20231466 Ver 1_USACE More Info Requested_20231218

Homewood, Sue
From: Perez, Douglas J CIV USARMY CESAW (USA) < [e-mail] >
Sent: Monday, December 18, 2023 2:54 PM
To: [e-mail]
Cc: Homewood, Sue
Subject: [External] SAW-2018-00034 Sims Legion Park Landfill (Notice of Incomplete
Application)
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Good afternoon Dave,
On October 27, 2023 we received the application you submitted on behalf of the City of Gastonia to place fill material in
a tributary to Long Creek, Mecklenburg County, North Carolina. The USACE has completed our initial review of the
application and have determined that it is incomplete. The following information is necessary to complete the review of
this application:
a. In accordance with 2021 Nationwide Permit general conditions 32(b)(5), the PCN must include a delineation of
wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent,
and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. At this time we do not possess a current wetland delineation for this site,
please provide.
Additionally, we have reviewed your request for a Nationwide Permit 38 and we have determined that the
project does not qualify for a 2021 Nationwide Permit 38 as the proposed activities would fall underneath a
different NWP depending upon what exactly you are proposing. The proposed project states, " Removing all the
trees to 6" below ground level , excavation of any waste material with less that V of cover and relocating burial
of such waste in areas where a minimum of 1-foot soil cover is possible. The ravine in question is an outfall for
the existing 48" RCP that eventually feeding into a tributary to Long Creek. The current slopes to this outfall pipe
are very close to 1:1 and heavily wooded. Because the trees need to be removed, we are proposing an extension
of this existing storm pipe so that we can provide 4:1 grassed slopes that will not encroach into the existing
ballfield. 4:1 slopes will also allow for easy maintenance by the Park Authority and safer terrain for park visitors.
There are also pockets of exposed waste material in and around this ravine which needs to be relocated under
the current regulations which is another reason for regrading in this area."
1) This description is confusing. Please explain further. The impacts of removing trees do not require a USACE
permit. Removal of waste material does not require a permit from the Corps.
2) where will the waste go once removed? Is there an offsite location? Is it an upland location on property?
3) please provide a detailed drawing that shows the location of the proposed culvert extension. (how is it being
connected to the current pipe?), what are the engineered slopes on this if it is a tributary to Long Creek?
4) what does this UT2 tributary to Long creek currently look like? (are there pictures available, see comment A in
the above paragraph)
5) The applicant has indicated that there is no compensatory mitigation because "the project is proposing to
RESTORE the existing stream by providing a more uniform cross section at a 1.2% grade slope instead of the
existing one." (This activity as proposed does not fall under "restoration" as you are taking an above ground
aquatic resource, and piping it. This changes the dynamics of the biologicals processes, etc)

6) With the description of the proposed project, we would recommend either a NWP 18 (minor discharges) and
potentially a NWP 42 (recreational facilities) or a NWP 13 (Bank stabilization).
c. Have you conducted targeted Endangered and Threatened Species surveys within the appropriate
window? There does appear to be suitable habitat for both Schweinitz's Sunflower and Dwarf -flowered
Heartleaf. If you have done these surveys, have you contacted USFWS for concurrence? The site appears to
have potential habitat for the Endangered Schweinitz's Sunflower (Helianthus schweintzii) and the Dwarf -
Flowered Heartleaf (Hexastylis naniflora). If the surveys in the appropriate window have been completed, please
provide them. If there has been additional correspondence with the USFWS in regard to these species, please
provide that information directly back to the CORPS so we can make an informed decision.
d. There appears to be an historic community immediately adjacent to the proposed site. While there is potential
to affect this property (Viewshed analysis), a more in-depth map showing the location of the impacts, the
amount of impacts, and tree clearing would be beneficial. This information can be shown on a USGS topographic
map of the site. At this point and based on potential impacts, an informal consultation with the North Carolina
State Historic Office would occur before a permit decision could be made.
e. I need to see an overall site plan with proposed impacts, a more in depth map showing where the impacts are
proposed (i.e. higher resolution map), your delineation map, a USGS topographic map of the site, a soil survey
map, and a map depicted a search review of any/all historic properties in the vicinity.
In addition, this proposed project may require an Individual Water Quality Permit ( IWQC) from the NCDEQ. The
State has been CC'd in this response. And the IWQC will need to be obtained before verification of an NWP to
happen.
Please provide the information requested above in ONE consolidated response within 30-days of the date of this
correspondence. If you do not respond within 30-days, the application will be administratively canceled. Please contact
me via telephone or e-mail if you have questions.
Sincerely,
Doug J. Perez
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Charlotte Field Office
Office : [phone]
Cell : [phone]