HomeMy WebLinkAbout20130782 Ver 1_Emails_20130605Higgins, Karen
From: Higgins, Karen
Sent: Friday, June 07, 2013 1:37 PM
To: 'Kim Williams'
Cc: 'jswope @sampsonedc.com'; 'Corey Glenn'; Craig Turner; Kulz, Eric; Burdette, Jennifer
a; Turlington, Chad
Subject: RE: sampson co site
Thanks-
Karen
Karen Higgins
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCaENR - division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: (919) 807 -6360
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Kim Williams [mailto:kwilliamsCa)lm. roup.net]
Sent: Friday, June 07, 2013 1:34 PM
To: Higgins, Karen
Cc: 'jswope @sampsonedc.com'; 'Corey Glenn'; Craig Turner; Kulz, Eric; Burdette, Jennifer a; Turlington, Chad
Subject: RE: sampson co site
Hi Karen
How about 9 am on the 25th at the site? Attached are a few maps of the area. Take 1 -40 to exit 355 onto NC 117/403 N
(aka Connector Road). Site will be on the left.
Thanks,
Kim
Kim Williams ( Environmental Scientist
Land Management Group, Inc I Environmental CcnSUltants
Direct: 452 -0001 x 1908 ( Cell: 910.471.5035 ( Fax: 910.452.0060
mail: kwiIIiamS(@Imgroup.net website:www.lmgroup.net
35015 Wrightsville Ave., Suite 15 1 Wilmington, NC 234013
1
From: Higgins, Karen [ mailto :karen.hig_ainsCa)ncdenr.Qov]
Sent: Thursday, June 06, 2013 10:34 AM
To: Kim Williams
Cc: 'jswope @sampsonedc.com'; 'Corey Glenn'; Craig Turner; Kulz, Eric; Burdette, Jennifer a; Turlington, Chad
Subject: RE: sampson co site
Hi Kim-
Looks like the morning of the 25th works better for us. Please let me know a time and location to meet, and thanks for
sending the JD!
Thanks-
Karen
Karen Higgins
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - Division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: (919) 807 -6360
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Kim Williams [mailto:kwilliamsCa)lm. roup.net]
Sent: Wednesday, June 05, 2013 4:51 PM
To: Higgins, Karen
Cc: 'jswope @sampsonedc.com'; 'Corey Glenn'; Craig Turner
Subject: sampson co site
Hi Karen
I contacted John Swope with Sampson Co. Economic Development and Corey Glenn with Enviva. We can meet on 6/25
(morning preferable) or 6/27 (afternoon preferable). Let me know what works for you.
Thanks!
Kim
Kim Williams ( Environmental Scientist
Land Management Group, Inc ( Environmental CcnSUltants
Direct: 452 -0001 x 1908 ( Cell: 910.471.5035 ( Fax: 910.452.0060
mail: kwiIIiamS(@Imgroup.net website:www.lmgroup.net
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 1
<hr
Higgins, Karen
From: Higgins, Karen
Sent: Thursday, June 06, 2013 10:34 AM
To: 'Kim Williams'
Cc: 'jswope @sampsonedc.com'; 'Corey Glenn'; Craig Turner; Kulz, Eric; Burdette, Jennifer
a; Turlington, Chad
Subject: RE: sampson co site
Hi Kim-
Looks like the morning of the 25th works better for us. Please let me know a time and location to meet, and thanks for
sending the JD!
Thanks-
Karen
Karen Higgins
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - Division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: (919) 807 -6360
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Kim Williams [mailto:kwilliamsCa)lm. roup.net]
Sent: Wednesday, June 05, 2013 4:51 PM
To: Higgins, Karen
Cc: 'jswope @sampsonedc.com'; 'Corey Glenn'; Craig Turner
Subject: sampson co site
Hi Karen
I contacted John Swope with Sampson Co. Economic Development and Corey Glenn with Enviva. We can meet on 6/25
(morning preferable) or 6/27 (afternoon preferable). Let me know what works for you.
Thanks!
Kim
Kim Williams ( Environmental Scientist
Land Management Group, Inc ( Environmental CcnSUltants
Direct: 452 -0001 x 1908 ( Cell: 910.471.5035 ( Fax: 910.452.0060
mail: kwiIIiamS(@Imgroup.net website:www.lmgroup.net
4
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 1
Higgins, Karen
From: Higgins, Karen
Sent: Wednesday, June 05, 2013 5:03 PM
To: Kulz, Eric; Burdette, Jennifer a; Turlington, Chad
Subject: FW: sampson co site
Anyone have a preference?
Thanks-
Karen
Karen Higgins
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - Division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: (919) 807 -6360
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Kim Williams [mailto:kwilliamsCa)lm. roup.net]
Sent: Wednesday, June 05, 2013 4:51 PM
To: Higgins, Karen
Cc: Jswope @sampsonedc.com'; 'Corey Glenn'; Craig Turner
Subject: sampson co site
Hi Karen
I contacted John Swope with Sampson Co. Economic Development and Corey Glenn with Enviva. We can meet on 6/25
(morning preferable) or 6/27 (afternoon preferable). Let me know what works for you.
Thanks!
Kim
Kim Williams ( Environmental Scientist
Land Management Group, Inc I Environmental CcnSUltants
Direct: 452 -0001 x 1908 ( Cell: 910.471.5035 ( Fax: 910.452.0060
mail: kwiIIiamS(@Imgroup.net website:www.lmgroup.net
35015 Wrightsville Ave., Suite 15 1 Wilmington, NC 234013
6
L M G
Higgins, Karen
From: Higgins, Karen
Sent: Friday, June 07, 2013 11:47 AM
To: Burdette, Jennifer a
Subject: RE: Sampson Co. Site Visit
`IT.non
Thanks-
Karen
Karen Higgins
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: (919) 807 -6360
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Burdette, Jennifer a
Sent: Friday, June 07, 2013 11:27 AM
To: Higgins, Karen; Kulz, Eric
Subject: Sampson Co. Site Visit
I signed out the Wetlands Caravan at the lab for our site visit on the 25th.
Jennifer
Jennifer A. Burdette
Environmental Senior Specialist
Wetlands, Buffers, Stormwater - Compliance and Permitting Unit
(WeBSCaPe Unit)
Wetlands and Stormwater Branch
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*
8
Higgins, Karen
From:
Higgins, Karen
Sent:
Wednesday, June U5'ZUl3 3:44 PM
To:
8urdette, Jennifer a;Ku|z,Eric
Cc
Tudingtor,[had
Subject:
FVV sampson county project
Attachments:
U.S. Army Corps ofEngineen.pdf
Here is the ]D for that Sampson County project. 0m Williams with UN Group has been hired to start working on the
project and would like to have a site visit with everyone. | checked outlook and gave her four possible dates: June 21
25, 27, 28. |'U let you know once | hear confirmed date.
Thanks-
Karen
Karen Higgins
Wetlands, Buffers, Stormvvater Compliance 6> Permitting Unit
N[DENR Division of Water Quality
165O Mail Service Center, Raleigh, N[27699-165O
Phone: (919) QO7-636O
Email:
VVebsite:
E-mail correspondence toondƒrom this address may besubject to the North Carolina Public Records Low and may be
disclosed to third parties.
From: Kim Williams
Sent: Wednesday, 3une05,2013 3:15IPIVI
To: Higgins, Karen
Subject: sampson county project
Hi Karen
Attached is the JID for the Sampson County site we just spoke about.
Thanks,
Kim
Kim Williams I Environmental Scientist
Land Management Group, Inc I Environmental ConeuKants
Direct: 452-0001 x1g08| Cell: g10.471.DO3D| Fax: 910.452.0060
eman: we bsite
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 1
E
10
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2008 -01523 County: Sampson U.S.G.S. Quad: Dobbersville and Faison
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: Mr. John Swope, Executive Director
Address: Sampson County Economic Development Commission
406 County Complex Road, Suite 130
Clinton, NC 28329
Telephone No.: 910 - 592 -8921
Property description:
Size (acres) 256.09 Nearest Town Faison
Nearest Waterway Panther Creek River Basin Northeast Cape Fear River
USGS HUC 030300070101 Coordinates N 35.12416 W - 78.18179
Location description: The site is located on the north side of SR# 1783, east of Interstate 40, west of Eldon Thornton
Road, west of ransom, Sampson County. North Carolina. The site is known as Tract 1: A Portion of the Properties of
Sam son County.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are waters of the U.S. including wetlands on the above described property subject to the ,permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
- — - - -_ Wo strmglystTggest you If6ve a we n s on yaur property meat Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetland on your property have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S., to include wetlands, present on the above described property, which are subiect to
the permit requirements of Section 404 of the Cleau Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Page I of 2
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946 -6481 to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Ronnie Smith at 910 -251 -4829.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual. However, the wetlands
are isolated and are not ad jacon to a water of the United States. isolated wetlands are not subiect to the permit
requirements of Section 404 of the Clean ater Act,
D. Remarks
Isolated wetlan
Mr. Chad 'furl
NCDWO, 2251
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal tinder Corps regulations at 33 CPR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 33 1.5, and that it has been received by the District Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the above address by January 23, 2011.
"It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence."
Corps Regulatory Official:
Date: November 24,2010 Expiration Date: November 24.2015
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 hitp: / /re ug latoryusacesurvey.com/ to
complete the survey online.
Copy Furnished:
Ms. Anne McMenemy
Environmental Resource Management
399 Boylston Street
Boston, MA 02116
Page 2 of 2
Applicant: Sampson County File Number: SAW -2008- Date: November 24, 2010
101523
Attached is: wetland boun44a survey I See Section below _
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
PROFFERED PERMIT Standard Permit or Letter of errrtission) B
:PERMIT DENIAL _ — C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A:
ou may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determ tiatiotis associated Vith the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information,
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary TD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Ronnie Smith Mr. Mike Bell, Administrative Appeal Review Officer
USAED -RG CESAD- ET -CO -R
€'O Box 1809 U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28402 60 Forsyth Street, Room 9M15
Atlanta, Gear is 30303 -8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.
- . ...... -- - -- -- -
re o
Signatuf a ellant or, ent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303 -8801
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