20240182 Ver 1_USACE Correspondence_20240212

Baker, Caroline D
From:Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Sent:Monday, February 12, 2024 1:49 PM
To:Kiker, Taylor
Cc:Pitner, Andrew; Tinklenberg, Chris; Dailey, Samantha J CIV USARMY CESAW (USA)
Subject:\[External\] RE: SAW-2022-02017 Rowan 85 Trade Center/ Rowan County - Request for
Additional Information
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Thank you all for your ?me today. To summarize our conversa?on,
 The Corps has the discretion to determine if the project is single and complete. In this case, we are considering
all impacts cumulative. This is because the applicant would not be able to construct or operate the development
without the proposed road, and the road would not be constructed but for the industrial development.
 As proposed the project does not qualify for the terms and conditions of the Nationwide Permit.
o In order for our office to continue processing your NWP, please revise your impacts to stay under 0.5
acre of impact. Or you may proceed with submittal of an individual permit.
Please let us know how you would like to proceed.

Best regards,
Amber

From: Kiker, Taylor <[e-mail]>
Sent: Friday, February 9, 2024 3:02 PM
To: Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Cc: Pitner, Andrew <[e-mail]>; Tinklenberg, Chris <[e-mail]>; Dailey,
Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Subject: \[Non-DoD Source\] RE: SAW-2022-02017 Rowan 85 Trade Center/ Rowan County - Request for Additional
Information

Yes! Does Microso? Teams work? I can add everyone on this email.

-Taylor

From: Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, February 9, 2024 2:58 PM
To: Kiker, Taylor <[e-mail]>
Cc: Pitner, Andrew <[e-mail]>; Tinklenberg, Chris <[e-mail]>; Dailey,
Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: 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
Taylor,
1

Are you available Monday, February 11 at 1pm to discuss further over the phone?

Thank you,

From: Kiker, Taylor <[e-mail]>
Sent: Friday, February 9, 2024 1:23 PM
To: Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Cc: Pitner, Andrew <[e-mail]>; Tinklenberg, Chris <[e-mail]>
Subject: \[Non-DoD Source\] RE: SAW-2022-02017 Rowan 85 Trade Center/ Rowan County - Request for Additional
Information

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,

Taylor (she/her/hers)
2

Taylor Kiker, PWS
Kimley-Horn | 200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 980 296 0810 | Mobile: [phone]
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the hardcopy shall govern. Only printed copies of such documents conveyed by Kimley-Horn may be relied upon.

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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.

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

Amber Lipsky (she/her)
3

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]

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