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HomeMy WebLinkAbout20240060 Ver 1_More Info Received - Applicant Update_20240220Baker, Caroline D From: Perry Isner <perryisner@wetlands-waters.com> Sent: Tuesday, February 20, 2024 5:20 PM To: Martin, Matthew K CIV (USA) Cc: garretson.browne@redgate-re.com; Thomas, Zachary T Subject: [External] Re: [Non-DoD Source] Re: Request for Additional Information: SAW-2023-02500 (NCRR Industrial / US Hwy 42 Business / Clayton NC / Johnston County) Attachments: NCRRI ndustrial_PCN p 1 &2.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. Good afternoon Matthew, hope you are well. After discussion with Garretson at Redgate it was determined that the applicant will be NCRR rather than Redgate; see statement from him below: "With respect to the Agent Authorization and Redgate's involvement in the project. Redgate has been hired by NCRR to be their Development Manager for this project, leading all consultant and contractor teams through the design, permitting, construction, lease up, and stabilization phases. Redgate has no ownership in the deal, property, or any aspect of the project. Ultimately, NCRR will continue to own and operate this development at completion. For all Town of Clayton related permits, the permit holder is NCRR, with NCRR issuing payments for the various fees as required." As such I have updated the PCN accordingly, and the revised pages 1&2 are attached here. Please let me know if you have any questions. Thanks, On Wed, Feb 14, 2024 at 11:48 AM Martin, Matthew K CIV (USA) <Matthew.K.Martin@usace.army.mil> wrote: Perry, Thank you for the reply and the additional information. Within 15 days please include the following requested information. • Agent authorization form for the applicant that your firm is representing (Redgate). The previously provided form is for the landowner. 4. Applicant Information (if clW%rwd from owner) 40. Applicant is: ❑ Agent © O6w, spedy: Developer 4b. Name: Gametwn Browne 40 Business name f a Ibag : Redgate 4d. Streetaddress: 223 S. West Street Suite 900 4e. City, state, zip: Raleigh, NC 27603 4f. Telephone no.: 919.819A427 49. Fax no, rds 4h. Email address: gamMsbn.bruwne@redgete-re.00m 3. AgeriVConsultant lMmmatl—(if applicabta( 58. Neme: Perry Isner 5b. Businessblename da Ilca: WeOends8 Waters, Inc. 5c. Street address: 328 East Broad Sheet Suite D 5d. City, slate, zip: Statesville, NC 28877 5e. Telephone no.: 704.773.4239 51. Faz no.: n/a 59. Email address: perrylsner@wetlands--atem.com Thank you, 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: (984) 800-3741 Email: matthew.k.martin@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: https://re_ uq latory.ops.usace.army.mil/customer-service-surveyl. Thank you for taking the time to visit this site and complete the survey. From: Perry Isner <perryisner@wetlands-waters.com> Sent: Tuesday, February 13, 2024 1:40 PM To: Martin, Matthew K CIV (USA) <Matthew.K.Martin@usace.army.mil> Cc: garretson.browne@redgate-re.com; Thomas, Zachary T <zachary.thomas@deg. nc.gov> Subject: [Non-DoD Source] Re: Request for Additional Information: SAW-2023-02500 (NCRR Industrial / US Hwy 42 Business / Clayton NC / Johnston County) 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) <Matthew.K.Martin@usace.army.mil> 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 (matthew.k.martin@usace.army.mil) 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: (984) 800-3741 Email: matthew.k.martin@usace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: https:Hregulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. Perry Isner Wetlands & Waters, Inc. 328 East Broad St. Suite D Statesville, NC 28677 704.773.4239 perryisner(c�wetlands-waters.com 0 The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for your cooperation and consideration. Perry Isner Wetlands & Waters, Inc. 328 East Broad St. Suite D Statesville, NC 28677 704.773.4239 perryisnerCa)-wetlands-waters.com 0 The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for your cooperation and consideration.