20231536 Ver 1_More Info Received_20231204

Baker, Caroline D
From: Nikki Thomson < [e-mail] >
Sent: Monday, December 4, 2023 3:40 PM
To: Martin, Matthew K CIV (USA); Sean Clark; JMS Site Development
Cc: Thomas, Zachary T
Subject: [External] RE: Incomplete Application Notification & Request for Additional
Information: SAW-2023-01351 (JMS Storage / Angier/ Johnston County)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Hey Matt!
Thank you so much for taking the time to video chat with me about this project. I've answered your questions below, in
red, based on our conversation this morning.
Please let me know if you have any additional questions and it was great catching up with you!
Nikki
Nicole Thomson, PWS
Sage Ecological Services, Inc.
nthomson(d�sageecological.com
[phone]
From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Friday, December 1, 2023 2:55 PM
To: Nikki Thomson <[e-mail]>; Sean Clark <[e-mail]>; JMS Site
Development <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: Incomplete Application Notification & Request for Additional Information: SAW-2023-01351 (JMS Storage /
Angier/ Johnston County)
on
Good afternoon, my name is Matt Martin and I have been assigned as the project manager for your project. Thank you
for your PCN, dated November 9t", 2023, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permits (NWP) 39. 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withdrawn and close the file.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([e-mail]) me if you have any questions/concerns
or would like to set up at time to discuss.
1. For the Corps to consider your application complete please comply with General Condition 32(4)iii "Sketches
should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches

usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient
detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans);"
a. Please provide plans that demonstrate the project's proposed activity (i.e. storage units) and all
necessary infrastructure
Response: Per our conversation today, the project is a Storage yard, not a storage facility. The "yard" will be gravel, -
there are no permanent buildings of any kind (which is also why there is no sewer/water connections proposed). I
apologize if this wasn't made more clear in the application submittal.
2. The Corps is currently unable to verify compliance with general condition 23(a) please resolve the above item 1
in order to show proper avoidance and minimization.
Response: Per our conversation, the applicant has reduced the overall footprint for the storage yard to the minimum
reasonable size which would demonstrate avoidance & minimization while still ensuring a fiscally feasible
project. The original footprint of the gravel storage yard was the entirety of the Site, excluding the area reserved for
stormwater treatment. By reducing the proposed size, the applicant is avoiding the unbuffered, intermittent stream
in the middle of the site, the buffered, intermittent stream along the eastern property boundary, the riparian buffer
associated with Stream SA and the remaining wetlands on the Site (not proposed for permanent impact).
3. Temporary Wetland impact 1: If proposing restoration for this area, as appears to be the case, do not include it
as an impact to be authorized
The permitting approach for the Site was discussed during a Site meeting had with USACE staff, NCDWR staff,
Johnston County staff, the property owner/applicant and Sage Ecological Services staff. The USACE determined that
as no fill or excavation had occurred on the Site, and only clearing activities were conducted, the clearing would be
considered "exempt" under silviculture activities, especially as the applicant was willing to replant any disturbed
wetland areas with appropriate live stakes, bare root seedlings and wetland seed mix as needed. DWR staff
indicated that an "After -the -Fact" permit application would be required, therefore, one electronic application was
submitted for the purposes of requesting the proposed permanent wetland fill impacts (subject to 404 and 401
regulations and approval) AND requesting the "After -the -Fact" temporary wetland and stream impacts as required
by NCDWR. For clarification purposes, the proposed permanent wetland impacts are depicted in GREEN on sheet
CWI-3.0 (or page 59 of the Supplemental Information PDF) and the wetland areas proposed to be "reforested" are
depicted in ORANGE on the some plan sheet. Additionally, for NCDWR purposes, there is the section of intermittent
stream which will be returned to pre -disturbance profile (see sheet CWI-4.0 or page 60 of the Supplemental
Information PDF for the cross -sections) and the buffer area to also be reforested (depicted in BLUE and PURPLE on
both sheets).
4. Temporary Wetland impact 2: If proposing restoration for this area, as appears to be the case, do not include it
as an impact to be authorized
Please see Response 3. Above
5. Temporary Stream Impact 1: If proposing restoration for this area, as appears to be the case, do not include it as
an impact to be authorized
Please see Response 3. Above
6. On Temporary Stream Impact 1: The restoration plans reference attached plans that do not appear to be
attached. Please provide a copy of these plans.
Please see sheet CWI-4.0 (or page 60 of the Supplemental Information PDF) for the proposed cross sections of the
stream channel.
7. Is the intent of this PCN to apply for a After the Fact Corps 404 permit? It is unclear what work is being After the
fact permitted, previously impacted areas appear to have a restoration plan and therefor we are not authorizing
additional discharges in that area.

NCDWR required an "After -the -Fact" 401 permit request for the unauthorized clearing activities in the wetland area,
and the unauthorized disturbance of the stream channel, which occurred on the Site. The USACE determine that the
clearing activities and disturbance to the stream channel did not need USACE authorization under the silviculture
exemptions. Please see Response 3 for additional information/explanation.
8. If it is determined a After the fact permit for the Corps (CWA 404) is necessary, please sign and return the
attached tolling agreement, "No appeal of an approved jurisdictional determination (JD) associated with an
unauthorized activity or after -the -fact permit application will be accepted unless and until the applicant has
furnished a signed statute of limitations tolling agreement to the district engineer" 33 CFR 326.3(e)(1)(v)
Per the previous discussions, this permit request is not a 404 permit authorization request of the USACE, therefore,
the Tolling Agreement does not apply. Please see Response 3 for additional information/explanations.
9. On the restoration plan please include a map that specifically shows where the restoration is proposed.
As previously discussed in Response 3 above, plant Sheets CWI-3.0 & 4.0 depict the locations of the proposed
restoration to the stream and wetland. Please see Response 3 for additional information/explanations.
10. It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division
of Water Resources (NCDWR) for this project. Per the 2020 CWA Section 401 Rule, the PCN must contain the 9
elements listed in Section 121.5(b) of the Rule. According to the 9/16/2022, Programmatic Agreement (PA)
between the USACE, Wilmington District, and the NCDWR, the Reasonable Period of Time (RPOT) for NCDWR to
act on a Section 401 certification request is 120 days after receipt of a certification request containing the 9
required elements. However, it appears that element 4 is not met; as such, NCDWR's RPOT has not started yet.
Please note that the Corps cannot verify the use of any NWP without a valid 401 WQC.
As discussed in previous responses, the applicant is requesting USACE 404 Authorization for the proposed permanent
wetland fill impacts. The site plan has been modified as much as is practicable to avoid overall impacts to
jurisdictional features, beyond what is proposed in the application request, and still remain fiscally feasible. Per our
call, element 4 has been satisfied.
11. Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
Please do not hesitate to contact me if there is anything else with this project that requires additional
information. And I apologize for anything that was unclear in the application package.
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(@usace.armv.mil
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