20230508 Ver 1_USACE More Info Requested_20230502

Chandler, Rebecca D
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Tuesday, May 2, 2023 9:21 AM
To: Jay Lawson; Tom Flanagan
Cc: Chandler, Rebecca D; Homer, Seren M; Samuel Hinnant
Subject: [External] Request for Additional Information: Brentwood 126K industrial/commercial building / High
Point / Guilford County; SAW-2022-00988
Categories: Working 401 Projects
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Jay,
Thank you for your PCN, dated 4/2/2023, 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.usace.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your application withdrawn and close the file: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) As you know, NWP 39 would typically be used to authorize projects such as the one proposed; however, the
proposed stream crossing appears to occur within the mapped FEMA 100-year floodplain, which would not
comply with NWP 39 Regional Condition C.b. Given that the proposed impact to potential waters of the US is a
road crossing, you may consider requesting use of NWP 14 (https://saw-reg.usace.army.mil/NWP2021/NWP-
14.pdf) to authorize this project;
2) Wetlands were delineated and verified by the Corps in close proximity to grading limits as shown on the plans.
Please clearly show the Corps -verified wetland boundaries on all project plans. This information is necessary to
evaluate avoidance and minimization measures and potential indirect impacts, and also reduce the likelihood of
unintended wetland impacts during construction of the project;
3) The proposed stream crossing would use two culvert pipes. In order to comply with NWP Regional Condition
B.9.b and c, one pipe should act as the low flow pipe (invert buried V below the stream bed), and the other pipe
should act as the high flow culvert (only to receiving bank -full flows). High flow culverts are typically designed by
placing its invert at bankfull level, or at least a foot or two above the existing stream bed. Another way to
comply with this condition it to design sills at the inlet and outlet of the high flow culvert to only allow flow in
the high flow culvert at the above referenced flow level. Please revise the project plans/PCN as necessary;
4) On the PCN and plans, itemize stream impacts into three separate parts: permanent impacts due to the culvert,
permanent impacts due to rip rap, and temporary impacts due to dewatering. Any rip rap placed in the
streambed must be keyed in/depressed into the stream bed such that the top of the rip rap is no higher than the
stream bed (NWP Regional Condition B.8). If above -grade rip rap is proposed on the stream bed due to needed
velocity dissipation, clearly describe this in the PCN and show on the plans and note that this would be
considered a permanent impact and count towards the compensatory mitigation threshold;
5) Please provide a profile view along the proposed culvert showing the elevations of the culverts relative to the
stream bed (thalweg) elevation. Please also provide a cross-section view of the proposed rip rap pad with
enough detail to ensure compliance with item 3) above;
6) It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division
of Water Resources (NCDWR) for this project. Per the 2020 CWA Section 401 Rule, the PCN must contain the 9
elements listed in Section 121.5(b) of the Rule. According to the 9/16/2022, Programmatic Agreement (PA)
between the USACE, Wilmington District, and the NCDWR, the Reasonable Period of Time (RPOT) for NCDWR to

act on a Section 401 certification request is 120 days after receipt of a certification request containing the 9
required elements. However, it appears that item 3 of the 9 elements are not met; as such, NCDWR's RPOT has
not started yet. Please note that the Corps cannot verify the use of any NWP without a valid 401 WQC;
7) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
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
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Email: [e-mail]
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