HomeMy WebLinkAbout20221064 Ver 1_USACE More Info Requested_20220713Strickland, Bev
From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>
Sent: Wednesday, July 13, 2022 11:36 AM
To: Michelle Savage-Measday, PWS; wbone@neyer.com
Cc: Homewood, Sue
Subject: [External] Request for Additional Information: SAW-2021-02168 (McConnell Road
Industrial at 3655 McConnell Road / Greensboro / Guilford County)
Attachments: PJD fillable form.pdf; Environmental Imapct Map.pdf
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All,
Thank you for your PCN, dated 6/22/2022, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permit (NWP) 39 (https://saw-
reg.upace.army.mil/NWP2021/NWP39.pdf). Please submit the requested information below (via e-mail is fine) within 30
days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide Permit or consider
your application withdrawn and close the file:
1) Based on proposed grading and re-routing of drainage directly to the north of Wetland 1 and the origin of
Stream 1 into a stormwater pond, the project appears to eliminate/reduce the drainage area/hydrology source
for the upper part of Wetland 1 and Stream 1. Unless otherwise justified, the Corps would consider the upper
part (see attached marked -up "Environmental Impact Map") of Wetland 1 (0.46 acre) and Stream 1 (-0.011 acre
[154 linear feet]) as reasonably foreseeable indirect impacts (see NWP General Conditions "District Engineers
Decision") resulting from a reduction of hydrology. Unless otherwise justified, compensatory mitigation would
be required for the reasonably foreseeable indirect impacts resulting in a loss of hydrology and therefore
aquatic function; compensatory mitigation is typically required at a 1:1 ratio, depending largely on resource
quality (reference the NCWAM score of "High" for this wetland). You may also redesign aspects of the project to
ensure surface or subsurface drainage reaches this portion of the wetland/stream complex for our review,
offering specific information to justify that these areas will retain their current aquatic function;
2) A small area of wetland fill shown on the plans and related to proposed parking for "Area A" (included on
marked -up "Environmental Impact Map") does not appear to be included or accounted for in the PCN as an
impact or in consideration of compensatory mitigation. Please revise the plan to remove this fill, or update the
PCN, plans and compensatory mitigation proposal accordingly;
3) Please ensure that appropriate construction access space is accounted for on the project plans to allow for
installation of fill slopes, retaining walls, and associated sediment and erosion control features, especially in the
several areas where these items would be placed directly along wetland boundaries. Any temporary wetland
impacts should be accounted for on the plans and PCN, including specific restoration plans to restore these
areas to functional wetlands following construction;
4) Please provide a profile view of the proposed culvert extension stream impact, overlaid on the elevation of the
existing stream channel bottom.
5) Please provide a filled out Preliminary Jurisdictional Determination (PJD) form (see attached) for this project to
support your PJD request from 10/5/2021, with a signature above the section that states "Signature and date of
person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)."
1
Please let me know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: (919) 817-2436
Office: (919) 554-4884, Ext. 30.
Fax: (919) 562-0421
Email: David.E.Bailey2@usace.army.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: RaleighNCREG <RaleighNCREG@usace.army.mil>
Sent: Wednesday, June 22, 2022 4:00 PM
To: wbone@neyer.com
Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil>
Subject: SAW-2021-02168 (3655 McConnell Road / Greensboro NC / Guilford County)
Good Afternoon,
We have received your Pre -Construction Notification (PCN) NWP request for the above project and forwarded it to Dave
Bailey for further processing.
Thank you,
Josephine Schaffer
From: laserfiche@ncdenr.gov <laserfiche@ncdenr.gov>
Sent: Wednesday, June 22, 2022 3:49 PM
To: RaleighNCREG <RaleighNCREG@usace.army.mil>
Cc: SAW-PCN-RG <SAW-PCN-RG@usace.army.mil>
Subject: [Non-DoD Source] PCN - Guilford - Non -DOT
A new project has been received on 6/22/2022 3:46 PM for McConnell Road Industrial. The link below will take you to
the project folder.
https://edocs.deq.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2382763;view=browse
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses aren't monitored.
2
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:
County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.: Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be"waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
n Office concurs with data sheets/delineation report.
n Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑ Photographs: n Aerial (Name & Date):
or n Other (Name & Date):
n Previous determination(s). File no. and date of response letter:
n Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determi nations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
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STREAM ZONE 2 IMP CT RE 7
WETLAND IMPACT AREA 1 — ��
-- TRUCK COURT FILL & GRADE BACK •-
8,767 SF / 0.20 AC. \ \ \ \
ROADWAY WIDENING,
TRUCK COURT FILL, & SITE
GRADE BACK
F h N
STREAM ZONE 2 IMPACT AREA \\.
ROADWAY WIDENING, SITE GRADE BACK --- —
f 776 SF / 0.018 AC
�JIINIIIJJII Ill
�STREA117ONF 2 IUIPACT ARFA 6
SITE GRADE BACK
245 SF / 0.006 AC
STREAM ZONE 1 IMPACT AREA 2
ROADWAY WIDENING, SITE GRADE BACK
13Q,913.SF/0.021 AC __ _ _ \
STREAM IMPACT Al
ROADWAY WIDENING, SITE GRADE BACK--
25 LF, 142 SF / 0.003 AC
STREAM ZONE 2 IMPACT AREA 1
SITE GRADE BACK
5,487SF/0.13AC
STREAM ZONE 1 IMPACT AREA 1
ROADWAY WIDENING, SITE GRADE BACK
SITE GRADE BACK
40 SF / 0.001 AC si�����c�Q
STREAM BANK ---
AL
-,----_ Apparent small area
STREAM of wetland impact TREAM ZONE 2 IMPACT AREA 3
,SITE G" ITE GRADE BACK
WETLAND AND STREAM IMPACTS
WETLAND IMPACT
PERMANENT
TEMPORARY
(AC) (SF)
8,767 0.20
STREAM IMPACT
PERMANENT
(AC) (LF) (SF) (AC)
25 142 0.003
Ea. -4
'pow
ilk #+�
TEMPORARY
30' ZONE
1 IMPACT
PERMANENT
20' ZONE
2 IMPACT
PERMANENT
(SF) (AC)
10,203
Reasonably foreseeable —0.46
acre of reduced wetland function
due to rerouting of hydrology
REMAINING WETLAND AREA
WETLAND IMPACT AREA
STREAM IMPACT AREA
ZONE 1 STREAM IMPACT AREA
ZONE 2 STREAM IMPACT AREA
Reasonably foreseeable —0.011
acre (154 linear feet) of reduced
stream function due to rerouting
of hydrology
BOHLER11
BGHLER ENGINEERING NC, PLLC
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone: (919) 578-9000
NC@BohlerEng.com
ENVIRONMENTAL IMPACT MAP
MCCONNELL RD - INDUSTRIAL
GREENSBORO, NC 27405
200
100 50 0
220421 I TGH I NCR211048
200
1"=200'