a brief explanation. NWP general condition #23 (a),
Mitigation, states that the activity must be designed and constructed to avoid and minimize adverse effects, both
temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on
site) and (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to
the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.

2. A proposed mitigation plan (provided #1 above does not result in impact elimination). Also, you should provide any
information, such as completed North Carolina Stream Assessment Method (NCSAM) forms, stream descriptions and
recent photographs that would assist in verifying your proposed compensatory mitigation ratio. The Nationwide Permit
(NWP) general condition 23(d), which pertains to mitigation, states, “For losses of streams or other open waters that
require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects.”. As described in the attached letters between
the Corps of Engineers and NCDOT dated September 1, 2004 and October 19, 2004, the Corps will require
compensatory mitigation for the stream length loss associated with this proposed project.

3. Stream bank stabilization that results in the placement of rip rap below the ordinary high water mark (OHWM) is
considered as a permanent impact (but not a loss of waters). Please provide a revised plan indicating the stream bank
impacts are permanent.

4. The PCN indicates that suitable habitat for Schweinitz's sunflower (Helianthus schweinitzii) is within the proposed
project area. As such, we will initiate informal consultation with the US Fish and Wildlife Service (USFWS) for this
species. Please provide any information that you believe would be helpful regarding this evaluation. This information
will be forwarded to USFWS for their review.

Nationwide permit condition 18 Endangered Species states, (a) No activity is authorized under any NWP which is likely
to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed
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for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly
destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which ‘‘may
affect’’ a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed
activity has been completed.

The following item was a topic of discussion, but does not make the application incomplete. However, based on our
discussion you may choose to address this.

5. This project may be eligible for authorization under Nationwide Permit #18, provided the total amount of fill below
the OHWM, is 25 cubic yards or less. If you decide that it is beneficial to you (the applicant) to have this verified under
the NWP #18, please indicate so in your response to this email, and provide the calculations of fill volume (below the
OHWM) for the project.

Please provide the requested information within 30 days, or your application will be withdrawn. Feel free to contact me
with any questions or concerns. Thanks.

Andrew Williams
Regulatory Project Manager
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office Tel: [phone], x26

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
https://regulatory.ops.usace.army.mil/customer-service-survey/
to complete the survey online.

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