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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 �Q Ej Q N N gR� \0414 U n is 9 s %a '[9-2 X Z- EU W W fC 0 . , O 0 o $R MC�y�loo3 4i�sq ��' �b `,``ifulrrrtrltr� ",, 47 �b ry Y' W M� w _ C-) e!j V) O M °� ;51 AMC- �U �GC-K M TMI WOV ! 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