20210307 Ver 1_USACE Comments_20211020

From:Hair, Sarah E CIV USARMY CESAW (USA)
To:Rerko, James J; Price, Gregory W; Sprinkle, Hannah H; Dilday, Jason L; Chapman, Amy
Subject:[External] FW: SAW-2020-00079/401 Certification/Cumberland Co/NC
Date:Friday, October 15, 2021 5:46:46 PM
Attachments:image001.png
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
FYSA…see comments from EPA below regarding the 401 certification and missing compensatory
mitigation.

*It may be a non-issue from the federal permitting stand point, as we routinely require 2:1
replacement for permanent impacts to good quality wetlands and perennial streams. I am working
through my decision document and hope to have a permit decision in the near future. As you are
aware, by regulation the Corps has 120 days to make a permit decision on individual permit actions,
we are currently at day 78.
Hope all is well with everyone!
Liz
From: Bowers, Todd <[e-mail]>
Sent: Thursday, October 7, 2021 12:17 PM
To: Hair, Sarah E CIV USARMY (USA) <[e-mail]>; 401-R4notices <401-
[e-mail]>
Subject: [Non-DoD Source] RE: SAW-2020-00079/401 Certification/Cumberland Co/NC

Liz,

Thank you for your notification in accordance with 40 CFR 121.12(a), for Water Quality
Certification #4465 dated September 22, 2021, issued by the North Carolina Division of
Water Resources. This notification is associated with the Cedar Creek Road Commercial
Project in Cumberland County, NC for CWA Section 404 Permit Application (SAW-2020-
00079 assumed from email subject). The EPA Region 4 Oceans, Wetlands and Streams
Protection Branch considered the potential for a hydrologic connection and potential for
water quality impacts to a neighboring jurisdiction from the project as certified. EPA does
not foresee water quality effects in a neighboring jurisdiction based on the location, nature,
and scope of the regulated activity. EPA will not issue a “may affect” determination for
this project under CWA Section 121.12.

Thank you for the opportunity to provide analysis and feedback on the aforementioned
Section 401(a)(2) notification.

On a side note (outside of the scope of the (a)(2) review), I would like to point out the that
Corps ID# was not on the WQC document. It also appears that there is missing mitigation
for permanent impacts to perennial streams. If this is a complete project then dividing it into
Sections A and B should not alleviate NCDOT from providing full mitigation (on a minimum
of 1:1 replacement ratio) of 1047 stream credits for 1047 linear feet of permanent impacts.
The state seems to be overlooking stream quality as well as impacts when determining
mitigation required. I would like to see some explanation as to why the 232 feet of impact of
Section A and 155 feet of Section B, both part of the entire Project, are not being replaced.
Yes, individually, they are below the 300 foot threshold for replacement but the entire
project needs to be considered and not individual impacts to WotUS. However, this
approach is resulting in over 400 feet of loss of WotUS and should be rectified. Even the
footnote of the impacts states that the total stream impact for Project: 1073 linear feet.
Only 26 feet of this is temporary and not in need of replacement. Let me know if you have
any further insight on this as I may be missing some information that would clarify this
apparent discrepancy.

Best Regards,

Todd Bowers

Please note that Wilmington District Section 404 Project Managers should submit the received North Carolina Section 401
Certifications to the EPA Region 4 401 Mailbox at: [e-mail] and to [e-mail]. I will respond
directly back to the Corps Project Manager with language similar to that above. Thank you for your

Todd Allen Bowers
US EPA Region 4 Oceans, Wetlands and Streams Protection Branch
61 Forsyth St. SW
Atlanta, GA 30303
404.562.9225
[e-mail]

Note: I am currently teleworking and away from the office. Please contact me via email or at
919.523.2637.

From: Hair, Sarah E CIV (USA) <[e-mail]>
Sent: Wednesday, October 6, 2021 6:19 PM
To: 401-R4notices <[e-mail]>
Cc: Bowers, Todd <[e-mail]>
Subject: SAW-2020-00079/Gillis Hill Road widening/NC DOT TIP U-5798/ 401
Certification/Cumberland Co/NC

Good evening,
Please see attached 401 Certification for the subject project.
Liz

Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
Work Cell: 910-512-4456