20240182 Ver 1_Email_20240209

Baker, Caroline D
From:Kiker, Taylor <[e-mail]>
Sent:Friday, February 9, 2024 1:23 PM
To:Lipsky, Amber L CIV USARMY CESAW (USA)
Cc:Pitner, Andrew; Tinklenberg, Chris
Subject:\[External\] RE: SAW-2022-02017 Rowan 85 Trade Center/ Rowan County - Request for
Additional Information
Attachments:20230501_SAW-2022-02017_DC Approval.pdf
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.

Amber,

1. Chris Hopper provided a Delineation Concurrence for this site on May 1, 2023. Please see the attached email of
that DC. The snip below is the extent of the wetland confirmed by the DC. Additional site visits were not
assumed following obtaining the delineation concurrence. Therefore, we do not have funds to conduct
additional site visits. A majority of that area is off-site and we do not have land owner authorization to access.

2. The proposed NWP 14 and associated off-site roadway, is required by NCDOT. The off-site roadway will provide
independent utility and is independent of the industrial project (NWP 39). Per NWP 14, "linear transportation
projects crossing a single waterbody more than one time at separate and distant locations… each crossing is
considered a single and complete project for purposes of NWP authorization." It is our understanding that the
proposed off-site roadway impacts are a single and complete project, separate from the on-site industrial
project.

Let me know if we need to jump on a call early next week. Thank you,
1

Taylor (she/her/hers)
Taylor Kiker, PWS
Kimley-Horn | 200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 980 296 0810 | Mobile: [phone]
The electronic files ("Files") furnished by Kimley-Horn to the intended receiver of the Files ("Receiving Party") are provided only for the convenience of
Receiving Party and only for its sole use. Receiving Party agrees that it shall be bound by and subject to the terms of this notice.

For any signed and sealed plans or final deliverables, if there are discrepancies between the Files and the hardcopy of the Files prepared by Kimley-Horn,
the hardcopy shall govern. Only printed copies of such documents conveyed by Kimley-Horn may be relied upon.

Any use of these electronic Files will be at the Receiving Party's sole risk. Receiving Party accepts the Files on an "as is" basis with all faults.

From: Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, February 9, 2024 12:06 PM
To: Kiker, Taylor <[e-mail]>
Cc: Pitner, Andrew <[e-mail]>
Subject: SAW-2022-02017 Rowan 85 Trade Center/ Rowan County - Request for Additional Information

You don't often get email from [e-mail]. Learn why this is important
Good afternoon,

I have reviewed the above referenced NWP application will require additional information before I can continue my
review. Please see below.

1. Could you please provide a data point in the area indicated below? USACE would like to confirm the origin of the
feature to assist in accurately quan?fying impacts to WOTUS.

2. Per General Condi?on 28, the use of more than one NWP for a single and complete project cannot exceed the
acreage limit of the NWP with the highest specified acreage limit. Both NWP 39 and NWP 14 cannot be used to
authorize the loss of WOTUS greater than ½-acre.
In other words, the use of these two NWPs does not respec?vely allow for ½-acre of loss to WOTUS for each
permit type. Thus, as proposed, this project exceeds the total ½-acre limit and cannot be processed as a NWP.
To move forward with a NWP verifica?on for this site, total impacts to WOTUS will need to be reduced. If you
would like to proceed with the project as proposed, it would need to be processed as a Standard Permit,
otherwise known as an Individual Permit.

2

Please let me know if you have any ques?ons,

Amber Lipsky (she/her)
Regulatory Specialist, Charlotte Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262

Email: [e-mail]
Office: [phone]
Mobile: [phone]

3