20231000 Ver 1_DWR RFAI_20230922

Baker, Caroline D
From: Thomas, Zachary T
Sent: Friday, September 22, 2023 4:03 PM
To: Inscore, Chris; Pridgen, Tucker; David Revoir
Cc: Capito, Rachel A CIV USARMY CESAW (USA)
Subject: RE: [External] RE: SAW-2022-02375 Duke Cary Triangle Expressway 230kV Substation
Good Afternoon,
I have completed my initial review of the application and need the flowing items addressed before I can proceed:
• Mitigation is required for wetland impacts over 0.10 acres. The application currently requests 0.200 acres of
impacts for access road construction and will require mitigation. DWR was not copied on your 8/15/23 email
response to the USACE RFAL Please provide DWR with a copy of the SOAs and updated drawings showing
hydrology being maintained to wetland WB.
• DWR concurs with the USACE in that all gravel road crossing impacts could potentially be reduced by using
different slopes or potential headwalls. Please be aware that any 401 issued for this project would require field
verification of impacts by DWR prior to construction and that if any impacts are shown to be greater than 300 LF
that a modification request will be required that will include perennial stream mitigation. Please provide
justification for the impact total amounts for the proposed access road.
• The current PCN contains no temporary impacts for construction of the access roads. Please indicate any
temporary impact totals in an updated PCN, if required for construction.
• While the buffer impacts fall under the delegation of the Town of Cary, it appears there are discrepancies in
totals between the submitted PCN and the approved Town of Cary buffer authorization provided in your
application packet:
o Impact totals to SA, SB, and SC have all increased for Zone 1 from the issued Buffer Authorization.
o Impact totals to SA increased for Zone 2 from the issued Buffer Authorization as well.
o The increased amounts to Zone 1 & 2 of Stream SB total 15,511 sqft. With the crossing being at 169 LF
of stream impact and >1/3 acres of buffer, this would trigger buffer mitigation under the Jordan Buffer
Rule.
o Please clarify the change in buffer impacts from the issued Town of Cary Buffer Authorization and the
submitted PCN.
DWR will consider this application on hold until we receive all items listed above. Please be aware that your response
may lead to additional requests for information.
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: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628

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From: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, August 22, 2023 11:38 AM
To: Inscore, Chris <[e-mail]>
Cc: Pridgen, Tucker <[e-mail]>; David Revoir <[e-mail]>; Myers, Joseph
M <[e-mail]>; Thomas, Zachary T <[e-mail]>
Subject: [External] RE: SAW-2022-02375 Duke Cary Triangle Expressway 230kV Substation
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Hi Chris,
Thank you for your response. Please accept this as a request for additional information.
1. As noted in request #1. The Corps requested a 2:1 mitigation ratio unless documentation was provided to justify
a lower ratio. In the mitigation letters provided you only requested a 1:1 ratio. You will need to provide NCWAM
forms to justify reduced mitigation. The direct impacts will require a 2:1 ratio. The Corps would allow a 1:1 ratio
for the conversion area.
2. The mitigation ratio for the streams is also insufficient. Impacts to the onsite stream features are approximately
0.06 acre (2,823 linear feet). A 2:1 ratio for stream impacts is required for the crossings unless an NCSAM is
provided for a lower mitigation ratio justification. The Corps also believes the impacts to the stream crossings
themselves can be further reduced. Please provide justification why a 3:1 side -slope is required and why such
large crossings are necessary for a gravel access road.
3. 1 did not see notes on how the circulation and flow would be maintained to wetland WB once the road crossing
is constructed. Please provide information showing how the remaining northern wetland finger will still be
connected to the larger wetland feature. The Corps may require mitigation for secondary impacts to the wetland
finger that may be cut off or monitoring to ensure hydrology remains.
Please let me know if you have any additional questions.
Thanks,
Rachel
From: Inscore, Chris <[e-mail]>
Sent: Tuesday, August 15, 2023 1:48 PM
To: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Subject: [Non-DoD Source] RE: SAW-2022-02375 Duke Cary Triangle Expressway 230kV Substation
Rachel,

I have attached two SOA letters from mitigation banks to show credit availability for the total amount of proposed
impacts. Additionally, I have attached drawings from the engineer to clarify how circulation and flow will be maintained
as per comment No. 3. He also indicated they would be using bypass pumping during construction.
If you have any additional questions, please don't hesitate to contact me.
Regards,
Chris Inscore
From: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Sent: Monday, July 31, 2023 2:23 PM
To: Inscore, Chris <[e-mail]>
Subject: SAW-2022-02375 Duke Cary Triangle Expressway 230kV Substation
Chris,
Thank you for your PCN dated 7/13/2023, (received 7/13/2023), for the above referenced project. I have reviewed
the information and need clarification before proceeding with verifying the use of Nationwide Permit 57. Please
submit the requested information below 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:
Please note that compensatory mitigation is required for wetland impacts if the total amount of loss of wetlands
exceeds 0.1 acre (NWP Condition 23(c)). Please note that any wetland impacted authorized will require
compensatory mitigation at a 2:1 ratio, unless otherwise justified based on aquatic function.
Please also be aware that compensatory mitigation is also required for stream impacts that exceed 0.03 acre
(NWP Condition 23(d)).
Please clarify impact drawings to show only WOTUS impacts. It appears the hydrologic connection to a portion
of WB may be severed by Creek Crossing #2. Please provide information how the circulation and flow will be
maintained. If maintenance of wetland/stream hydrology is unable to be justified as appropriate, the Corps
would consider these areas as reasonably foreseeable indirect impacts (see NWP General Condition 32(b)(4)(i)
and NWP District Engineer's Decision part 2) 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.
Please let me know if you have any additional questions.
Thanks,
Rachel
Rachel Capito
Regulatory Project Manager
Wilmington District
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
919.440.1823