Loading...
HomeMy WebLinkAbout20211708 Ver 1_Email_20220304Strickland, Bev From: Lisa Long<lisa@spanglerenvironmental.com> Sent: Friday, March 4, 2022 8:48 AM To: Montalvo, Sheri A Subject: RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Sheri, Please do withdraw the application. Thank you! (59 SPANGLER ENVIR©NMENTAL, INC. Lisa Long Environmental Scientist Raleigh • Charlotte • Charleston • Tampa • 866-772-6453 , 919-689-5283 spanglerenvironmental.com • lisa@spanglerenvironmental.com 4338 Bland Rd., Raleigh, NC 27609 ® D 13 Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Sent: Wednesday, February 9, 2022 10:40 AM To: Lisa Long <lisa@spanglerenvironmental.com> Subject: RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD Lisa, If you are going to withdraw the application then I would just need an email from you requesting to do so. 1 Thanks, Sheri VAbl it6l iVb Administrative Specialist 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality Office: (919) 707-3635 Sheri.montalvo@ncdenr.gov Mailing address: 1617 Mail Service Center, Raleigh, NC 27699-1617 Physical address: 512 N. Salisbury Street, Raleigh, NC 27604 From: Turlington, Chad Sent: Tuesday, February 8, 2022 12:39 PM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil>; Lisa Long <lisa@spanglerenvironmental.com> Cc: Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Subject: RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD This project is located in the coastal region and is proposing to impact less than 1 acre of isolated wetland, so the impacts would be deemed permitted. I'm attaching the "General Permit for Impacts to Isolated and Other Non-401 Jurisdictional Wetlands and Surface Waters" to this email. Lisa, I'm thinking that the best way to handle this on DWR's end is for you to request to have the application withdrawn. I'm not sure what the process is for that but try contacting Sheri Montalvo in my Central Office. I'm copying her on this email. Chad Turlington Environmental Specialist Division of Water Resources — Water Quality Regional Operations Section, Fayetteville Regional Office North Carolina Department of Environmental Quality 910-433-3320 office chad.turlington©ncdenr.gov 225 Green Street Suite 714 Fayetteville, NC 28301 Subscribe to Collection System & Sewer Permitting Updates Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties 2 From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, February 8, 2022 12:14 PM To: Lisa Long<lisa@spanglerenvironmental.com>; Turlington, Chad <chad.turlington@ncdenr.gov> Subject: RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Heard back from EPA and HQ. They both concur. The Corps will not regulate the proposed impact to wetland WA, and I will withdraw the application. Chad: What are the state regs on isolated wetlands? I don't recall if there is a size/impact trigger or if they have to be a specific type of wetland (like a bog)? I got lost in all that language years ago. Liz From: Hair, Sarah E CIV USARMY CESAW (USA) Sent: Monday, February 7, 2022 6:19 PM To: Lisa Long<lisa@spanglerenvironmental.com>; Turlington, Chad <chad.turlington@ncdenr.gov> Subject: RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD Just following up. I sent the isolated review request to EPA and HQ. If they agree with the isolated call, I will withdraw the NWP application. If they have questions, or disagree with the call, I'll be back in touch. Liz From: Hair, Sarah E CIV USARMY CESAW (USA) Sent: Friday, January 21, 2022 2:27 PM To: Lisa Long<lisa@spanglerenvironmental.com>; Turlington, Chad <chad.turlington@ncdenr.gov> Subject: RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD Hey Lisa, I apologize that my review is taking so long, I am just spread really thin right now, and will be for the foreseeable future. I have to coordinate the isolated wetland call with our HQ and EPA and haven't had a chance to do that yet. Liz From: Lisa Long<lisa@spanglerenvironmental.com> Sent: Friday, January 21, 2022 12:36 PM To: Turlington, Chad <chad.turlington@ncdenr.gov>; Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD Hi Chad and Liz, I just wanted to follow up on the status of this PCN application. Liz do you have everything you need from me at his point? Best, 3 SPANGLER ENVIRONMENTAL, INC, Lisa Long Environmental Scientist Raleigh • Charlotte • Charleston • Tampa 866-772-6453 , 919-689-5283 spanglerenvironmental.com lisa@spanglerenvironmental.com 4338 Bland Rd., Raleigh, NC 27609 Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Turlington, Chad <chad.turlington@ncdenr.gov> Sent: Thursday, December 16, 2021 1:11 PM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil>; Lisa Long <lisa@spanglerenvironmental.com> Subject: RE: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD The last communication that I had with Paul Wojoski out of my Central Office was that the prefiling was no longer required because the 2020 Clean Water Act Section 401 Certification Rule was vacated on October 21, 2021. And yes, everything is very confusing! From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, December 16, 2021 1:03 PM To: Lisa Long<lisa@spanglerenvironmental.com> Cc: Turlington, Chad <chad.turlington@ncdenr.gov> Subject: [External] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Lisa, Thank you for your quick response. Items 1-3 are satisfactorily addressed at this time. Chad: can you confirm/answer the pre -filing question? There has been so much confusion with both our AJD pause and 2021 NWP verification pause. Regarding #4: A site visit will likely be required to confirm the statements below. Based on our investigation of this aquatic resource, it continues off property and is connected to the Cape Fear River through a series of ditches or tributaries. See attached Lidar. This is why we previously stated that WA is JD, and not isolated. 4 Until we resolve the WA question, the application is still considered incomplete. If the wetland is field verified to be connected, an equalizer pipe will be required. I may be able to get out there next week (maybe Tuesday or Wednesday). Liz From: Lisa Long<lisa@spanglerenvironmental.com> Sent: Thursday, December 16, 2021 12:16 PM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Cc: Turlington, Chad <chad.turlington@ncdenr.gov> Subject: [Non-DoD Source] RE: SAW-2020-00667/ S NC Highway 87/The Glen SD Hi Sarah, Please see below responses to your questions: 1) Missing DWR Pre -filing information It is my understanding that due to the recent overturn of the NWPR, pre -filing notification is no longer required. However, we do have confirmation. Please see attached. 2) Missing Compensatory Mitigation: Compensatory mitigation is routinely required for unavoidable losses to wetlands 0.10 acre or greater. In some cases compensatory mitigation is required for less than 0.1 acre wetland loss. Please provide a credit reservation letter from either NC DMS or an Approved Mitigation Bank (whichever is appropriate in this service area). An SOA is in progress and will be forwarded upon receipt. 3) Unclear impact siting location: Clearly explain the rationale for locating site access in the wetland impact location. Why not access from the northern portion of the property and avoid wetland impacts? Are there specific DOT requirements which restrict access? Based on input from DOT, the Client had to shift the entrance to the subdivision as far south as possible to avoid conflicting movements for the turn lane and the u-turn pavement along 87. Additionally, to ensure there was no confusion of full access with the proximity to Butler Nursery Road, NCDOT wanted as much off -set distance to Butler Nursery Road as possible. 4) Unclear plans: The plans do not show the wetland (wetland WA) continuing to the southern property boundary as shown on the agreed upon delineation map, and also do not show a cross pipe (equalizer pipe) located underneath the proposed access road at the wetland crossing. An equalizer pipe is necessary to maintain flow and circulation of the remaining wetland (WA; which continues offsite) to downstream waters and further would demonstrate avoidance and minimization to the aquatic environment. As currently depicted, the remaining wetland (WA) onsite would be a total take of 0.3 acres loss. Please clarify and revise plans accordingly. The map attached to the JD was developed using GPS data collected in the field. The flags hung in the field have subsequently been surveyed, and the survey locations are used in the impact maps. Because WA does not in fact extend to the property line, and therefore the entire southern portion of the feature will be impacted, no equalizer pipe is necessary to retain connectivity. Please let me know if this satisfactorily answered your questions, or if you have any further questions or concerns. 5 Best, SPANGLER ENVIRONMENTAL, INC. Lisa Long Environmental Scientist Raleigh • Charlotte • Charleston • Tampa 866-772-6453 919-689-5283 spanglerenvironmental.com lisa@spanglerenvironmental.com 4338 Bland Rd., Raleigh, NC 27609 111 El II Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, December 15, 2021 5:39 PM To: Lisa Long<lisa@spanglerenvironmental.com> Cc: Turlington, Chad <chad.turlington@ncdenr.gov> Subject: SAW-2020-00667/ S NC Highway 87/The Glen SD Good evening, The permit application (email received November 22, 2021) for a NWP 29 associated with a proposed residential subdivision, along NC Hwy 87 in Cumberland County, has been received and is considered incomplete for the following reasons: 1) Missing DWR Pre -filing information 2) Missing Compensatory Mitigation: Compensatory mitigation is routinely required for unavoidable losses to wetlands 0.10 acre or greater. In some cases compensatory mitigation is required for less than 0.1 acre wetland loss. Please provide a credit reservation letter from either NC DMS or an Approved Mitigation Bank (whichever is appropriate in this service area). 3) Unclear impact siting location: Clearly explain the rationale for locating site access in the wetland impact location. Why not access from the northern portion of the property and avoid wetland impacts? Are there specific DOT requirements which restrict access? 4) Unclear plans: The plans do not show the wetland (wetland WA) continuing to the southern property boundary as shown on the agreed upon delineation map, and also do not show a cross pipe (equalizer pipe) located underneath the proposed access road at the wetland crossing. An equalizer pipe is necessary to maintain flow and circulation of the remaining wetland (WA; which continues offsite) to downstream waters and further would demonstrate avoidance and minimization to the aquatic environment. As currently depicted, the remaining wetland (WA) onsite would be a total take of 0.3 acres loss. Please clarify and revise plans accordingly. Please see attached excerpt from proposed plans and wetland delineation map for reference. 6 This application cannot be further processed until the above items have been resolved to the satisfaction of the Corps. Please provide the requested information within 30-days of this email (January 14, 2022) or we will consider the application withdrawn. Kind regards, Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil Work Cell: 910-512-4456 7