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Home My WebLink About20040343 Ver 2_Other Agency Comments_20130916REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY 1 O 3 �" WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801 -5006 September 17, 2013 Regulatory Division Action ID SAW- 2012 -00467 Ms Kathryn Jolly Rowan County Environmental Management 2727 -D Old Concord Road Salisbury, North Carolina 28146 Dear Ms Jolly Reference is made to the application of April 15, 2013 and updated May 6, 2013, for Department of the Army (DA) permit authorization to permanently impact 2,244 linear feet of stream channel and 0 55 acre of wetland associated with the expansion of the Rowan County Municipal Solid Waste Landfill in Rowan County, North Carolina After review of your proposal, the United States Fish and Wildlife Services ( USFWS) submitted comments by letter dated June 12, 2013 A copy of this letter is enclosed for your consideration Specifically, the USFWS stated the following "According to our records, we believe that no listed species or their habitats occur on the site We do not believe any endangered or threatened species or their habitats will be affected by the proposed project, therefore, the requirements under section 7 of the Act are fulfilled " Written comments were also received from the North Carolina Wildlife Resources Commission (WRC) on June 7, 2013 A copy of this correspondence is enclosed for your consideration and response The WRC commented "We hesitate to concur with the piping of stream channels due to the potential for long -term and cumulative impacts " They offered several recommendations should the permit be issued Written comments stating no objection or no comment on the project were received from the National Marine Fisheries Service and the State Historic Preservation Office While no respon -. is necessary, their correspondence is attached for your records cn Please provide the following additional information related to the proposed project. my 1 In your description of the landfill components under Block 18 of the permit application (page 3 of the supporting document), you describe a Surface Water��, d - 2 - Collection and Removal System for the management of stormwater during cell operation Is this collected water returned to the natural drainage way from which it is removed or still piped offsite for treatment? If it is returned to the drainage onsite where does /would it re -enter Stream A and Stream 1 respectively? If it is not returned to the natural drainage way from which it is removed, what approximate percentage of water for each drainage area do you believe is being transported to the stream channel downstream of the project impact area (both for drainage Stream A and Stream 1)? 2 In your application's supporting document (page 9) you discuss the need for compensatory mitigation through several options including future approved mitigation banks (despite none available in HUC• 03040102 at this time), payment to the North Carolina Ecosystem Enhancement Program's (EEP) in -lieu fee program and the potential for pursuing stream or wetland restoration, enhancement or preservation In order for the Corps to adequately evaluate the compensatory mitigation of unavoidable impacts associated with this proposed permit in accordance with the 404(b)1 guidelines and the public interest factors, a particular compensatory mitigation method must be selected On July 9, 2013 we received an acceptance letter from the EEP notifying us that they are willing to accept payment for compensatory mitigation for impacts associated with this project Therefore, the Corps is considering the EEP as the selected method of compensatory mitigation If during the final design of future phases further avoidance and minimization can reduce these impacts and/or the other forms of mitigation become preferred options, then a modification request may be submitted to the Corps for review and evaluation In the alternatives analysis submitted with the application you include a discussion of Alternative 4. No Build Alternative (page 8 of the supplemental documentation) Include a discussion of a "no action" alternative so that we may fully evaluate this project with regard to the public interest factors and 404(b)1 guidelines. The "no action" alternative is one which results in no construction which requires a Corps permit, but does not exclude construction not requiring the Corps permit Your response to the comments identified above must be given full consideration before we can make a final decision on your application. We need your information to address the concerns /issues raised over the proposed project You may submit additional information, revise your plans to help resolve the issues, rebut the issues made or request a decision based on the existing record We request that you provide responses to all comments in this letter to this office within 30 days of receipt of this letter If you fail to respond within 30 days, we will administratively withdraw your application. We will reopen your application and continue to process it once you have submitted all of the information we have requested in this letter If you have questions or comments, please contact me at my Asheville Regulatory Field Office address, telephone (828)- 271 -7980 ext 234 - 3 - Sincerely, E - a A- Steve Kichefski Regulatory Specialist Asheville Field Office Enclosures Copies Furnished (without enclosure) ,/iV s Karen Higgins North Carolina Division of Water Resources Wetlands, Buffers, Stormwater, Compliance and Permitting Umt 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Asheville Field Office U S Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 Mr Todd Bowers Permit Review Specialist Wetlands Regulatory Section USEPA — Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 -8960 Ms Shari Bryant North Carolina Wildlife Resource Commission Piedmont Region Coordinator Habitat Conservation Program Post Office Box 129 Sedalia, North Carolina 27342 -0129 Mr -Eric Mularski HDR Engineering, Incorporated of the Carolinas 440 South Church Street Charlotte, North Carolina 28202