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HomeMy WebLinkAbout20231100 Ver 1_USACE More Info Requested_20230919Homewood, Sue From: Stock, N Carmela CIV USARMY CESAS (USA) <Nichelle.C.Stock@usace.army.mil> Sent: Tuesday, September 19, 2023 8:36 AM To: AMBER.LIPSKY@WETLANDS-EPG.COM; heath.caldwell@wetlands-epg.com Cc: Isenhour, Kimberly T CIV USARMY CESAW (USA); Dailey, Samantha J CIV USARMY CESAW (USA); Hopper, Christopher D CIV USARMY CESAW (USA); Hammond, Swade D CIV USARMY CESAD (USA) Subject: RE: Request for Additional Information RE: Mayes Meadows (SAW-2021-00907) Good morning, Upon further review of the proposed project, additional concerns have been raised. In addition to the requested information in the previous email (dated September 06, 2023), please: 1. Clarify whether the proposed project is in accordance with 33 CFR 332.8 (g)(2) of the 2008 Mitigation Rule. Although not called out in your application, the proposed project plans encroachments on an existing mitigation bank. Approval documentation from the USACE and its interagency review team should accompany your response. 2. Our records indicate there have been multiple Jurisdictional Determination (JD) requests provided for this site, including recently recorded (2022) mitigation bank as -built surveys. Unless the most recently approved boundaries are utilized, an additional site visits will be required. 3. Provide documentation from the local floodplain administrator that indicates the proposed project would comply with applicable FEMA-approved local floodplain regulations (per Nationwide Permit (NWP) 29 General Condition 10), given the location of proposed work within a FEMA floodway. An email or other documentation from the floodplain administrator would suffice for our needs. 4. Thank you for providing a detailed map and recent study of nearby historic sites. Due to the nature of the proposed project and location of previously documented historic sites within the vicinity of the proposed project area, consultation with the State Historic Preservation Office (SHPO) should be conducted. We did not locate documentation of SHPO's concurrence in the application materials provided. Please direct us to where this documentation may be found. 5. Thank you for the USFWS letter dated December 14, 2021. Please note that the USACE is still required to consult with the service prior to authorizing impacts within areas potentially supporting listed species. Two years is the limit for botanical surveys associated with Schweinitz's sunflower, and no mention of the Tri- colored bat, due to be formally listed this month was received. Please provide current survey results for Schweinitz's sunflower and alert your client that tree clearing moratoria associated with protection of Tri- colored bat are likely as a condition of any permit verification. If you do not submit the requested information within 30 days from the date of this request for additional information (including information requested via e-mail dated September 06, 2023), your application will be withdrawn. Thanks! N. Carmela Stock Biologist Regulatory Project Manager U.S. Army Corps of Engineers SAD Technical Regional Execution Center 100 W. Oglethorpe Ave. Savannah, GA 31401 Email: Nichelle.C.Stock(a�usace.army.mil Telephone: (912) 724-8979 To assist us in improving our service to you, please complete the survey found at https://regulatory.ops.usace.army.mil/customer-service-survey/ From: Stock, N Carmela CIV USARMY CESAS (USA) Sent: Wednesday, September 6, 2023 11:04 To: AMBER.LIPSKY@WETLANDS-EPG.COM; heath.caldwell@wetlands-epg.com Subject: Request for Additional Information RE: Mayes Meadows (SAW-2021-00907) Good morning! This is in reference to your permit application for the proposed Mayes Meadows Project (SAW-2021-00907). Upon review, your permit application is considered incomplete. In order for us to continue evaluating the proposed project, please provide the following information: 1. Please confirm there will be no permanent fill within the 100-YR FEMA Floodplain indicated within the proposed project boundary. 2. The Wetland Impact Table provided with the application listed no temporary impacts. Can you confirm the purpose of the utility construction easement (0.234 AC of Wetland J) as a temporary construction corridor with temporary impacts that would be revegetated as described in the provided plans? 3. A letter provided with the PCN and dated August 7, 2023, with subject: SAW-2021-00907; Pre - Construction Notification for NWP #29 for the Mayes Meadow site in Huntersville, Mecklenburg County, North Carolina; indicated permanent impacts to three wetlands and four streams. The impact table provided with the PCN indicated permanent impacts to 2 streams (B and C). Please indicate the location and type of additional stream impacts that would occur. 4. Regarding the permanent stream impacts listed, have retaining walls been considered to minimize downstream impacts where fill would be placed? Also, please see the following regarding your application, • Mitigation would be required at a 1:1 ratio for all converted wetlands (0.14 AC) due to loss of aquatic function, since the 0.1-acre threshold would currently not be met with the proposed project design (Per NWP 29 Regional Condition 10(d)). • Since the proposed project would have over 150 LF of stream impacts, an Individual Water Quality Certification is required from the State (NCDWR). Have you already begun the 401 Individual Water Quality Certification Process? Please reference our file number in any future correspondence pertaining to this project. If you do not submit the required information to determine the project complete within 30 days from the date of this e-mail, we will assume that you no longer wish to pursue this permit and your application will be withdrawn. Thanks! N. Carmela Stock Biologist Regulatory Project Manager U.S. Army Corps of Engineers SAD Technical Regional Execution Center