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HomeMy WebLinkAboutRE_ Request for Additional Information_ SAW-2020-01779 (Eagle Crest industrial park _ 4100 Auburn Church Road _ Garner _ Wake County) (3)Baker, Caroline D From: Harbour, Jeff W <Jeff.Harbour@terracon.com> Sent: Friday, June 9, 2023 2:35 PM To: Bailey, David E CIV USARMY CESAW (USA) Cc: Michael Kane; Thomas, Zachary T Subject: RE: [External] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. David, we expect to have this info back to you early next week. We appreciate your patience resulting from my absence for a couple weeks. Thanks Jeff Harbour, PWS Senior Scientist I Natural Resources w1re"wwracon 2401 Brentwood Road, Suite 107 I Raleigh, NC 27604 D (919) 547-1080 I M (919) 805-4208 ieff.harbour@terracon.com I Terracon.com From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Thursday, June 1, 2023 9:52 AM To: Harbour, Jeff W <Jeff.Harbour@terracon.com> Subject: RE: [External] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Sounds good. Just a heads up, you can check out the link under the "26 May 2023 - Supreme Court Ruling in Sackett v. Environmental Protection Agency' heading on our website for the latest: https://www.saw. usace.army. mi I/Missions/Regulatory-Permit-Program/ -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 Email: David. E.Bailey2@usace.army.miI 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: Harbour, Jeff W <Jeff.Harbour@terracon.com> Sent: Thursday, June 1, 2023 9:45 AM To: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: Request for Additional Information: SAW-2020- 01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Got your message. Thanks! We will proceed with getting the info back to you as requested and will wait and see what happens with AJD issue. Jeff Harbour, PWS Senior Scientist I Natural Resources 6"Terracon 2401 Brentwood Road, Suite 107 I Raleigh, NC 27604 D (919) 547-1080 I M (919) 805-4208 ieff.harbour@terracon.com I Terracon.com From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Wednesday, May 31, 2023 2:29 PM To: Harbour, Jeff W <Jeff.Harbour@terracon.com> Subject: RE: [External] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Understood. Thanks Jeff. -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 Email: David. E.Bailey2@usace.army.miI 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: Harbour, Jeff W <Jeff.Harbour@terracon.com> Sent: Wednesday, May 31, 2023 1:08 PM To: Thomas, Zachary T <zachary.thomas@deg.nc.gov>; Michael Kane <mkane@capitalcivil.com> Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: Request for Additional Information: SAW-2020- 01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Zach and David, Mike and I discussed this project this morning and we are preparing the response package. We hope to have it to you in a few days. I apologize for the delay in getting these responses back to you and thank you very much for your patience and guidance. Jeff Harbour, PWS Senior Scientist I Natural Resources wFe"wwracon 2401 Brentwood Road, Suite 107 I Raleigh, NC 27604 D (919) 547-1080 I M (919) 805-4208 ieff.harbour@terracon.com I Terracon.com From: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Sent: Tuesday, May 30, 2023 5:05 PM To: Michael Kane <mkane@caPita lcivil.com>; Harbour, Jeff W <Jeff.Harbour@terracon.com> Cc: David.E.Bailey2@usace.army.mil Subject: RE: [External] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Hi Mike, Thank you for providing this information about the culvert. As long as the length/amount of riprap apron is accurately calculated and reflected in the plans for the new slope/design, then that should cover what I need for that question. Please make sure to cc me on your responses to the other items so that I can include them in my final review. If you have any questions, please let me know. Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 zachary.thomas@deg.nc.gov **DEQ is updating its email addresses to @deq.nc.gov in phases from May 1st to June 9th. Employee email addresses may look different, but email performance will not be impacted. Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Michael Kane <mkane@capitalcivil.com> Sent: Tuesday, May 23, 2023 4:50 PM To: Thomas, Zachary T <zachary.thomas@deg.nc.gov>; Harbour, Jeff W <Jeff.Harbour@terracon.com> Cc: David.E.Bailey2@usace.army.mil Subject: RE: [External] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Zach, We will be revising the submittal to a 36" pipe, not buried. As far as maintaining stream velocity the existing culvert is at 5.3% then has a ±1.6' drop at the end of the pipe (see attached photo). For aquatic passage I felt it was best to match the stream bed on each side of the proposed culvert and eliminate the drop. Yes this increased pipe slot increases velocity but we remove the waterfall at the end of the pipe. Please advise if there is something else I would need to do in this situation. 255 250 245 240 235 0+00 0+30 0+60 0+90 1+20 1+5Y- Thanks, Mike Kane 919 390-9682 _MP HAD BANK �D 48" -VERT 12" JATIC =15" 4" DEEP From: Thomas, Zachary T <zachary.thomas@ncdenr.gov> Sent: Friday, May 5, 2023 4:14 PM To: Harbour, Jeff W <Jeff.Harbour@terracon.com> Cc: Michael Kane <mkane@caPita lcivil.com>; David. E.Bailey2@usace.army.miI Subject: RE: [External] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Hi Jeff, I have completed my initial review of this project (DWR# 20210137 V2) and DWR will be considering this project on hold until we receive a response to the items requested in the 3/30/23 USACE email and the below item: Regarding the culvert burial in item 2 of David's email, per the general certification: • "For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert." • Please redesign the culvert per the above guidance and provide an updated PCN and impact map reflecting the changes. Pending the responses to items requested by the USACE, additional information may be requested to assist in completing the final review of the project application. If you have any questions, please let me know. Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 zachary.thomas@ncdenr.gov Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Tuesday, April 25, 2023 5:23 PM To: Harbour, Jeff W <Jeff.Harbour@terracon.com> Cc: Michael Kane <mkane@caPita lcivil.com>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: [External] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hi Jeff. The Corps is amenable to granting an additional 30 days to respond to our request for additional information dated 3/30/2023. As such, the new suspense date to submitting the required information is now 5/29/2023. 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: (919) 817-2436 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: Harbour, Jeff W <Jeff.Harbour@terracon.com> Sent: Tuesday, April 25, 2023 9:35 AM To: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Cc: Michael Kane <mkane@caPita lcivil.com>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Hey David, Good to talk to you yesterday. I have spoken with the engineer and we would like to request an additional 30 days to allow for ongoing consultation between the engineer, the wall designer and City of Raleigh, to conclude. We propose to have the necessary information back to you by May 26, 2023. Thank you for your assistance with this project. Jeff Harbour, PWS Senior Scientist I Natural Resources oferracon 2401 Brentwood Road, Suite 107 I Raleigh, NC 27604 D (919) 547-1080 I M (919) 805-4208 ieff.harbour@terracon.com I Terracon.com From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Tuesday, April 25, 2023 7:01 AM To: Harbour, Jeff W <Jeff.Harbour@terracon.com> Cc: Michael Kane <mkane@caPita lcivil.com>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Hi Jeff. As a follow-up to my email from yesterday, Corps HQ has updated our procedure related to the "Revised Definition of 'waters of the United States"' (the 2023 WOTUS Rule) as it relates to the order issued by the U.S. Court of Appeals for the 6th Circuit in the case of Commonwealth of Kentucky et al., vs. EPA (Case No. 23-5345). In 23 states, including North Carolina, the Corps will continue to implement the 2023 WOTUS Rule unless your client is a "Plaintiff - Appellant in Case 23-5345 or one of their members." This includes: Kentucky Chamber Of Commerce, U.S. Chamber Of Commerce, Associated General Contractors Of Kentucky, Inc., Home Builders Association Of Kentucky, Portland Cement Association, and Georgia Chamber Of Commerce. My assumption is that your client isn't one of those, but please let me know if they are. The good news here is that I should be able to proceed coordinating the AJD with the EPA. I await your email regarding additional time needed as we discussed yesterday. Thanks, and please let me know if you have any questions. -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 Email: David. E.Bailey2@usace.army.miI 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: Bailey, David E CIV USARMY CESAW (USA) Sent: Monday, April 24, 2023 1:51 PM To: Harbour, Jeff W <Jeff.Harbour@terracon.com> Cc: Michael Kane <mkane@caPita lcivil.com>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Hi Jeff, and thanks for your email. I just left you a VM, so give me a call back when you get a chance. In short, I have not coordinated with EPA yet as we have been watching the US Circuit court cases move along regarding the 2023 "Revised Definition of 'waters of the United States"' (the 2023 WOTUS Rule). On Friday, Corps Headquarters (HQ) notified us that the U.S. Court of Appeals for the 6th Circuit issued an order in the case of Commonwealth of Kentucky et al., vs. EPA granting an administrative stay of the 2023 WOTUS Rule until 10 May 2023. The extent of this Administrative Stay is not clear at the moment. HQ further stated that, in light of the stay and as they evaluate the scope of the order, districts should not apply the 2023 Rule in the 24 states affected, including North Carolina, until further direction is given. Bottom line, our leadership directed us to not issue any Approved Jurisdictional Determinations under either the pre- 2015 regime or under the 2023 Rule until further notice. As such, item 1) in our request for additional information is on hold until we receive further direction. Regarding granting additional time on other items, the Corps is generally not opposed to granting additional time to gather the requested information. Please specific the amount of additional time requested and the reason for it to facilitate my response. Thanks again. -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 Email: David. E.Bailey2@usace.army.miI 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: Harbour, Jeff W <Jeff.Harbour@terracon.com> Sent: Monday, April 24, 2023 11:58 AM To: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Cc: Michael Kane <mkane@caPita lcivil.com>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Importance: High David, Just to give you an update. We are working on the items you list below and I have sent you info regarding Item 5. Also, have you heard anything from EPA regarding Item1. In closing we are wondering if we can formally request a little more time to get everything properly addressed before submitting this additional info back to you? 30 days is this weekend and we would like to ask for some additional time. Please let us know and thanks for your assistance. Jeff Harbour, PWS Senior Scientist I Natural Resources fi 1ARM merracon 2401 Brentwood Road, Suite 107 I Raleigh, NC 27604 D (919) 547-1080 I M (919) 805-4208 ieff.harbour@terracon.com I Terracon.com From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Thursday, March 30, 2023 5:12 PM To: Harbour, Jeff W <Jeff.Harbour@terracon.com>; H. Glen Bagwell, Jr <hgbir@ix.netcom.com> Cc: Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: Request for Additional Information: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) wo Thank you for your PCN, dated 2/28/2023, for the above referenced project. I have reviewed the information and need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 14 (https://saw- reg.usace.army.mil/NWP2021/NWP-14.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) Please note that the Approved Jurisdictional Determination (AJD) dated 7/28/2021, which covered Wetlands W6 and W7 of the project area, relied on the Navigable Waters Protection Rule (NWPR), since vacated. Based on the Memo from the Deputy Commanding General for Civil and Emergency Operations, "Direction Concerning the Implementation of Section 404 of the Clean Water Act by the Corps of Engineers in Light of the Vacatur of the Navigable Waters Protection Rule" dated 1/4/2022 (4 January 2022 Memo), the Corps cannot rely on a NWPR AJD in making a new decision on a regulatory action (including new permitting decisions). Rather, the Corps will make new permit decisions pursuant to the currently applicable regulatory regime (i.e., the Revised Definition of "Waters of the United States", implemented on 3/20/2023 [2023 WOTUS Rule]). I have begun the coordination process with Corps Headquarters and the EPA to confirm that both Wetlands W6 and W7 would remain non -jurisdictional under the 2023 WOTUS Rule, and will advise you accordingly as this process proceeds. Note that, if these wetlands are determined to be jurisdictional waters of the US, the project as proposed would not fit the NWP thresholds in general, thereby requiring evaluation under the Standard (i.e. Individual) Permit process. 2) Given the relatively steep slope (>3%) of the proposed culvert, we are concerned that this stream would be subject to headcutting (and potential wetland drainage) above the proposed culvert if the invert is buried 1 foot as proposed. Note also that, in this case, NWP Regional Condition 9.a does not require culvert invert burial, based on the proposed culvert slope and size of the proposed pipe (48"). Please confirm with NCDWR regarding whether or not culvert burial is required/advisable in this situation. If burial of the culvert pipe is not advised, please redesign accordingly and update the PCN and applicable plansheets. 3) The purpose of the proposed fill in waters is to provide access and infrastructure to Phases 3 and 4 of the Eagle Crest West Industrial Park. The typical authorization sought for such projects is NWP 39 (Commercial and Institutional Developments). Further, no above -grade fill into waters of the U.S. within the floodway or mapped FEMA 100-year floodplain is proposed as part of this project which would preclude the use of NWP 39. As such, NWP 39 (Commercial and Institutional Developments) is a more appropriate authorization for the purpose of the proposed impacts. 4) Based on proposed/assumed grading, the project appears to eliminate the majority of the drainage areas/hydrology source for Streams T5 and T9: a. Please provide justification that hydrologic input will be maintained to these waters. Common designs include routing approximately equivalent surface water/runoff area to these locations, altering locations of stormwater outlets, usage of French drains and under -drains where appropriate, etc. Please also update applicable plansheets to clearly show such measures/details; b. If maintenance of stream hydrology is unable to be justified as appropriate, the Corps would consider these areas as reasonably foreseeable indirect impacts (see NWP General Conditions "District Engineers Decision") resulting from a loss of hydrology. In such cases compensatory mitigation may be required for indirect impacts resulting in a loss of hydrology and therefore aquatic function; compensatory mitigation is typically required at a 1:1 ratio for such indirect impacts (although may be situationally up to 2:1), depending largely on aquatic function (e.g. NCSAM); c. A monitoring plan (typically including monitoring devices and visual observations for a period of 5 years post -construction) to document maintenance of stream hydrology may also be proposed for Corps evaluation and approval; such monitoring plans would also include a contingency plan, typically including compensatory mitigation, in the event that monitoring does not indicate maintenance of stream hydrology. 5) Given the relative proximity of this project to known populations of several threatened/endangered mussel species, 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 a NWP until Section 7 consultation is complete. 6) Please note that responses to the questions above may prompt additional information requests to allow full evaluation of the proposed project. 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 (2/28/2023) 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 6/28/2023. 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: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI 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, March 1, 2023 7:58 AM To: Harbour, Jeff W <Jeff.Harbour@terracon.com> Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Subject: SAW-2020-01779 (Eagle Crest industrial park / 4100 Auburn Church Road / Garner / Wake County) Good morning, 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@mccicloud.io <laserfiche.ncdenr.gov@mccicloud.io> Sent: Tuesday, February 28, 2023 10:00 AM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: SAW-PCN-RG <SAW-PCN-RG@usace.army.mil> Subject: [Non-DoD Source] PCN - Wake - Non -DOT A new project has been received on 2/28/2023 9:59 AM for Eagle Crest West Industrial Park. The link below will take you to the project folder. 10 https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2694964;view=browse This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered with responsiveness, resourcefulness, and reliability. Private and confidential as detailed here (www.terracon.com/disclaimer). If you cannot access the hyperlink, please e-mail sender. 11