20240060 Ver 1_More Info Received - Response to DWR 3-6-24 RFAI_20240321

Baker, Caroline D
From:
Perry Isner <[e-mail]>
Sent:
Thursday, March 21, 2024 4:12 PM
To:
Thomas, Zachary T
Cc:
[e-mail]; Martin, Matthew K CIV (USA)
Subject:
Re: [External] Re: Provisional Verification: SAW-2023-02500 (NCRR Industrial / US Hwy
42 Business / Clayton NC / Johnston County)
Attachments:
NCRR - Wetland Drawings3.pdf, Clayton DetDelineationSketch_05-22-2023.pdf; Buffer
SOA - NCRR Industrial - updated.pdf, NCRR Industrial DMS Buffer Acceptance.pdf
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Good afternoon Zach, hope you are doing well. Below are responses to your additional information requests:
1. Noted, thank you.
2. Yes, this is a permanent conversion impact for installation of an open -cut sanitary sewer. The impact to the wetland
itself is temporary in nature, but due to the nature of permanent conversion of a forested wetland we have been
advised by the Corps to consider these impacts permanent on the PCN.
a) No, an official buffer determination has not been performed. The feature in question loses bed and bank features as
it transitions into Wetland B1000, and therefore there are no buffer impacts associated with this sanitary sewer
connection. See attached delineation sketch.
b) Yes, that is correct; B1 & B3 are for the Tributary 1 crossings, with B1 being for Zone 1 and B3 being for Zone 2 (B2 &
B4 are for temporary construction access only).
c) A table of the buffer impacts was provided on Sheet C0.0 of the impact exhibits (page 11 of the total application). Let
me know if further clarification is needed.
d) Additional callouts have been added to the attached revised impact exhibits.
e) An updated SOA is attached, as well as an agreement letter from NC DIMS.
Please let me know if you have any questions about this information.
On Wed, Mar 6, 2024 at 4:45 PM Thomas, Zachary T <[e-mail]> wrote:
Hello,
I have reviewed the submitted application for the NCRR Industrial Project (DWR# 20240060) and require additional
information before I can continue.
This application will be considered "on hold" until DWR receives a complete response to the items below. Please
provide a response within 30 days:

1. 1 have updated our records to indicate NCRR Industrial as the permittee per your email received 2/20/2024.
2. Wetland Impacts:
a. Impact W1— is this also a conversion wetland impact? The PCN indicates W1 as a permanent impact and
the impact map indicates its temporary. Please confirm if this is a permanent impact.
3. Buffer Impact Items:
a. Has an official buffer determination been performed on this parcel? It appears that all mapped features
are being treated as subject to the Neuse Buffer Rule, however there is a feature depicted on the Soil
Survey near the Western portion of the parcel (closest to US 70) that is not shown on the C3 impact
map. It is difficult to determine if the proposed FM line will impact this feature and/or associated
buffer.
lik
LOD —iOD --t00^{DD
xo� / FM ----- -i,, ---- --LOD —tan —ioD
�p4 F•g �/ 'OD —LODWD`rr _____ f
LODE L66�
loD�LOD_
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/vd �
F�
IleIle
�FlA /4
ARCO WETLAND/STREAM IMPACT PLANS
US HWY 42 BUSINESS
CLAYTON, JOHNSTON COUNTY
DESIGNIBUILD NORTH CAROLINA
C3.0

b. There is some confusion on how the buffer impacts are broken down between Zone 1 and Zone 2. (Ex:
Are 131 & 133 for the Trib 1 crossing with 131 being Zone 1 impact amounts and 133 being Zone 2 impact
amounts?)
6. Buffer Impacts (for OWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, than individuaN list all buffer impacts
below. If an impacts require mitt atfon, then ou MUST fill out Section 0 of this form.
6a. Project is in which protected basin? Q Neuse Tar -Pamlico ❑Catawba ❑Randleman ❑ Other
6b. 6c. 6d. 5e. W, 69,
Buffer Impact Reason for impact Stream name Buffer Zane 1 Zone 2
number — mitigation impact impact
P
Permanent (j or required? (square
(square
131
P
Cuivertf road crossing
Yes
13136
132
i
Culvert f road crossing
No
3212
B3
P
Culvert 7 road crobsing
Yes
8808
Bd
T
Culvert! road Gmsing
No
2356
135
P
Fill slope
No
3164
B6
P
Fill slope
No
sh. Total Buffer Impacts:
l634a
E17
8i- COmments:
Buffer millgalion is proposed only for pem anont impacts 81 8 133, as all other impacts are either deemed
ailawable or allowable
upon authorizatlon-
c. Please provide a table that clearly indicates the square footage amounts separated for each impact:
Zone 1 Permanent, Zone 1 Temporary, Zone 2 Permanent, and Zone 2 temporary. This will help ensure
that the buffer authorization and mitigation amount is accurate.
d. Please add additional "call out boxes" to impact map C5, C6, and C7 to better indicate the specific
locations of impacts 131, 132, 133, 134, 135, and 136.
e. Your PCN indicates in Section 3c that an "SOA is forthcoming for additional credit needs..". Pending the
answers to the above, please provide either an updated SOA to cover the full amount of required
buffer mitigation or an additional SOA for the remaining amount. Currently, the required amount is
52,620 credits per the PCN. The provided SOA states 25,155 credits are needed for the project and
2,981.3 credits are available.
If you have any questions or would like to set up a call to discuss, please let me know.
Thank you,
3

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
"DE
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Thomas, Zachary T
Sent: Thursday, February 29, 2024 1:24 PM
To: Perry Isner <[e-mail]>; Martin, Matthew K CIV (USA)
<[e-mail]>
Cc: [e-mail]
Subject: RE: [External] Re: Provisional Verification: SAW-2023-02500 (NCRR Industrial / US Hwy 42 Business / Clayton
NC / Johnston County)
Hi Perry,
This one is up next on my list. I will reach out if any questions come up during my review.
(DWR# 20240060)

Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Perry Isner <[e-mail]>
Sent: Thursday, February 29, 2024 1:06 PM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: [e-mail]; Thomas, Zachary T <[e-mail]>
Subject: [External] Re: Provisional Verification: SAW-2023-02500 (NCRR Industrial / US Hwy 42 Business / Clayton NC /
Johnston County)
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.
Thank you Matt!

Zachary, do you have any update on the 401 review? Thanks in advance.
On Thu, Feb 29, 2024 at 11:03 AM Martin, Matthew K CIV (USA) <[e-mail]> wrote:
Dear Patricia Haver,
This correspondence is in response to a Pre -Construction Notification (PCN) received on December 22, 2023, and
considered complete on February 22, 2024. In submitting the PCN, you requested verification that the proposed
project is authorized by a Department of the Army (DA) Nationwide Permit (NWP).
The work affecting waters of the United States is part of an overall project known as the NCRR Industrial. The
activities in waters of the United States include the permanent discharge of fill material into 0.46 acre of wetland
waters, the temporary discharge of dredged material into 0.05 acre of wetland waters, and the permanent
discharge of fill material into 0.23 acre (200 linear feet) of non -wetland waters, of this 0.018 acre is considered a
loss and 0.004 acre is considered not a loss. Additionally, the project included the temporary discharge of fill
material into 0.0045 acre (40 linear feet) of non -wetland waters. The project is located directly east of NC-42 East
and US Highway 70 Business interchange, at parcel number 166808-78-6185 in Johnston County, North Carolina.
This letter is a provisional notification that your proposed project has been reviewed under NWP 39. In accordance
with 40 CFR Part 121 (401 Rule), the Corps cannot take final action on the NWP verification request until the
procedures outlined in the 401 Rule for an individual Water Quality Certificate (WQC) have been completed.
Specifically, a Department of the Army (DA) permit or verification cannot be issued until a Section 401 WQC has been
either issued, waived, or denied, and the neighboring jurisdiction review process described in 40 CFR 121 has been
successfully completed.
Conditions of the Individual Section 401 WQC will generally become conditions of any final NWP verification letter.
Should state action on the required WQC approve a project different from that shown on the current application, a
modification to the PCN will be required. You should notify our office of any such changes as substantial changes may
require further evaluation.
As stated above, this is a provisional notification. This letter does NOT provide Department of the Army (DA)
authorization. You are cautioned that commencement of the proposed activity(ies) requested prior to receiving a
written DA authorization would constitute a violation of Federal law and subject you to further enforcement action.
Receipt of a certification from the state (e.g., NC Division of Water Resources and/or NC Division of Marine Fisheries)
does not preclude the requirement for obtaining DA authorization (e.g., an NWP verification letter) prior to
commencing the work.

In all future correspondence, please refer to file number SAW-2023-02500. This correspondence has also been copied
to State and/or Federal agencies for their information. If you have any questions, please contact Matthew K. Martin at
[phone], or by email at [e-mail].
Sincerely,
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]
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.
Perry Isner
Wetlands & Waters, Inc.
328 East Broad St. Suite D
Statesville, NC 28677

704.773.4239
perryisner(a�wetlands-waters.com
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Thank you for your cooperation and consideration.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
Perry Isner
Wetlands & Waters, Inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
perryisner(a�wetlands-waters.com
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The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual
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