20170130 Ver 1_Corps of Engineer Correspondence_20170303

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-02504 County: Davidson U.S.G.S. Quad: NC -Lexington West and Southmont
INCOMPLETE APPLICATION
Property Owner: Davidson County
Attn: Mr. Zeb Hanner, County Manager
Address: Post Office Box 1067
Lexington, North Carolina 27293
Location/Description of Proposed Activity: The proposed project involves the installation of sewer
infrastructure, including gravity lines and a pump station with a permanent access road, within the proposed
1-85 Business Park and the installation of a sewer forcemain that connects this proposed pump station to an
existing pump station north of I-85. The project corridor is located east and south of Green Needles, North
Carolina. The project would impact Swearing Creel, North Potts Creels, the Yadkin River, along with some
of their unnamed tributaries and adjacent wetlands in the Yadkin -Pee Dee River Basin. Latitude 35.7630,
Longitude -80.3098.
This proposed protect is for the permanent and temporary discharge of clean fill material associated with the
installation of new sewer infrastructure to service the proposed 1-85 Business Parts. Specifically, your protect
would impact a total of 1.04 acres. This includes the temporary impacts to 0.65 acre and permanent impacts
(conversion) to 0.39 acre to 15 separate wetland systems. In addition, the proposed project would impact a
total of 584 linear feet of stream channel through 541 linear feet of temporary impacts and the permanent loss
of 43 linear feet of stream associated with the permanent access road construction.
Type of Permit Applied For (check one): IP ❑ NWP ® GP ❑
Applicable law: Section 404 of the Clean Water Act®; Section 10, Rivers and Harbor Act ❑
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
❑ Your application form has not been completed and/or signed (see remarks)
® Under the conditions of the Nationwide Permit, mitigation is required for your project. The mitigation
proposal submitted with your application is insufficient. (see remarks.)
❑ Your application did not include a statement explaining how avoidance and minimization for losses of waters
of the U.S. were achieved on the project site. (see remarks)
❑ Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
❑ Your application did not include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows, and riffle and pool complexes, as required.
❑ You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your WRC
representative)
® Other (see remarks below).
REMARKS:
1. A review of the proposed project contained within your application indicates that this is a component
of the proposed I-85 Business Park. Your application further states that another consulting firm
evaluated the proposed business park and determined that no additional Department of the Army
(DA) permits subject to our regulatory authority pursuant to Section 404 of the Clean Water Act
would be required. This information must be provided in order for us to determine your eligibility
for nationwide permit authorization for the requested project, as the total loss associated with
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permanent impacts in conjunction with the development of the I-85 Business Park can't exceed 300
linear feet of stream channel mid/or 0.5 acre of loss of waters of the US, to include wetlands. Please
provide all plans associated with the 1-85 Business Park so that we may be able to determine whether
the project is eligible for nationwide permit authorization or will require a DA individual permit.
2. In addition, your present proposal doesn't include mitigation for the proposed impacts. Regional
Permit Condition 4.1.8 requires the submittal of a plan to restore and re -vegetate wetland areas
cleared for construction must be submitted with the PCN. Cleared wetland areas shall be re -
vegetated to the maximum extent practicable with native species of canopy, shrub and herbaceous
species. Fescue grass shall not be used. Please include the plan with your resubmittal.
3. Regional Condition 4.1.9 requires that for purposes of this NWP, any permanently maintained
corridor along the utility ROW within forested wetlands shall be considered a permanent impact and
a compensatory mitigation plan will be required for all such impacts associated with the required
activity. Your resubmittal needs to provide an adequate amount of compensatory mitigation in order
to comply with the nationwide permit conditions.
Please submit the above information within 30 (lays of receipt of this Notification m- we will
consider your application withdrawn and close the file. Please call or email
(Jean.B.Gibby(a esnce.m-iay.nut) me if you have any questions.
Date: February 24, 2017
Corps Regulatory Official: Jean B. Gibb v Telephone No: [phone]. Ext. 24
Copy furnished:
Mr. Chris Hopper
Carolina Ecosystems, Inc.
3040 NC Hwy 42 W
Clayton, North Carolina 27520
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Resources
450 W. Hanes Mill Road, Suite 300
Winston Salem, NC 27105
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