20170173 Ver 1_Response to USACE_20170317

Burdette, Jennifer a
From: Richmond, Martin <mrich [e-mail]>
Sent: Friday, March 17, 2017 3:42 PM
To: Williams, Andrew E CIV USARMY CESAW (US); [e-mail]
Cc: Burdette, Jennifer a
Subject: RE: US Army Corps of Engineers SAW -2017-00377 Sanford Industrial Park Gravity
Sewer INCOMPLETE NOTIFICATION
Attachments: Incomplete Application Response_3.17.2017.pdf
Andy,
Please find attached our response to the incomplete application notice 3/10/2017. We will send hard copy via
US mail next week.
I hope we have adequately addressed all issues presented in the notice, as we would like to move forward in
timely manner.
Please let me know if you have further questions.
I appreciate your help with this,
Martin
-----Original Message -----
From: Williams, Andrew E CIV USARMY CESAW (US) [mailto:[e-mail]]
Sent: Friday, March 10, 2017 2:51 PM
To: [e-mail]; Richmond, Martin <mrich mond @withersravenel.com>
Cc: Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]>;
[e-mail]
Subject: US Army Corps of Engineers SAW -2017-00377 Sanford Industrial Park Gravity Sewer INCOMPLETE
NOTIFICATION
Mr. Hegwer/Mr. Richmond:
Please see the attached incomplete notification for the proposed Sanford Industrial Park sewerline project.
Please contact me if you have any questions. Thanks.
Andrew Williams
Regulatory Project Manager
U.S. Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884 ex. 26
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
1

US Army Corps of Engineers
Raleigh Regulatory Field Office
Mr.AndyWilliams
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
Re: Sanford Industrial Park Gravity Sewer - Sanford, Lee County (AID: SAW -2017-00377)
Response to USACE 3/10/2017 Incomplete Application Notice for Sanford Industrial Park
Gravity Sewer - NWP 12 PCN Submittal 2/9/2017
WR Project#02140471.20
Mr. Williams,
This transmittal is provided in response to the Incomplete Application notice (SAW -2017-00377),
issued March 10, 2017 to the City of Sanford, regarding the PCN submittal detailing temporary
impacts associated with construction of a sanitary sewer collection system. The responses to the
items addressed in the Incomplete Application Notice are as follows:
1. Currently, we do not have sufficient information to determine if this project is eligible for a
Nationwide Permit #12. The nationwide permit general condition #28 states, "The use of more
than one NWP for a single and complete project is prohibited, except when the acreage loss of
waters of the United States authorized by the NWPs does not exceed the acreage limit of the
NWP with the highest specified acreage limit". Our records indicate there are several additional
US Army Corps of Engineers Nationwide permit actions that exists within the area generally
described as the Sanford Industrial Park (see the attached map). Specifically, The Corps
authorized 456 linear feet of permanent perennial stream impacts, 369 linear feet of permanent
intermittent stream impacts and 234 linear feet of temporary intermittent stream impacts
utilizing six After -the -Fact NWP 14s and one After -the -Fact NWP 18 (Corps Action ID SAW -
2006 -20332). Additionally, in a letter dated December 6, 2007 from Mr. Jason Payne with Soil
and Environmental Consultants, PA, Mr. Payne states that prospective buyers should be made
of aware that any future impacts to important jurisdictional streams would require an individual
permit for the project, due to the cumulative loss of waters associated with the service road and
the project as a whole (attached for your review).
Regarding the use of NWP 12 for this project, in the Nationwide Permit Definitions section, under
the definition of Loss of Waters of the United States, it states "Waters of the United States temporarily
filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after
115 MacKenan Drive I Cary, NC 27511
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construction, are not included in the measurement of loss of waters of the United States." Based on this
definition, the proposed temporary impacts from the construction of the sewer collection system
do not cumulatively apply towards the permanent loss of Waters of the US. We contend the use of
NWP 12 for this project is not prohibited, as there is no loss of waters of the US, and no exceedance
of any limits specified in any NWP.
Also, please consider the fact that if this project did not involve the removal of potential northern
long-eared bat (NLEB) habitat, the proposed temporary impacts would be considered non -
notifying. The Pre -Construction Notification was submitted requesting usage of the NWP 12 due
to the proposed activity being the construction of utility lines, and to provide the USACE with a
mechanism for consultation with the US Fish & Wildlife Service regarding NLEB habitat.
Additionally,
For non-linear projects, the term "single and complete project" is defined at 33 CFR 330.2(1) as
the total project proposed or accomplished by one owner/developer or partnership or other
association of owners/developers. A single and complete non-linear project must have
independent utility. Single and complete non-linear projects may not be "piecemealed" to avoid
the limits in an NWP authorization. A project is considered to have independent utility if it would
be constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
The proposed utility I ine is being constructed to provide service to any entity wanting access to the
utility, regardless of affiliation (or non -affiliation) with the Sanford Industrial Park. This project,
funded by the City of Sanford (not the Sanford Industrial Park) is not dependent in any way with
specific prospective development, but rather is being undertaken to expand an existing service to
an area not currently being serviced.
Also, regarding "single and complete non-linear projects may not be `piecemealed' to avoid the
limits in a NWP authorization"; as stated prior, the proposed temporary impacts do not
cumulatively apply to limits in a NWP authorization. There is no effort to avoid the limits of any
NWP associated with this project.
Additionally,
Based on the information you provided in the pre -construction notification, and information in
our records, the proposed sewerline extension appears to be a component of a non-linear single
and complete project, the Sanford Industrial Park. As such, please provide any additional
information that you may have to assist us in making an accurate determination regarding the
proposed sewerline extension. Specifically, please indicate if the proposed line is sized to
accommodate additional customers other than those located within the industrial park and if
there will be opportunities for other entities to utilize the proposed sewer line extension. Also,
please provide any other information you believe may be pertinent to our decision.
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The proposed project consists of the expansion of the City of Sanford's wastewater collection
system in order to provide sanitary sewer service to an area not currently provided these services.
One potential entity to be serviced will be the Sanford Industrial Park, but the sewer line has been
designed for additional capacity in order to serve future development along the alignment. Based
on the NCDEQ Minimum Design Criteria for the Permitting of Gravity Sewers, wastewater collection
systems shall be designed half full at average daily flow. The potential Sanford Industrial Park
development will require approximately 25% of the capacity of the proposed sewer line, with an
available capacity to service approximately 500 additional acres. This was determined using the
wastewater design flow rates per 15A NCAC 02T.0114 for non-residential developments, where
the types of use and occupancy are not known, and shall be designed at a minimum of 880 gallons
per acre.
We also contend that the proposed project is a single and complete "linear project". The Nationwide
Permit Definitions define a "Single and complete linear project" as "a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which involves
multiple crossings of one or more waterbodies at separate and distant locations. The term "single and
complete project" is defined as that portion of the total linear project proposed or accomplished by one
owner/developer or partnership or other association of owners/developers that includes all crossings of a
single water of the United States (i.e., a single waterbod y) at a specific location. For linear projects crossing
a single or multiple waterbodies several times at separate and distant locations, each crossing is considered
a single and complete project for purposes of NWP authorization".
The proposed project consists of the City of Sanford (one owner/entity) expanding the municipal
wastewater collection system (the service) from the existing force main (the origin) to the Sanford
Industrial Park and the surrounding rea (the terminus). Furthermore, each stream crossing
resulting in temporary stream impacts is considered its own "single and complete" project.
Therefore, the proposed project explicitly complies with the definition of a "single and complete
linear project".
The expansion of any municipal service system (i.e. sewer, water, re -use water, etc) requires a
catalyst for the expansion, which is always a development/entity (i.e. the Sanford Industrial Park)
which has a need for such services. A development/entity in need of municipal services is required
for a municipality to expend the costs for such expansions. This immediate need is required to meet
"purpose and need" justifying wetland and stream impacts, as required by the Corps of Engineers to
issue permits authorizing impacts for construction of these expansions. As we are all aware, the
Corps of Engineers will not authorize impacts for"utility lines to nowhere". The NWP 12 is intended
for this specific situation, which is to allow for the expansion of municipal utility lines, without the
impacts being considered cumulative with the potential (and future) customers they are serving.
2. Please provide additional information regarding crossings #2, #6 and #7. Specifically, since
these are aerial crossing, please specify the proposed impacts and the reasons they cannot be
avoided.
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The proposed impacts at the aerial crossings (Impacts #2, #6, and #7) are requested on an as -
needed basis. The intent is to install the aerial crossings with no impacts, thereby requiring no
restoration. However, these temporary impact areas are topographically constrained, and
construction may require temporary impact to the waters of the US. At a minimum, the contractor
will need to cross these streams with equipment during construction using temporary bridges,
which could potentially result in unintended disturbance to these streams. As such, these impacts
were requested in order to avoid a potential violation or potential modification of the approval at a
later date.
3. Please provide a latitude and longitude coordinates for each proposed crossing in decimal
degrees (i.e. 35.55689,-79.15774).
The following are the latitude and longitude coordinates for each proposed crossing:
Sanford
Industrial Park Gravity Sewer
Impact
Latitude
Longitude
Impact #1
35.55791860800
-79.16387591760
Impact #2
35.55942994460
-79.15843301150
Impact #3
35.55365106110
-79.16783516570
Impact #4
35.55336472710
-79.16746817640
Impact #5
35.55381253300
-79.16473227640
Impact #6
35.55639101560
-79.15923583110
Impact #7
35.55742510260
-79.15721594440
Impact #8
35.56401874530
-79.14979363750
Impact #9
35.55309448740
-79.17130980230
In summary, thank you for your consideration of this additional information in the review of the
pending application. we hope this response addresses all concerns related to the permitting
requirements for the proposed utility line and the use of the NWP 12 for this project. If you have
questions, or need additional information, please feel free to contact me at [phone] or
[e-mail]
Sincerely,
Martin Richmond
Environmental Scientist
WithersRavenel
cc: Hal Helwig, City of Sanford
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