20130781 Ver 1_USACE Comments_20131107

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
November 5, 2013
Regulatory Division
Action ID SAW- 2013 -01263
Mr Jon Morris
Beacon Partners, Inc
610 East Morehead Street
Charlotte, North Carolina 28202
Dear Mr Morris
13 -of?i
Reference is made to the application of July 2, 2013, for Department of the Army (DA)
permit authorization to impact 1 15 acres of wetland and 1,503 linear feet of stream, associated
with the development of an industrial park in Cabarrus County, North Carolina
After review of your proposal, the United States Fish and Wildlife Services ( USFWS)
submitted comments by letter dated August 30, 2013 They offered several recommendations
should the permit be issued and a copy of this letter is enclosed for your consideration
Specifically, the USFWS stated the following
"According to our records and a review of the information you provided, no federally
listed species or their habitats occur on the subject site Therefore, we believe the
requirements under section 7 of the Act are fulfilled "
Written comments were also received from the North Carolina Wildlife Resources
Commission (WRC) on August 28, 2013 A copy of this correspondence is enclosed for your
consideration and response The WRC commented "We hesitate to concur with the filling of
wetlands due to their wildlife habitat value and the well -known beneficial functions they provide
for flood control and water quality protection We also 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 response
is necessary, their correspondence is attached for your records
2013
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Please provide the following additional information related to the proposed project
Provide the proposed compensatory mitigation ratios for each jurisdictional feature
proposed to be impacted by this project If the proposed compensatory mitigation is
below 2 1 ratio for perennial streams or below 1 1 ratio for intermittent streams
provide justification for why you believe this feature demonstrates function low
enough to reduce its required compensatory mitigation
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 by
December 6, 2013 If you fail to respond by December 6, 2013, 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
Sincerely,
2 Fcn-
Steve Kich
Regulatory Project Manager
Asheville Field Office
Enclosures
cc w /encls
Mr Leonard S Rindner
Leonard S Rindner, PLLC
3714 Spokeshave Lane
Matthews, North Carolina 28105

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cc w/o encls
,A4s Karen Higgins
North Carolina Division of Water Resources
Wetlands, Buffers, Stormwater, Compliance
and Permitting Unit
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