20210722 Ver 1_Corps on P-5726 Salisbury Station Complete Now_20210524

Wanucha, Dave
From:Williams, Andrew E CIV USARMY CESAW (USA) <Andrew.E.Williams2
@usace.army.mil>
Sent:Monday, May 24, 2021 11:55 AM
To:Sandy Smith
Cc:Euliss, Amy; Wanucha, Dave; Potter, Matthew W; Bryon Palmer
Subject:Corps on P-5726 Salisbury Station Complete Now
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Sandy,

Thank you for providing the additional information. USACE considers that application complete, at this point. However,
we are still in the process of conducting informal consultation with USFWS regarding the Schweinitz’s Sunflower
(Helianthus schweinitziii). Under NWP condition #18 (for Endangered Species), we cannot authorize the activity until
consultation is complete.

Once we receive any additional information from USFWS regarding our informal consultation request, we will notify
you.

Please let me know if you need to discuss or have any questions, etc.

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: Monday, May 24, 2021 11:18 AM
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 Morning Andy,

1

It is our intention with this e-mail to provide the information requested to make our permit application complete for
SAW-2019-00063 (NC DOT/P 5726 Salisbury Station Improvements) Rowan County. Below is an abbreviated list of
needed information with a description of our response in blue.

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.
See the attached PDF titled “P-5726 Stream Impact Justification”

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.
See two attached PDFs entitled “P-5726 – STR – YD 103 Accept Letter” for mitigation acceptance from NCDMS
and “P-5726 Stream Functional Assessment” that justifies a 1:1 mitigation ratio.

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.
See the attached PDF titled “P-5726_Permit Drawing_20210519” that has been revised to depict the reach of
stream subject to bank stabilization as a permanent impact.

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.
See the attached PDF titled “P-5726 Sunflower Habitat-Minimal” (this is the same information we provided last
week to be used as part of the USACE initiation of informal consultation with the USFWS).

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.
Thank you for the recommendation of a NWP change; we would like to have this application verified under the
NWP #18.

The plan calls for 132 linear feet of stream to be placed into a culvert. The stream is 5 feet wide for its entire
length, and the stream averages 6 inches deep below the Ordinary High Water Mark (OHWM) (see stream
photos in the attachments). This proposed fill will result in approximately 12.2 cubic yards of fill below the
OHWM; therefore, this impact is below the NWP #18 threshold of 25 cubic yards.

We hope you will find that the included and attached information results in a complete application package. Please let
us know if you find that anything else is needed.

Thank you for your assistance with this effort.

Sandy

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

2

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
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.
3

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.

4