Re_Request for Additional Information_ Hawthorne at Southern Pines_ Moore County_ SAW-2023-01375

From: Tamp Bandy - W&W
To: Martin, Matthew K CIV CESAW
Cc: Phil Payonk; Turlinaton. Chad; Perry Isner
Subject: [External] Re: Request for Additional Information: Hawthorne at Southern Pines/ Moore County; SAW-2023-
01375
Date: Monday, August 14, 2023 10:39:58 AM
Attachments: 20230615 Itr RFO JCA re Knollwood Apartments Southern PinesMooreCou nty s .pdf
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Matthew,
The following response is provided to address your comments and request for additional
information:
1. We have no objection to utilization of NWP 29 based on your position.
2. A study was previously completed for the project. USFWS concurrence letter is attached.
3. We understand that your position from our conversation that the proposed sewer impacts
require a PCN from:
Condition 18 (c) Non federal permittees must submit a pre -construction notification to the
district engineer if any listed species (or species proposed for listing) or designated critical
habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of
the activity, or if the activity is located in designated critical habitat or critical habitat
proposed for such designation, and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized.
As such, 0.49 acres of wetland compensatory mitigation for the loss of aquatic functions
related to the conversion of forested wetland to a permanently maintained corridor is
proposed.
Thank you,
Tamp Bandy
828-302-3437
On Thu, Jul 13, 2023 at 11:15 AM Martin, Matthew K CIV CESAW
<Matthew.KMartin(o.usace.army.mil> wrote:
All,
Good morning, my name is Matt Martin and I have been assigned as the project manager for
your project. Thank you for your PCN, dated July 6th, 2023, for the above referenced
project. I have reviewed the information and need clarification before proceeding with
verifying the use of Nationwide Permits (NWP) 14 and 58. Please submit the requested
information below (via e-mail is fine) within 30 days of receipt of this Notification or we
may consider your application withdrawn and close the file. Please email
(matthew.kmartin(c�.usace.army.mil) me if you have any questions/concerns or would like to
set up at time to discuss.

1. The applicant stated purpose for the NWP 14 is "Project includes development of
residential development that requires road access to US Hwy 1. Road location and
design mandated by NCDOT driveway locations. Current construction includes 2
lane road with sidewalk to serve the current proposed development". The road appears
to only serve the proposed community. The projects stated purpose appears that it
would better fit NWP 29 - Residential Developments.
2. Per General Condition 18, no activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or
adversely modify designated critical habitat or critical habitat proposed for such
designation. To verify compliance with Section 7 of the Endangered Species Act
please include the completed Red -cockaded Woodpecker Effects Determination Key
that is located in the RCW SLOPES Manual Appendix B.
httns://saw-reg.usace. army, mil/ESA/RCW_SLOPES_20220302.p
Per Regional Condition IOd of NWP 58 " Utility Line Activities for Water and Other
Substances", the permanently maintained corridor along the utility right of way within
the forested will require compensatory mitigation. This is generally proposed at a
minimum of 1:1 ratio.
o "d. Any permanently maintained corridor along the utility right of way within
forested wetlands shall be considered a loss of aquatic function. A
compensatory mitigation plan will be required for all such impacts associated
with the requested activity if the activity requires a PCN and the cumulative
total of permanent conversion of forested wetlands exceeds 0.1 acres, unless the
District Engineer determines in writing that either some other form of
mitigation would be more environmentally appropriate or the adverse effects of
the proposed activity are minimal. Where permanently maintained corridor
within forested wetlands is 0.1 acres or less, the District Engineer may
determine, on a case -by -case basis, that compensatory mitigation is required to
ensure that the activity results in minimal adverse effects on the aquatic
environment."
4. Please note that responses to the questions above may prompt additional information
requests to allow full evaluation of the proposed project.
Thank you,
Matthew K. Martin, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105

Wake Forest, NC 27587
Mobile: [phone]
Email: matthew.k.martin(a-.usace.army, mil
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Tamp Bandy
828-302-3437
Wetlands & Waters, Inc.
4108 LB Propst Drive
Conover, NC 28613
itampbandy0wetlands-waters.com
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