20240060 Ver 1_More Info Received - Response to USACE RFAI _20240213

Baker, Caroline D
From:
Perry Isner <[e-mail]>
Sent:
Tuesday, February 13, 2024 1:40 PM
To:
Martin, Matthew K CIV (USA)
Cc:
[e-mail]; Thomas, Zachary T
Subject:
[External] Re: Request for Additional Information: SAW-2023-02500 (NCRR Industrial /
US Hwy 42 Business / Clayton NC / Johnston County)
Attachments:
Wetlands & Water - Consultant Authorization.pdf
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Good afternoon Matt, hope you are well. Below are responses to your request for additional information. Please let me
know if you have any questions about the provided information.
1. The Red -Cockaded Woodpecker (RCW) requires old, living pine trees to excavate roosts and nest
cavities; additionally, suitable nesting habitat for the RCW include pine stands with a low or sparse understory and
ample old -growth pines. The site does not contain potentially suitable habitat for the Red -cockaded Woodpecker as the
age of the existing pine stands on site are relatively young (<30 years), with a dense understory. The NC NHP report
indicates no known occurrences of the RCW within a one -mile radius of the project area.
Approximately 2500' downstream of the project area is an existing impoundment of the continuation of Tributary 1;
according to a review of historic aerial images, this impoundment has been present since at least 1957. Given the size
and longevity of this offsite impounding structure, it would act as a significant barrier to aquatic life passage. As such, it
is our assessment that the headwater tributaries on site have been effectively cut off from the biological community of
the downstream receiving waters, and therefore do not constitute potentially suitable habitat for any of the protected
aquatic species known to occur in this region. The NC NHP report indicates no known occurrences of any of the
protected aquatic species known to occur in this region within a one -mile radius of the project area.
2. From the project engineer: "The site was designed to minimize long term impacts to the wetlands and streams to the
maximum extent practicable. The site was designed with 3:1 slopes. Greater than 3:1 slopes on site would lead to
potential erosion and sedimentation issues into the wetlands and streams. The minimum width for safe movement of fire
trucks and other necessary vehicles were done on sides bordering wetlands. The use of retaining walls near impacts are
not feasible due to proximity to building footings and storm structures within the roadway. The walls would need to be
more of a financial burden due to these factors. The site was graded to minimize the amount of ponds and uncontained
flows into the wetlands and streams. This included raising the site above high groundwater and other soil factors to
properly convey all impervious areas to ponds on site. With this design, no undetained impervious areas enter wetlands
or streams on site. The buildings on site are designed and sized to make the site financially feasible. Reduction in building
footprint, parking, and associated infrastructure, reduces the marketability of the site and reduces the likelihood of the
project being buildable."
3. See attached agent authorization.
On Mon, Jan 22, 2024 at 4:01 PM Martin, Matthew K CIV (USA) <[e-mail]> wrote:
Perry,
Good morning, my name is Matt Martin and I have been assigned as the project manager for your project. Thank you for
your PCN, dated December 22nd, 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. Per General Condition 18, no activity is authorized under any NWP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly
destroy or adversely modify designated critical habitat or critical habitat proposed for such designation.
a. To verify compliance with Section 7 of the Endangered Species Act please include a discussion of habitat
for federally listed species shown on your IPaC. For aquatic species listed on the site a Suitable Habitat
Assessment should be conducted, including qualifying descriptions with measurements and
photographs provided to USACE.
2. Per General Condition 23 (a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at
the project site (i.e., on site).
a. Please directly address how general 23(a) has been met at impact sites 2 and 4. If further avoidance and
minimization is not practicable, please provide justification for the size of this building and explain how
avoiding or minimizing is not practicable.
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: [e-mail]
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Perry Isner
Wetlands & Waters, Inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
perryisner(c�wetlands-waters.com
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