20240060 Ver 1_More Info Received - Updated Buffer Impact Totals (Wetland Overlap) _20240405

Baker, Caroline D
From: Perry Isner <[e-mail]>
Sent: Friday, April 5, 2024 9:09 AM
To: Thomas, Zachary T
Cc: Martin, Matthew K CIV (USA); [e-mail]; Garretson Browne
Subject: Re: [Non-DoD Source] Re: [External] Re: Provisional Verification: SAW-2023-02500
(NCRR Industrial / US Hwy 42 Business / Clayton NC / Johnston County)
Attachments: Redgate_NCRRlndustrial_PCNp.5,7- rev. pdf, NCRR - Wetland Drawings-rev.pdf
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Good morning Zach, see attached for the impact exhibits with the buffers revised per our conversation. Also attached is
the updated PCN forms reflecting the buffer changes. The coordinates of the end of Tributary 3 per our site visit on
Wednesday are below. Please don't hesitate to reach out if you have any questions about this information. Thanks,
Tributary 3 endpoint: 35.637824-78.439990
On Mon, Mar 25, 2024 at 5:53 PM Perry Isner <[e-mail]> wrote:
Thanks Zach, we'll work on getting the buffer impacts cleaned up and I'll keep you posted about next Wednesday. We
don't have a picture showing the exact stop point of Tributary 3 but the attached picture is close; the stop point should
be just downstream from this. It's mistakenly referred to as Trib 2 in the photograph but this is very close to where
tributary 3 transitions to wetland.
On Mon, Mar 25, 2024 at 4:36 PM Thomas, Zachary T <[e-mail]> wrote:
Hello Perry,
Thank you for your 3/21/24 response to my RFAI (sent 3/6/24) and for speaking with me this afternoon.
. Items 1, 2, 3b, and 3c have been satisfied.
. Item 3a will need a site visit to address and confirm the stop point of the buffered stream channel.
o Per 15A NCAC 02B .0714 (4): ON -SITE DETERMINATION. When a landowner or other affected party
believes that the maps listed in Sub -Item (3)(a) of this Rule have inaccurately depicted surface waters
or the specific origination point of a stream, or the specific origination point of a stream is in question
or unclear, he or she shall request the Authority to make an on -site determination. On -site
determinations shall be made by Authority staff that are certified pursuant to G.S. 143-214.25A.
Registered Foresters under Chapter 898 of the General Statutes who are employees of the North

Carolina Forest Service of the Department of Agriculture and Consumer Services can make on -site
determinations for forest harvesting operations and practices. On -site determinations shall expire five
years from the date of the determination. Any disputes over on -site determinations shall be referred to
the Director in writing within 60 calendar days of written notification from the Authority. The Director's
determination is subject to review as provided in G.S. 1508.
o As discussed, my next available day for a site visit to confirm the stop point of "Tributary 3" is
4/3/24. Please let me know if you would like to attend and we can schedule a time to meet. Also, if
you have a lat/long of the stop point, any photos, or score sheets to provide for our review, please
send those as well.
• Item 3d & 3e: Callouts have been added to the impact maps, but do not indicate which impact name/totals they
correspond to. Having this information in the call out will ensure clarity and will assist in determining the
amount of possible mitigation overlap that is occurring (i.e. buffer mitigation can be subtracted out for
sections that overlap areas requiring wetland mitigation.) Without specific details in the call out boxes, it is
difficult to determine these exact amounts.
o Once the above -mentioned buffer determination has been completed, please update the added call out
boxes to indicate the buffer impact name (Ex: B1— XX sgft — Zone 1 Permanent, B2 — XX sqft — Zone 2
Temporary, etc.)
o Please provide a total amount of buffer and wetland overlap. This will assist in determining exactly how
much buffer and wetland mitigation will be required from DWR. It may be helpful to include this area
on the impact maps highlighted with a different shading/color.
This application will be considered on hold until a response has been received and the items above have been
resolved.
If you have any questions, please let me know.
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
D- E Q F��`
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: Friday, March 22, 2024 4:29 PM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; [e-mail]
Subject: Re: [Non-DoD Source] Re: [External] Re: Provisional Verification: SAW-2023-02500 (NCRR Industrial / US Hwy
42 Business / Clayton NC / Johnston County)
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Understood Matt, I was referring to guidance we have received in the past from other Corps PM's for this type of
impact.
Let me know if you need me to revise this on the PCN, and apologies for any confusion.
On Fri, Mar 22, 2024 at 2:49 PM Martin, Matthew K CIV (USA) <[e-mail]> wrote:

Perry,
I missed item two in my review. Most show open cut sewer for a project like this as a temporary discharge and note
in the comments that there is a permanent maintenance easement. I don't recall giving any guidance to show it as a
permanent impact.
Thanks,
Matt
From: Perry Isner <[e-mail]>
Sent: Thursday, March 21, 2024 4:12 PM
To: Thomas, Zachary T <[e-mail]>
Cc: [e-mail]; Martin, Matthew K CIV (USA) <[e-mail]>
Subject: [Non-DoD Source] Re: [External] Re: Provisional Verification: SAW-2023-02500 (NCRR Industrial / US Hwy 42
Business / Clayton NC / Johnston County)
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 131000, 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 (132
& 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 DMS.

Please let me know if you have any questions about this information.
On Wed, Mar 6, 2024 at 4:45 PM Thomas, Zachary T <zachary.thomas@deg. nc.gov> 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:
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.

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ARCO WETLAND/STREAM IMPACT PLANS
US HWY 42 BUSINESS
CLAYTON, JOHNSTON COUNTY
DESIGNIBUI LD NORTH CAROLINA C3. a
b. There is some confusion on how the buffer impacts are broken down between Zone 1 and Zone
2. (Ex: Are B1 & B3 for the Trib 1 crossing with B1 being Zone 1 impact amounts and B3 being Zone
2 impact amounts?)
6

6. Buffer Impacts (for oWO)
If projectwill impact a protected riparian buffer, then complete the chart below. If yes, than individually list all buffer impacts
below. If an im acts require m:basin?
tn, then ou MUST fill out Section 0 of this form.
6a. Project is in which protected Q Neuse Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other-
Bb, 6c. 6d. 6e. Sf_ 6g,
Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2
number— mitigation impact impact
Permanen# (Pj or required? (square
(squan
81
P
Culvert I road crossing
Yes
13136
B2
i
Culvert f road crossing
No
3212
B3
P
Culvert! road crobsing
Yes
8808
134
T
Culvert! road crossing
No
2356
85
P
Fill slope
No
3164
B6
P
Fill slope
No
2780
6h, Total Buffer lmpac%s
16348
17108
61. Comments;
Huffer millgalion is proposed only for permanent impacts 81 8 133, as all other impaotS are either deamed
allowable 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.
M
e. Your PCN indicates in Section 3c that an "SOA is forthcoming for additional credit needs..". Pending
M 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.
M
If you have any questions or would like to set up a call to discuss, please let me know.
Thank you,
NZach 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
Emoil correspondence to and from this address is subject to the North Carolina Public Records Low
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
s

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
e::5�D— E
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
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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,
10

Matthew K. Martin, PWS
M'
Regulatory Specialist
M'
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
M
Wetlands & Waters, Inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
perryisner(c�wetlands-waters.com
11

The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the
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Perry Isner
Wetlands & Waters, Inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
perryisner(o-)-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
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Perry Isner
Wetlands & Waters, Inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
perryisner(a�wetlands-waters.com
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
perryisner(a�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
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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
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.
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