HomeMy WebLinkAbout20240060 Ver 1_More Info Requested_20240424Baker, Caroline D
From: Thomas, Zachary T
Sent: Wednesday, April 24, 2024 3:16 PM
To: Perry Isner
Cc: Martin, Matthew K CIV (USA); thaver@ncrr.com; 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, NCRR -
Wetland Drawings3.pdf
Hi Perry,
Thanks for speaking with me this morning about the updates to this project.
As discussed, it appears the most recently provided impact maps were updated to show the buffer amounts that do not
overlap the wetland impacts.
Since I will need to still document all buffer impact amounts in the letter and only take out the overlap portion for the
buffer mitigation calculation, can you please confirm the following numbers are correct based off the two sets of
drawings and PCN tables?:
Impact Name
Buffer Impact (SF)
Wetland Overlap (SF)
Non -Overlapping Buffer Impact (SF)
Buffer Mitigation Regi
B1(Zone 1)
13136
4538
3598
25794
B3(Zone 2)
3308
633
3170
12255
This will require a buffer mitigation total of 38,049 credits. Per your updated SOAs, I will write up my MRT Forms to
indicate 5,876 credits from EBX and the remaining 32,173 credits from DMS.
Additionally, your original submittal has two SOAs for the required wetland impacts (Clearwater & EBX). Please let me
know which bank you would prefer to use for DWR's 0.40 acres wetland credits requirement and I will write the MRT
Form accordingly.
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: (919) 791-4255
zachary.thomas@deg.nc.gov
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
4��7D E C0
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 <perryisner@wetlands-waters.com>
Sent: Friday, April 5, 2024 9:09 AM
To: Thomas, Zachary T <zachary.thomas@deq.nc.gov>
Cc: Martin, Matthew K CIV (USA) <Matthew.K.Marti n@usace.army.mil>; thaver@ncrr.com; Garretson Browne
<garretson.browne@redgate-re.com>
Subject: Re: [Non-DoD Source] Re: [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
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Good morning Zach, see attached forth e 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 <perryisner _ wetlands-waters.com> 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 <zachary.thomas(cbdeq.nc.gov> 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.
9 Item 3a will need a site visit to address and confirm the stop point of the buffered stream channel.
o Per 15A NCAC 0213.0714 (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
I
Environmental Program Consultant, Division of Water Resources
I
North Carolina Department of Environmental Quality
Office: (919) 791-4255
zachary.thomas@deq.nc.gov
Raleigh Regional Office
1
1628 Mail Service Center
I 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 <perryisner@wetlands-waters.com>
Sent: Friday, March 22, 2024 4:29 PM
To: Martin, Matthew K CIV (USA) <Matthew.K.Martin@usace.army.mil>
Cc: Thomas, Zachary T <zachary.thomas@deq.nc.gov>; thaver@ncrr.com
Subject: Re: [Non-DoD Source] Re: [External] Re: Provisional Verification: SAW-2023-02500 (NCRR Industrial / US Hwy
42 Business / Clayton NC / Johnston County)
You don't often get email from perryisner@wetlands-waters.com. Learn why this is important
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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.
4
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) <Matthew.K.Martin(a)usace.army.mil>
I 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 <perryisner _ wetlands-waters.com>
Sent: Thursday, March 21, 2024 4:12 PM
To: Thomas, Zachary T <zachary.thomas(a)deq.nc.gov>
Cc: thaver _ ncrr.com; Martin, Matthew K CIV (USA) <Matthew.K.Martin(cbusace.army.mil>
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, thankyou.
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.
9
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 (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(a-)deq.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:
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.
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ARCO WETLAND/STREAM IMPACT PLANS
US HWY 42 BUSINESS
CLAYTON, JOHNSTON COUNTY
DESIGN/BUILD NORTH CAROLINA
C3.o
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. Buffer Impacts (for DWO)
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 farm.
6a. Project is in which protected Q Neuse Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other-
6b, 6c. 6d. 5e. 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.
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.
M
Thankyou,
Zach Thomas
8
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (919) 791-4255
zachary.thomas@deq.nc.gov
Raleigh Regional Office
N 1628 Mail Service Center
Raleigh, NC 27699-1628
DBE QF�
�41�
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 <perryisner _ wetlands-waters.com>; Martin, Matthew K CIV (USA)
<Matthew.K.MartinCcbusace.army.mil>
Cc: thaver _ ncrr.com
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)
9
Thankyou,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (919) 791-4255
zachary.thomas(@deq.nc.gov
Raleigh Regional Office
I
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 <perryisner _ wetlands-waters.com>
Sent: Thursday, February 29, 2024 1:06 PM
To: Martin, Matthew K CIV (USA) <Matthew.K.Martin(a-)usace.army.mil>
Cc: thaver _ ncrr.com; Thomas, Zachary T <zachary.thomasC«)deq.nc.gov>
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.
Thankyou Matt!
10
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) <Matthew.K.Martin(&usace.army.mil>
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.
11
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 (984) 800-3741, or by email at
matthew.k.martin(�busace.army.mil.
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: (984) 800-3741
Email: matthew.k.martin(a-)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 andpastingthe following link into your web browser:
https://re- uq latory.ops.usace.army.mil/customer-service-surveY1. Thank you for taking the time to visit this
site and complete the survey.
12
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
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immediately notify us by return email or telephone if the sender's phone number is listed above, then promptly and permanently delete
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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
13
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 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
I
I
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.
14
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
15
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.
16