20230094 Ver 1_USACE More Info Requested_20230729 (2)

Baker, Caroline D
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Saturday, July 29, 2023 8:03 AM
To: Bivens, Kayla; victor.czar
Cc: Homewood, Sue; Thomas, Zachary T
Subject: [External] Request for Additional Information: SAW-2023-00134 (Sanford Water
Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
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Thank you for your additional information submitted via email on 6/29, 7/17 (2), and 7/18/2023, for the above
referenced project. I have reviewed the information and need clarification before proceeding with verifying the use of
Nationwide Permits (NWPs) 7 and 58 (https://saw-reg.usace.army.mil/NWP2021/NWP-7.pdf, https://saw-
reg.usace.army.mil/NWP2021/NWP58.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your application withdrawn and close the file: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) Thank you for your responses to items 1-4 of our 6/1/2023 request for additional information. These items are
resolved accordingly.
2) Thank you for the updated plansheets for the raw water line and water intake submitted on 7/17/2023. Upon
review it appears that potential waters are shown on most but not all of the plansheets; specifically, Wetland
W4 does not appear on Drawing Numbers PP13 or 14. For consistency purposes, please add the extent of
Wetland W4 to these plan sheets;
3) Adding work proposed at the water filtration facility itself to the scope of this project is appropriate from the
perspective of proposing a single and complete project. However, additional information is necessary for the
Corps to evaluate avoidance and minimization measures and potential indirect impacts for this portion of the
project, specifically:
a. An Approved/Preliminary Jurisdictional Determination request was provided to our office on 7/18/2023,
pertaining to the water filtration facility. However, the review areas did not contain the proposed
crossing of Stream S6 or the "Temporary LOD" surrounding it. Please update your JD request to include
in the review areas the entirety of the area that would be potentially involved in the proposed work at
the water filtration facility.
b. The features shown within the "PJD Survey Area", just northeast of the "AJD Survey Area" on your "AJD
& PJD Map", require revised labeling:
i. The feature labeled "Non -jurisdictional stream (93.86 feet)" was determined to have indicators
of Ordinary High Water Marks (OHWMs) during our site visit on 4/25/2023. Further,
determinations of jurisdictional and non -jurisdictional cannot be made with a Preliminary
Jurisdictional Determination (PJD);
ii. The feature noted above, as well as the other features labeled "Non -wetland Waters of the U.S.
(143.74 feet)" should instead be labeled "Potential Non -wetland Waters of the U.S."
iii. The feature labeled "Potential Waters of the U.S. (0.04 acre)" should instead be labeled
"Potential Wetland Waters of the U.S. (0.04 acre)."

iv. Note that the Legend includes yellow lines for both "Jurisdictional Wetland" and "Non -wetland
WOTUS." Please change the line styles to clearly differentiate between "Potential Wetland
Waters of the U.S" and "Potential Non -wetland Waters of the U.S." (updating the Legend text
accordingly), and remove the Legend item for "Non -jurisdictional Stream."
c. To facilitate a faster review and potentially prevent the need for an additional site visit, please provide
additional information regarding newly delineated Stream S6, including:
i. photographs from several vantages,
ii. an NCDWR Stream ID form, and
iii. Wetland Determination Data forms for locations adjacent to the channel (to document
presence/absence of wetlands).
Provide a plan view(s) of the proposed infrastructure (roads, utilities, stormwater, etc.) for the entire
water filtration facility overlaid on a delineation of streams and wetlands (see NWP General Condition
32(b)(4)(iii));
e. Provide a zoomed -in plan and profile view of the proposed stream crossing. These views should show
the culvert, rip rap pad, and existing stream bed. Also, label the proposed slope of the culvert and clearly
note whether or not any rip rap is proposed in the stream bed, and indicate if it will be keyed into the
stream bed. (see NWP Regional Conditions B. 8 and 9).
4) 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
Mobile: [phone]
Email: David. [e-mail]
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: Bivens, Kayla <[e-mail]>
Sent: Monday, July 17, 2023 2:08 PM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: sue. [e-mail]; victor.czar <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] 2 of 2 RE: Request for Additional Information: [External] RE: Request
for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road
/ Sanford / Lee County)
Good afternoon,
Attached you'll find the updated design plans for the Sanford Water Filtration Facility 30 MGD Expansion. This is the
second of two emails given size restrictions. Please let me know if you do not receive both emails so I can provide all

necessary information. Do not hesitate to reach out with any questions or comments.
Thank you,
Kayla Bivens
Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
919 755-8656 (direct) 1919 833-7152 (main)
kbivens(cDhaze nandsawyer.com I hazenandsawyer.com
From: Bivens, Kayla
Sent: Monday, July 17, 2023 2:05 PM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: '[e-mail]' <[e-mail]>; victor.czar <[e-mail]>
Subject: 1 of 2 RE: Request for Additional Information: [External] RE: Request for Additional Information: SAW-2023-
00134 (Sanford Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
Good afternoon,
Attached you'll find additional information relative to the stream crossing added by the treatment plant, as discussed in
my previous email. Please note, design plans will follow in a second email due to size restrictions. Please let me know if
you do not receive both emails so I can provide all necessary information. Do not hesitate to reach out with any
questions or comments.
Thank you,
Kayla Bivens
Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
919 755-8656 (direct) 1 540 797-1636 (cell)
kbivens(abhaze nandsawyer.com I haze nandsawyer.com
From: Bivens, Kayla
Sent: Thursday, June 29, 2023 12:55 PM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: sue. [e-mail]; victor.czar <[e-mail]>
Subject: RE: Request for Additional Information: [External] RE: Request for Additional Information: SAW-2023-00134
(Sanford Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
Good afternoon,
Below are our responses to the recent RFI provided on June 1, 2023. Please note, our design team is currently working
on an additional stream crossing at the treatment plant. Updates associated with the stream crossing will be provided
shortly. An updated ORM Consolidated Rapanos excel sheet will be provided with the upcoming documentation. An
updated Additional Information section will also be provided with the upcoming documentation. Attached to this RFI
response you'll find revised impact maps associated with the requested delineation changes. A revised mitigation
statement of availability from Wildlands Holdings is attached for reference to include additional acreage for conversion
impacts. Design plans have been updated accordingly and attached for reference. Responses to comments are found in
red below. Please do not hesitate to reach out with any additional questions or comments via email or phone.

1) Thank you for your responses to items 1, 3, 5, 6, and 8 of our request for additional information. These items are
resolved accordingly.
Noted, thank you.
2) Pertaining to the updated delineation of potential waters of the US following our site visit on 4/25/2023:
Wetland W2 on Delineation Impact Map 5 appears to be a combination of the original wetland delineation by
H&S and the wetland delineation completed for Project Blue. Rather, in the field we expanded the wetland
areas by 30-40' on both the east and west sides to match up with slightly higher topographic breaks (see the
attached georeferenced field notes). My understanding based on our conversation in the field was that these
areas would be flagged and located. Please update the proposed impacts and all figures/plans accordingly.
Wetland W2 has been updated accordingly on the attached Impact Maps. Conversion impact calculations have
been amended and are provided in the Proposed Impacts Inventory Revision Spreadsheet and the attached
mitigation statement of availability.
3) The Corps disagrees with the characterization of Wetlands W2 and W4 as emergent, given the inclusion of both
small trees and shrubs in these areas. Further, NWP 58 General Condition 23(i) states that, "where certain
functions and services of waters of the United States are permanently adversely affected by a regulated activity,
such as discharges of dredged or fill material into waters of the United States that will convert a forested or
scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation
may be required to reduce the adverse environmental effects of the activity to the no more than minimal level."
Given that these wetland areas would be characterized as at least shrub -scrub, compensatory mitigation will be
required for the footprint of permanent conversion to emergent wetlands. Please update the compensatory
mitigation proposal accordingly.
Wetlands W2 and W4 have been updated accordingly on the attached Impact Maps. Calculations associated
with conversion impacts have been amended and are provided in the Proposed Impacts Inventory Revision
Spreadsheet. An updated mitigation statement of availability, attached for reference, has been provided by
Wildlands Holdings.
4) Note that the Streambank Stabilization detail (Detail 2) on Drawing Number PPD6 shows rip rap extending below
the Ordinary High Water Mark. This is inconstant with the following statement (which references this detail) in
your response to item 4 from our earlier request for additional information: "Any riprap used during bank
stabilization will not encroach on or below the stream's ordinary high-water line." Please explain/correct this
discrepancy.
Detail 2 on Drawing Number PPD6 has been updated to visually provide riprap above the Ordinary High -Water
Line for the contractor to ensure no miscommunication during construction.
Thank you,
Kayla Bivens
Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
919 755-8656 (direct) 1 540 797-1636 (cell)
kbivens(cDhaze nandsawyer.com I haze nandsawyer.com
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Thursday, June 1, 2023 5:07 PM
To: Bivens, Kayla <[e-mail]>; victor.czar <[e-mail]>
Cc: Homewood, Sue <[e-mail]>; Thomas, Zachary T <[e-mail]>
Subject: Request for Additional Information: [External] RE: Request for Additional Information: SAW-2023-00134
(Sanford Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
0
Thank you for your additional information, submitted via email on 3/15 and 5/15/2023, for the above referenced
project. I have reviewed the information and need clarification before proceeding with verifying the use of Nationwide

Permits (NWPs) 7 and 58 (https://saw-reg.usace.army.mil/NWP2021/NWP-7.pdf, https://saw-
reg.usace.army.mil/NWP2021/NWP58.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 NWP(s) or consider your
application withdrawn and close the file:
1) Thank you for your responses to items 1, 3, 5, 6, and 8 of our request for additional information. These items are
resolved accordingly.
2) Pertaining to the updated delineation of potential waters of the US following our site visit on 4/25/2023:
Wetland W2 on Delineation Impact Map 5 appears to be a combination of the original wetland delineation by
H&S and the wetland delineation completed for Project Blue. Rather, in the field we expanded the wetland
areas by 30-40' on both the east and west sides to match up with slightly higher topographic breaks (see the
attached georeferenced field notes). My understanding based on our conversation in the field was that these
areas would be flagged and located. Please update the proposed impacts and all figures/plans accordingly.
3) The Corps disagrees with the characterization of Wetlands W2 and W4 as emergent, given the inclusion of both
small trees and shrubs in these areas. Further, NWP 58 General Condition 23(i) states that, "where certain
functions and services of waters of the United States are permanently adversely affected by a regulated activity,
such as discharges of dredged or fill material into waters of the United States that will convert a forested or
scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation
may be required to reduce the adverse environmental effects of the activity to the no more than minimal level."
Given that these wetland areas would be characterized as at least shrub -scrub, compensatory mitigation will be
required for the footprint of permanent conversion to emergent wetlands. Please update the compensatory
mitigation proposal accordingly.
4) Note that the Streambank Stabilization detail (Detail 2) on Drawing Number PPD6 shows rip rap extending below
the Ordinary High Water Mark. This is inconstant with the following statement (which references this detail) in
your response to item 4 from our earlier request for additional information: "Any riprap used during bank
stabilization will not encroach on or below the stream's ordinary high-water line." Please explain/correct this
discrepancy.
It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division of Water
Resources (NCDWR) for this project. Please note that the Corps cannot verify the use of any NWP without a valid 401
WQC.
For NCDWR: Within 14 days, please notify me if the certification request does not contain the nine (9) components listed
in Section 121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule; otherwise, we will consider our receipt
date (5/15/2023) as accurate. As specified in the 9/16/2022, Programmatic Agreement (PA) between the USACE and the
NCDWR, the reasonable period of time (RPOT) for DWR to act on a Section 401 certification request is 120 days unless
the RPOT is extended per the terms of this PA. As such, unless we receive an email request for an extension of the RPOT,
the USACE will consider the Section 401 certification for this project to be waived on 9/12/2023.
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: [phone]

Email: David. [e-mail]
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: Bivens, Kayla <[e-mail]>
Sent: Monday, May 15, 2023 3:56 PM
To: Homewood, Sue <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>
Cc: victor.czar <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: Request for Additional Information: SAW-2023-
00134 (Sanford Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
Good afternoon,
Attached is updated information relative to the recent site visit. One small section has been updated in the attached
Additional Information section and has been highlighted in yellow for ease. All previous changes to the Additional
Information section following the most recent RFI are still denoted in red. Please feel free to reach out via email or my
cell if you have any questions.
Thank you!
Kayla Bivens
Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
919 755-8656 (direct) 1919 833-7152 (main)
kbivens(j�hazenandsawyer.com I hazenandsawyer.com
From: Homewood, Sue <[e-mail]>
Sent: Friday, May 12, 2023 8:32 AM
To: Bivens, Kayla <[e-mail]>; David. [e-mail]
Cc: victor.czar <[e-mail]>; Diebolt, Linda <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30
MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
You don't often get email from [e-mail]. Learn why this is important
Hello All,
I'm taking over this project for Zach to help distribute some workload. Please forward your updated information to me
when you have it ready. We will consider the project on hold until we receive it.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
Sue. [e-mail]
336 813 1863 mobile

919-707-3679 office *new*
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Thomas, Zachary T <[e-mail]>
Sent: Wednesday, May 10, 2023 10:17 AM
To: Bivens, Kayla <[e-mail]>; David. [e-mail]
Cc: victor.czar <[e-mail]>; Diebolt, Linda <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30
MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
Hi Kayla,
Thank you for the update! Do you have an approximate timeframe for the new maps? My RPOT is coming up next
week.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
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Email corresponaence to and from this address is subject to the North Carolina Public Records Law
and mov be disclosed to third parties.
From: Bivens, Kayla <[e-mail]>
Sent: Wednesday, May 10, 2023 10:14 AM
To: Thomas, Zachary T <[e-mail]>; David. [e-mail]
Cc: victor.czar <[e-mail]>; Diebolt, Linda <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30
MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
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Good morning, Zach,
We're currently working on updating information based on a few changes to wetland/stream limits. I'll be sure to copy
you on upcoming emails once we the permit application and design plans have been updated per our discussion with
David Bailey in field.

Thank you!
Kayla Bivens
Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
919 755-8656 (direct) 1919 833-7152 (main)
kbivens(cDhaze nandsawyer.com I haze nandsawyer.com
From: Thomas, Zachary T <[e-mail]>
Sent: Wednesday, May 10, 2023 10:05 AM
To: Bivens, Kayla <[e-mail]>; David. [e-mail]
Cc: victor.czar <[e-mail]>; Diebolt, Linda <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30
MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
Hi Folks,
I just wanted to reach out to see if there was any updates from the site visit that I need to add to my review file?
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
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Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Thomas, Zachary T
Sent: Thursday, April 13, 2023 5:23 PM
To: Bivens, Kayla <[e-mail]>; David. [e-mail]
Cc: victor.czar <[e-mail]>; Diebolt, Linda <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30
MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
Hi everyone,
Sorry for the delayed response on this one. I currently have a schedule conflict for that day, but it appears that most of
the items will be for David/USACE. If something changes in my schedule and I can make it that day, I will let you know.
Please let me know if I can assist with any questions that may come up during the site visit and I will do my best to assist
you.

Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
,. E�
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Bivens, Kayla <[e-mail]>
Sent: Thursday, April 13, 2023 12:14 PM
To: [e-mail]
Cc: victor.czar <[e-mail]>; Thomas, Zachary T <[e-mail]>; Diebolt, Linda
<[e-mail]>
Subject: [External] RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30 MGD
Expansion / 0 Avents Ferry Road / Sanford / Lee County)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Perfect, thank you for the information! We look forward to meeting with you. Please keep a look out for a map of the
treatment plant site within the next week or so.
Thank you,
Kayla Bivens
Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
919 755-8656 (direct) 1919 833-7152 (main)
kbivens6c hazenandsawyer.com I hazenandsawyer.com
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Thursday, April 13, 2023 11:46 AM
To: Bivens, Kayla <[e-mail]>
Cc: victor.czar <[e-mail]>; [e-mail]; Diebolt, Linda
<[e-mail]>
Subject: RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30 MGD Expansion /
0 Avents Ferry Road / Sanford / Lee County)
That sounds great, Kayla. I'll see you at the Water Filtration Facility at 9:30am on 4/25. No problem about the calls
needed for onsite basins and stormwater outlet, I'm happy to view/discuss while on -site.

Note that, for a feature with OHWM indicators and/or wetlands (per the 87 Manual and appropriate Regional
Supplement) to be determined non -jurisdictional as an exclusion ((b)(1) feature) per the 2023 WOTUS Rule:
• An AJD is required for those features;
• (b)(1) features are waste treatment systems, including treatment ponds or lagoons, designed to meet the
requirements of the Clean Water Act;
• A waste treatment system must be "designed to meet the requirements of the Clean Water Act."
o A waste treatment system may be "designed to meet the requirements of the Clean Water Act" where,
for example, it is constructed pursuant to a Clean Water Act section 404 permit, or where it is
"incorporated in an NPDES permit" as part of a treatment system (N. Cal. River Watch v. City of
Healdsburg, 496 F.3d 993, 1001 (9th Cir. 2007)).
• The waste treatment system exclusion is available only to systems meeting the requirements of the Clean Water
Act.
o A waste treatment system constructed prior to the 1972 Clean Water Act amendments is eligible for the
exclusion so long as the system is in compliance with currently applicable Clean Water Act requirements,
such as treating water such that discharges, if any, from the system meet the Act's requirements.
• The 2023 Rule preamble provides clarification on implementation:
o A waste treatment system does not itself sever upstream waters from Clean Water Act jurisdiction.
o The waste treatment system exclusion is generally available only for discharges associated with the
treatment function for which the system was designed.
o A waste treatment system that ceases to serve the treatment function for which it was designed would
not continue to qualify for the exclusion and could be deemed jurisdictional if it otherwise meets the
2023 Rule's definition of "waters of the United States".
The Corps would require appropriate documentation for all potential (b)(1) waters prior to issuing AJDs to that effect.
Hopefully this information is useful. I look forward to seeing you on 4/25 at 9:30am.
-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: [phone]
Email: David. [e-mail]
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: Bivens, Kayla <[e-mail]>
Sent: Thursday, April 13, 2023 10:25 AM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: victor.czar <[e-mail]>; [e-mail]; Diebolt, Linda
<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2023-00134 (Sanford
Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
Hi Dave,
10

Thanks for reaching out regarding a site visit. I apologize for the late response, I needed to coordinate internally with my
team. We (Linda Diebolt and 1) can be available Tuesday, April 25 at 9:30am for a site visit. Let's plan to meet at
Sanford's Water Filtration Facility located at 7441 Poplar Springs Church Road, Sanford, NC 27330.
If feasible for you, we'd like to discuss jurisdiction of onsite basins and a stormwater outlet during this field visit. The
treatment plant is undergoing separate upgrades that do not correspond with the current permit; however, we felt it
may be easiest to get your determination for all areas while onsite. It's all easily accessible by maintained roadways and
shouldn't take long. If this works of you, I'll provide a map within the next week for the Water Filtration Facility.
Thank you,
Kayla Bivens
Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
919 755-8656 (direct) 1919 833-7152 (main)
kbivens(cDhaze nandsawyer.com I haze nandsawyer.com
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Tuesday, April 11, 2023 5:36 PM
To: Bivens, Kayla <[e-mail]>
Cc: victor.czar <[e-mail]>; [e-mail]
Subject: RE: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30 MGD Expansion /
0 Avents Ferry Road / Sanford / Lee County)
Hi Kayla, and thank you for your response. I am still mid -review of the information but want to go ahead and schedule a
site visit to verify the delineation of potential waters of the US in association with this project. My availability in the next
two weeks is April 18, 25, or 26. Would any of those dates work for you? I can meet as early as 9:30am. Zach (NCDWR)
may want to join us as well, so I have Cc'd him on this email.
-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: [phone]
Email: David. [e-mail]
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: Bivens, Kayla <[e-mail]>
Sent: Wednesday, March 15, 2023 3:51 PM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: victor.czar <[e-mail]>; [e-mail]
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2023-00134 (Sanford
Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford / Lee County)
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David,
Good afternoon and thank you for your comments. Please refer to our responses below and feel free to reach out via
email and/or phone if you have any additional questions. Please note, a permit modification has been submitted for the
proposed project due to minor changes to potential installation methodology of the new intake as well as removal
methodology of the existing intake. During the permit modification, special concern was taken to address the comments
you provided. The permit modification has been submitted through the online portal; however, I've included a copy of
the recently submitted documentation to this email for your reference. All changes to the attached Additional
Information section have been denoted in red for ease.
1) It is unclear that this project could be authorized by NWP 7, as the description of this NWP 7 states that "The
construction of intake structures is not authorized by this NWP unless they are directly associated with an
authorized outfall structure." Please provide additional information to confirm that this project fits the
description of NWP 7, or propose authorization via a different NWP.
The proposed intake structure is directly associated with an existing NPDES permitted discharge structure. The
NDPES permit (NC0085359) has been provided to the City of Sanford for the Sanford WFF located off Poplar
Springs Church Road. The facility is classified as a minor facility per the existing NPDES permit.
2) Your PCN included proposed impacts to streams and wetlands, however these and other potentially
jurisdictional boundaries have not been verified by the Corps.
a. A site visit will be required to verify your delineation of potential waters of the US. Please note that your
PCN is considered on hold until your submitted delineation is verified by our office;
Please provide dates and times so we can coordinate a site visit that is convenient for your schedule.
Thank you.
b. Please provide GIS shapefiles or kml/kmz files of the Temporary LOD and delineation of potential waters
of the US to aid in our review;
Shapefiles associated with the temporary LOD and delineation are attached for reference.
c. Further, additional revisions may be required on the PCN and plans based on the final Corps -verified
boundaries of potential waters of the US;
Comment has been noted.
3) Clearly explain any association between the proposed project (Corps Action ID: SAW-2023-00134) and the
proposed overall Vinfast (i.e. Project Blue; Action ID: SAW-2014-00610) single and complete project. Such
information is necessary to determine this project's independent utility from Project Blue due to the coincident
timing of their respective applications and the fact that the City of Sanford would supply all sewer and water
utilities to Project Blue.
The Sanford WFF is being expanded regardless of Vinfast (Project Blue) and, with that, upgrades to the intake
structure and its associated waterline are necessary. Lee County continues to experience exponential growth,
aside from Project Blue, in the form of single and multi -family residential developments. The increase in
development within the Sanford WFF's service area leads to an increase demand in high quality drinking water.
The existing intake is partially buried below the river mud line causing high levels of sediment ingestion,
inhibiting proper collection of water. Due to the potential overlap in construction timelines, coordination with
Project Blue took place to ensure mitigation of the delineated wetlands onsite is not duplicative for the City of
Sanford; however, the proposed project does not rely on the advancement of Project Blue. Additionally, the
potential overlap in construction timelines provided an opportunity to limit impacts to jurisdictional waters by
narrowing the permanent access corridor through coordination of a shared corridor.
4) Is rip rap proposed to be placed in the stream bed or banks associated with any stream crossings? If so, ensure
that the rip rap complies with NWP Regional Condition B.8 a and b, include the rip rap on the plan and profile
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views of these crossings, and ensure that the stream impacts associated with rip rap are included and itemized
clearly as permanent impacts on the PCN;
No riprap fill is proposed below the ordinary high-water line for stream bed or banks associated with stream
crossings. The proposed influent pipe will be buried below existing grade and temporarily impacted bed and
banks will be set back to grade using the original substrate set aside during construction activities. Any riprap
used during bank stabilization will not encroach on or below the stream's ordinary high-water line. Installation
of a temporary stream crossing will take place at S1 via a dragline bridgemat that will span from top of bank to
top of bank. Please refer to detail 2 and detail C-35-0704 on sheet PPD6 of the attached design plans associated
with the recent permit modification.
5) Provide a restoration plan for all temporary wetland and stream impacts per NWP Regional Conditions B.10.c
and 11. Include confirmation that the top 6-12 inches of the trench will be backfilled with topsoil from the
trench in the wetland impact areas.
A restoration plan for temporary impacts to onsite wetlands and streams is provided in the attached Additional
Information document. Disturbed areas, including wetland and stream impacts, will be returned to original
grade and seeded with an appropriate native seed mix as soon as possible, not to exceed 90 days of completion
of the project. In wetlands, the contractor shall remove and stockpile the top 12" of material. The stockpiled
material shall be used to backfill the top 12" of the trench in wetlands during backfill operations. Trenches will
be constructed and backfilled per applicable regulations to ensure waters of the U.S. are not subject to drainage
during construction activities. Please refer to the erosion control section on sheet C001 of the attached design
plans for additional details relative to the restoration of temporarily disturbed wetland areas following
construction. Swamp matting will be used during construction where appropriate in wetland areas. Excavation
of the pipe trench will be performed as prescribed by the USACE in jurisdictional areas, and side casting of
excavated material into abutting wetland areas will be avoided to the extent feasible. In areas where avoidance
is not feasible, side casting will occur as prescribed by NWP 58.
6) The PCN and Delineation Impact Map 4 mentions a permanent access road off of Avents Ferry Road, traversing
W3, "associated with an ongoing project that will be permitted, mitigated, and installed by others prior to
Hazen's proposed project." Note that the ongoing project referenced is Project Blue (Action ID: SAW-2014-
00610), which has not at present been authorized, nor is a permit decision timeframe known at this point. The
Corps would consider all proposed impacts to potential waters of the US associated with the current project
based on the current in -field condition at the time of permitting, and cannot rely on as -yet unauthorized
wetland impacts proposed for other projects.
Given the unknown timeframe associated with Project Blue's permit decision, temporary access roads have
been added to the attached design plans for the proposed project. A temporary stream crossing associated with
S1 is proposed off Lower River Road. Please refer to page PP8 of the attached design drawings for additional
details related to the temporary stream crossing. Swamp mats will be placed across W3 during construction
activities to provide temporary crossing of the non -forested wetland.
7) As noted above, no permit decision has been made for Project Blue (SAW-2014-00610), nor is a decision
timeframe known at this point. Compensatory mitigation requirements for the current proposed project cannot
rely on as -yet unauthorized wetland impacts proposed for other projects. At present, the current project
proposes permanent conversion of 0.821 acre of forested wetlands to herbaceous wetlands, which would
require compensatory mitigation (typically at a 1:1 ratio) per Nationwide Permit Regional Condition B.10.d due
to permanent reduction in wetland function.
A letter of availability has been acquired from Wildlands Holdings IV, LLC to confirm sufficient wetland credits
are available at Middle Cape Fear Umbrella Mitigation Bank: Daniels Creek Mitigation Site to satisfy the 0.821
acre of permanent conversion impacts requested in the comments received with this RFI. Given the
undetermined timeline for permitting relative to Project Blue, the City of Sanford will plan to mitigate for the
0.821 acre of conversion impacts associated with the Sanford Water Filtration Facility 30 MGD Expansion. To
ensure mitigation of the proposed project area is not duplicative, coordination with Project Blue will take place
prior to the purchase of mitigation credits. Mitigation credits will be purchased by whichever project (i.e.,
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Sanford WFF 30 MGD Expansion or Project Blue) is first to reach the construction phase following receipt of
required permits. A total of 0.821 acre was requested for the initial letter of availability; however, 0.53 acre of
permanent impact will result from the proposed project. The surrounding 0.28 acre of temporary impact being
utilized for the proposed project's limits of disturbance will be seeded with appropriate wetland seeding mix
following construction activities. Please refer to the attached letter of availability provided by Wildlands
Holdings IV, LLC for further details.
8) Given the proximity of this project to known populations of several threatened/endangered species (namely the
Cape Fear shiner), as well as potentially suitable habitat for these species occurring within the project action
area, we will initiate informal consultation with the US Fish and Wildlife Service (USFWS). Please note that the
Corps cannot verify the use of any NWP until Section 7 consultation is complete.
It has been noted that informal consultation with the USFWS was requested as of February 16, 2023. Thank you.
9) Given that the proposed project activities occur in areas that may contain archeological resources, consultation
may need to be initiated with the State Historic Preservation Office; they require up to 30 days to respond to our
coordination request. Please note that the Corps cannot verify the use of any NWP until consultation pertaining
to Section 106 of the National Historic Preservation Act is complete.
Comment has been noted. Thank you.
10) It is your responsibility to contact the North Carolina Division of Water Resources (NCDWR) Raleigh Regional
Office to determine the 401 requirements for this project. Please note that, if an Individual 401 Water Quality
Certification (WQC) is required from NCDWR (which appears to be the case here), the Corps cannot verify the
use of any NWP without a valid 401 WQC.
Coordination with NCDWR has been initiated as of January 23, 2023 following NCDWR receival of the 401
permitting fee.
11) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
Comment has been received and noted.
Thank you!
Kayla Bivens
Assistant Scientist I Hazen and Sawyer
4011 Westchase Blvd, Suite 500, Raleigh, NC 27607
540 797-1636 (cell) 1919 833-7152 (main)
kbivens(cDhaze nandsawyer.com I hazenandsawyer.com
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Tuesday, February 14, 2023 6:28 PM
To: Bivens, Kayla <[e-mail]>; victor.czar <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: Request for Additional Information: SAW-2023-00134 (Sanford Water Filtration Facility 30 MGD Expansion / 0
Avents Ferry Road / Sanford / Lee County)
Caution! External email - think before you click
14

0
Thank you for your PCN, dated 1/16/2023, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permits (NWPs) 7 and 58 (https://saw-
reg.usace.army.mil/NWP2021/NWP-7.pdf, https://saw-reg.usace.army.mil/NWP2021/NWP58.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 NWP(s) or consider your application withdrawn and close the file:
1) It is unclear that this project could be authorized by NWP 7, as the description of this NWP 7 states that "The
construction of intake structures is not authorized by this NWP unless they are directly associated with an
authorized outfall structure." Please provide additional information to confirm that this project fits the
description of NWP 7, or propose authorization via a different NWP.
2) Your PCN included proposed impacts to streams and wetlands, however these and other potentially
jurisdictional boundaries have not been verified by the Corps.
a. A site visit will be required to verify your delineation of potential waters of the US. Please note that your
PCN is considered on hold until your submitted delineation is verified by our office;
b. Please provide GIS shapefiles or kml/kmz files of the Temporary LOD and delineation of potential waters
of the US to aid in our review;
c. Further, additional revisions may be required on the PCN and plans based on the final Corps -verified
boundaries of potential waters of the US;
3) Clearly explain any association between the proposed project (Corps Action ID: SAW-2023-00134) and the
proposed overall Vinfast (i.e. Project Blue; Action ID: SAW-2014-00610) single and complete project. Such
information is necessary to determine this project's independent utility from Project Blue due to the coincident
timing of their respective applications and the fact that the City of Sanford would supply all sewer and water
utilities to Project Blue.
4) Is rip rap proposed to be placed in the stream bed or banks associated with any stream crossings? If so, ensure
that the rip rap complies with NWP Regional Condition B.8 a and b, include the rip rap on the plan and profile
views of these crossings, and ensure that the stream impacts associated with rip rap are included and itemized
clearly as permanent impacts on the PCN;
5) Provide a restoration plan for all temporary wetland and stream impacts per NWP Regional Conditions B.10.c
and 11. Include confirmation that the top 6-12 inches of the trench will be backfilled with topsoil from the
trench in the wetland impact areas.
6) The PCN and Delineation Impact Map 4 mentions a permanent access road off of Avents Ferry Road, traversing
W3, "associated with an ongoing project that will be permitted, mitigated, and installed by others prior to
Hazen's proposed project." Note that the ongoing project referenced is Project Blue (Action ID: SAW-2014-
00610), which has not at present been authorized, nor is a permit decision timeframe known at this point. The
Corps would consider all proposed impacts to potential waters of the US associated with the current project
based on the current in -field condition at the time of permitting, and cannot rely on as -yet unauthorized
wetland impacts proposed for other projects.
7) As noted above, no permit decision has been made for Project Blue (SAW-2014-00610), nor is a decision
timeframe known at this point. Compensatory mitigation requirements for the current proposed project cannot
rely on as -yet unauthorized wetland impacts proposed for other projects. At present, the current project
proposes permanent conversion of 0.821 acre of forested wetlands to herbaceous wetlands, which would
require compensatory mitigation (typically at a 1:1 ratio) per Nationwide Permit Regional Condition B.10.d due
to permanent reduction in wetland function.
8) Given the proximity of this project to known populations of several threatened/endangered species (namely the
Cape Fear shiner), as well as potentially suitable habitat for these species occurring within the project action
area, we will initiate informal consultation with the US Fish and Wildlife Service (USFWS). Please note that the
Corps cannot verify the use of any NWP until Section 7 consultation is complete.
9) Given that the proposed project activities occur in areas that may contain archeological resources, consultation
may need to be initiated with the State Historic Preservation Office; they require up to 30 days to respond to our
15

coordination request. Please note that the Corps cannot verify the use of any NWP until consultation pertaining
to Section 106 of the National Historic Preservation Act is complete.
10) It is your responsibility to contact the North Carolina Division of Water Resources (NCDWR) Raleigh Regional
Office to determine the 401 requirements for this project. Please note that, if an Individual 401 Water Quality
Certification (WQC) is required from NCDWR (which appears to be the case here), the Corps cannot verify the
use of any NWP without a valid 401 WQC.
11) 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
Mobile: [phone]
Email: David. [e-mail]
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 <[e-mail]>
Sent: Tuesday, January 17, 2023 2:39 PM
To: [e-mail]
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2023-00134 (Sanford Water Filtration Facility 30 MGD Expansion / 0 Avents Ferry Road / Sanford NC / Lee
County)
Good afternoon,
Your Pre -Construction Notification (PCN) NWP request has been received, assigned action ID SAW-2023-00134 and
forwarded to Dave Bailey for further processing.
Please refer to the action ID in all correspondence.
Thank you,
Josephine Schaffer
From: [e-mail] <[e-mail]>
Sent: Monday, January 16, 2023 12:28 PM
To: RaleighNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: [Non-DoD Source] PCN - Lee - Non -DOT
16

A new project has been received on 1/16/2023 12:25 PM for Sanford Water Filtration Facility 30 MGD Expansion. The
link below will take you to the project folder.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2643567;view=browse
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses aren't monitored.
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