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HomeMy WebLinkAbout20181117 Ver 1_More Info Recieved_20181003U.S. ARMY CORPS OF ENGENEERS WILMINGTON DISTRICT Action Id. SAW -2018-01619 County: NASH U.S.G.S. Quad: NC -RED OAK GENERAL PERMIT (REGIONAL ANIS NATIONWIDE) VERIFICATION Applicant: Nash County Public Utilities Mr. Mike Phillips Address: 120 W. Washington Street,.Suite 2004 . Nashville, North Carolina 27856 Authorized Agent: The:Wooten Company Mr. Peter Galan Address: 120,N. Boylan Avenue Raleigh, North Carolina 27603 Size (miles) 51.6 miles Nearest Town Rocky Mount Nearest Waterway Pig Basket Creek River Basin Tar River USGS HUC 03020101 CoordinatesLatitude: 36.038317 Longitude: -77.90626 Description of project location: The project area is identified an approximate 272,595 -foot (51.6 miles) corridor that runs through Nashville, Red Oak, and Rocky Mount, in Nash County, North Carolina. Work in waters of the United States (U.S.) would occur in streams within the Pig Basket Creek, Stonv Creek, Hornbeam Branch, and Flat Rock Branch watersheds; all tributaries of the Tar River (03020101) The U.S. Army Corps of Engineers (Corps) has analyzed the proposed utility line project to determine if the proposed, discharges of dredged and/or fill material into waters of the U.S. are single and complete. The Corps has made the determination that the overall 'utility line project involves 31 single and complete project areas•as outlined in the enclosed Table 1 Description of projects area and activity: The applicant, Nash County Public Utilities, has requested a Department of the Arm authorization to discharge fill material into waters of the U.S. in conjunction with the construction of the Northern Nash Water System. Project activity will involve the installation of 275,000 feet of 2=inch diameter, 3 -inch diameter, 4 -inch diameter, 6 -inch diameter, 8 -inch diameter, and 12 -inch diameter water lines. More specifically, the project will involve the installation of 24,355 feet of 2 -inch diameter water line, 400 feet of 3 -inch diameter water line, 100,890 feet of 4 -inch diameter water line, 85,860 feet of 6 -inch diameter water line ' 31 870 feet of 8 -inch diameter water line' and 29,220 feet of 12 -inch diameter water line. The proposed water lines will be co-locatedwithin an existing NC DOT right -of --way. implementation of the proposed water line installation will temporarily impact 310 linear feet of stream channel. Upon installation of the water lines, the temporarily affected waters of the U.S. will be restored to their pre -disturbance contours and elevations. Refer to the enclosed Table 1 for specific details regarding the impacts. Compensatory mitigation is not required in coniunction with the aforementioned activities. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number 'or Nationwide Permit Number: NWP 12 (Utility Lines) SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL, CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated April 2018 (design plans) and August 9, 2018, (permit application). Any violation .of the attached conditions or deviation from your submitted plans may subject the, permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit; will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Secti6n'401 Water -Quality Certification. You should contact the NC Division_ of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation undertheCoastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Samantha Dailey at 919-554-4884 x22 or Samantha.J.Dailey(ii�usace.army.mil. _ C l��l ?' Digitally signed by - DAILEY.SAMAN 1Ta% DAILEY.SAMANTHAJ.1387567948 , DN: c=US, o=U.S. Government, ou=DoD, G ('� /� o o4=PKI, ou=USA, HA.J.13S75679,48 cn=DAILEY.SAMANTHAJ.1387567948 Cofps Regulatory Official: Date: 2018.09280655:50-04'00' Date: September 28, 2018 Expiration Date of Verification-- March 18, 2022 Action 10 Number: SAW -2018-01619 County: NASH Permittee: Nash County Public Utilities Attn: r. Mike Phillips Project Name: Northern Nash Water System Date Verification Issued: September 28, 2018 Project Manager: Samantha Dailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS' ®F. ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27857 Please note that, your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure'to. comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said -permit, and required mitigation was completed in accordance with the, permit conditions. Signature of Permittee Table 1. Authorized discharge of fill material into waters of the United States associated with'the Northern Nash Water System SAW -2018-01619 ' Flow Regime Fill Length Fill Area of Duration of' Regulated Discharge of Fill Material Aquatic Resource ID or Cowardin of Stream Wetland Fill Activity Class (if) (ac) Material Crossing 1 01 Intermittent 10 N/A Temporary Utility Installation- Open Cut Trench Crossing 2 02 Intermittent 10 N/A Temporary Utility Installation -Open Cut Trench Crossing 3 03 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 4 57 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 5 45 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 6 46 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 7 47 Intermittent 10 N/A w Temporary Utility Installation - Open Cut Trench Crossing 8 06 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 9 Intermittent 10 N/A ' ; Temporary Utility Installation - Open Cut Trench 11 Crossing 10 31 Intermittent 10 N/A':: Temporary Utility Installation - Open Cut Trench Crossing 11 50 Intermittent -10 N/A' Temporary Utility Installation - Open Cut Trench Crossing 12 54 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 13 ,27 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 14 40 Intermittent 10 N/A Temporary Utility Installation.- Open Cut Trench Crossing 15 41 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 16 18 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 17 24 Intermittent 10 N/A Temporary Utility Installation -,Open Cut Trench Crossing 18 . Intermittent 10 N/A Temporary Utility Installation - Open'Cut Trench 33 Crossing 19 Intermittent 10 N/A Temporary. Utility Installation - Open Cut Trench 34 Crossing 20 Intermittent 10 N/A Temporary Utility Installation - Open'Cut Trench 35 Crossing 21 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench 20 Crossing 22 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench . 21 Crossing 23. Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench 22 Crossing 24 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench' 19 Crossing 25 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench 16 Crossing 26 37 hitermittent 10 N/A Temporary Utility Installation - Open Cut Trench Crossing 27 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench 24 Crossing 28 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench 48 . Crossing 29 Intermittent 10 N/A Temporary Utility Installation - Open Cut Trench 53 Crossing 30 perennial 10 N/A Temporary Utility Installation - Open Cut Trench 28 Crossing 31 perennial 10. N/A Temporary Utility Installation - Open Cut Trench 38 TOTALS 310 Goss, Stephanie From: Peter Galan <pgalan@thewootencompany.com> Sent: Wednesday, October 03, 2018 1:18 PM To: Goss, Stephanie Cc: Brian Johnson Subject: RE: [External] New PCN Submittal Well that was fast! I appreciate the quick turnaround on your review O I did have a couple questions about what your review uncovered — please see my initial responses to your comments (which I paraphrased from your letter) in red below: 1. Please show site boundaries on the most recent version of the US Topo Map — When we initially submitted the PCN, I included the four quad maps on which our project is located showing the location and diameter of each line we're proposing — these maps are titled"NC—MapName_2016071x_TM_geo.pdf". if this is not what you're looking for, please let me know. 2. Please show site boundaries on the Nash County 1989 bound soil survey — Similar to the quad maps, I included the four soils maps on which our project is located showing the location and diameter of each line we're proposing — these maps are titled "SCS Soils Map Nash County Sheet X.pdf". Both these maps and the quad maps are in the PCN application hub for this project. Again, if you need to see something different, please let me know. Also, if you cannot access these files and need them in a different form, let me know — I can email them to You directly, provide you a sharefile link at which you can download thern, or have them sent to your office. 3. Please provide documentation for review that USACE has verified all stream, wetland, and/or open water locations for the project — We have received the approved PCN from Sam Dailey at USAGE. When we send in our official response to your letter I will include the approved permit from Sam. 4. Please provide documentation for review that USACE has verified the Nationwide Permit that is to be used to authorize this project — Same story as comment 3 � —12 11 1v P 5. In the Tar -Pam River Basin, streams (intermittent/perennial), lakes, ponds, and estuaries shown on quad/soils maps are subject to the riparian buffer rules. Impacts must be identified on your plans — When I carne to your office to discuss the project, we agreed that since each of our impacts are perpendicular (or between 75 and 105 degrees) to the stream being crossed, then each of the crossings we're looking at are considered exempt. In addition, we are in the right of way for all but one of the crossings, and as the right of way is previously disturbed and cleared, this also exempts the crossings frorn the rules. I was under the impression that these impacts would not need to be identified or shown on our plans beyond how we have the crossings labeled since they are exempt. Please correct me if I'm wrong, and let me know what (if anything) we need to do to address this. 6. The wetland, stream, and buffer impacts requested in this application need to be clearly shown and enumerated on the site plan. These impacts must correspond to the impacts requested in the application, labels must be clear, and must match labels listed in the application — For your (and USACE's) reference, each is crossing labeled on the plan sheets (STREAM CROSSING "XX") with its classification as perennial/intermittent underneath the label. These labels match the table provided in the PCN titled "PCN impact Tables". This table includes the plan sheet on which each crossing is located, Please let me know if we need to do anything beyond what we have already included. We don't believe there should be anything else, given that all of the crossings are exempt, but if we are wrong in our thinking, please let us know what we need to do to satisfy this requirement. Like I said, if I am misunderstanding what we discussed at our meeting in August regarding comments 5 and 6, please let me know. We want to make sure your review is satisfactory but also that we're not doing anything beyond what the rules require (given that the impacts we're proposing are exempt per the rules). Once we've finalized the discrepancies above, we'll submit a formal cover letter showing our response to your comments, and will include the approved permit we received from USACE. Thanks, Peter Galan, El Assistant to Project Engineer The Wooten Company 120 North Boylan Avenue Raleigh, NC 27603 p.919.828.0531 f. 919.834.3589 www.thewootencompany.com �H. WiNC, -,) From: Goss, Stephanie [mailto:stephanie.goss@ncdenr.gov] Sent: Tuesday, October 02, 2018 4:01 PM To: Peter Galan Subject: RE: [External] New PCN Submittal Peter, I reviewed the Northern Nash Water System application today and have placed the project on hold due to the need for more information. Please see the link below to view the request for additional information letter that is to be mailed out tomorrow: http://edocs.deq.nc.gov/WaterResources/0/doc/745503/Pagel.aspx?searchid=3cb14ac4-0b3b-4adc-a425- 5d6b4351fc60 If you have any questions, please do not hesitate to contact me. Stephanie Z. Goss FlnvironinentA Senior Specialist Divisi.on of Water Resources I.aleigh Re-ional Office :iSoo Barrett t>riv°c Raleigh; NC 2 7601) t) JC) -7C)1 -4'S6 l -mai_l correspondence to and fromthis address may be suhject to the North Carolina Public Records 1.,aw and may be disclosed to third parties From: Peter Galan <pgalan@thewootencompany.corn> Sent: Tuesday, October 02, 2018 8:53 AM To: Goss, Stephanie <stephanie.goss@ncdenr.gov> Subject: RE: [External] New PCN Submittal tachrncntto „J! OK, good to know. Please keep me updated as you look through the PCN. And I'm happy to answer any questions you have! Thanks, Peter Galan, EI Assistant to Project Engineer The Wooten Company 120 North Boylan Avenue Raleigh, NC 27603 M p.919.828.0531 f. 919.834.3589 www.thewootencompany.com VTHE WOOTEN COMPANY From: Goss, Stephanie[mailto:stephanie.gossCalncdenr.gov] Sent: Tuesday, October 02, 2018 8:48 AM To: Peter Galan Subject: RE: [External] New PCN Submittal Peter, I anticipate starting the review process today. I will e-mail you if I have any questions. Thanks! Stephanie Z. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 276o9 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Peter Galan <pgalan@thewootencompany.com> Sent: Tuesday, October 02, 2018 8:34 AM To: Goss, Stephanie <stephanie.goss@ncdenr.gov> Cc: Brian Johnson <biohnson@thewootencompany.com> Subject: RE: [External] New PCN Submittal Hi Stephanie, 3 Was wondering if you could provide an update on your review of our PCN for the Northern Nash Project. We submitted it 8/9 and while we did not have the correct fee initially, the revised fee amount was received 8/23, so we're looking at 6-8 weeks since it's been under review at this point. Can you let me know when you think your review will be complete? Thanks, Peter Galan, EI Assistant to Project Engineer The Wooten Company 120 North Boylan Avenue Raleigh, NC 27603 p.919.828.0531 f. 919.834.3589 www.thewootencompany.com From: Goss, Stephanie [mailto:sten anie.gossCcbncdenr oov] Sent: Thursday, August 02, 2018 8:22 AM To: Peter Galan Subject: RE: [External] New PCN Submittal Sounds good, see you at 1:30 on the 7th. Thanks! Stephanie Z. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Peter Galan [mai Ito: paaIan CeDthewootencompany.com] Sent: Thursday, August 02, 2018 8:20 AM To: Goss, Stephanie <stephanie.goss ncdenr.aov> Subject: RE: [External] New PCN Submittal How about 1:30 Tuesday? Peter Galan, EI Assistant to Project Engineer The Wooten Company 120 North Boylan Avenue Raleigh, NC 27603 CM p.919.828.0531 4 f. 919.834.3589 www.thewootencompany.com From: Goss, Stephanie [mailto:stephanie.goss(cbncdenr.00v] Sent: Thursday, August 02, 2018 8:21 AM To: Peter Galan Subject: RE: [External] New PCN Submittal Peter, I can meet Tuesday in the early afternoon or Wednesday in the morning. Stephanie Z. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Peter Galan [mailto:pgalan@thewootencompany.com] Sent: Thursday, August 02, 2018 8:09 AM To: Goss, Stephanie <stephanie.goss@ncdenr.gov> Subject: RE: [External] New PCN Submittal That's kind of what I expected, glad you're ok with meeting in person. Unfortunately, I'm on PTO both tomorrow and Monday — can we meet on Tuesday or Wednesday? Thanks, Peter Galan, EI Assistant to Project Engineer The Wooten Company 120 North Boylan Avenue Raleigh, NC 27603 p.919.828.0531 f. 919.834.3589 www.thewootencompany.com TTTHE WOOTEN COMPANY 5 From: Goss, Stephanie [mailto:stephanie.goss@ncdenr.gov) Sent: Thursday, August 02, 2018 7:38 AM To: Peter Galan Subject: RE: [External] New PCN Submittal Peter, I am available anytime tomorrow or Monday to have a meeting here at the RRO to discuss your project. I think it would be easier that way for me to answer all your questions. Stephanie Z. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Peter Galan [mailto:pealan@thewootencompany.com] Sent: Friday, July 27, 2018 8:27 AM To: Goss, Stephanie <stephanie.Ross@ncdenr.eov> Subject: RE: [External] New PCN Submittal OK, if it's ok with you I'll direct my questions to you for now. The primary question I have right now is where I will need to produce an impact map and where I will not. If the crossing of a stream/buffer is inside NCDOT right of way and is a perpendicular/near-perpendicular crossing, as many of our crossings are, do we need an impact map? Do we need to show the crossing on the impact table in the PCN, but as a 0 - impact? Or can it be left off the PCN altogether? Where maps are necessary, I want to be sure I'm making maps for the right types of impacts. We will be crossing buffered streams both by open cut and by horizontal directional drill. I was planning to create the necessary maps only for the streams crossed by open cut, and not for the ones crossed by directional drill. This is primarily due to the fact that we're preemptively mitigating to the greatest extent possible by drilling underneath the stream. Does that make sense? Where we do have impact maps, we previously have shown a 10 -foot wide permanent (maintenance) corridor and a temporary impact where the temporary construction easement is proposed (if any is needed). Is that acceptable for this project? If you think it makes sense for us to meet with a set of plans so we can go over them together and answer questions as they come up, let me know — I'd be up for a trip to the RRO @ Thanks, Peter Galan, EI Assistant to Project Engineer The Wooten Company 120 North Boylan Avenue Raleigh, NC 27603 IM p.919.828.0531 f. 919.834.3589 www.thewootencompany.com TVWOOTENCOMPANY From: Gass, Stephanie [mai Ito: stepha nie. gossCcb ncden r.gov] Sent: Thursday, July 26, 2018 2:17 PM To: Peter Galan Subject: RE: [External] New PCN Submittal Peter, It will more than likely be me or it could get assigned to Paul Wojoski in the Central Office. Stephanie L. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties From: Peter Galan[mailto:pealan@thewootencompanv.com] Sent: Thursday, July 26, 2018 2:08 PM To: Goss, Stephanie <stephanie.gossCdncdenr.gov> Subject: [External] New PCN Submittal Hi Stephanie, I am working on a PCN for a waterline installation project in Nash County (near the Towns of Red Oak and Dortches). Will you be reviewing our submittal from the NCDEQ side of things, or will it be someone else at the RRO? This project is large enough ("275,000 LF of waterline, primarily in the ROW, but some easement is required) that I want to make sure what we're submitting is close to, if not exactly what the reviewer will be looking for. If you don't mind, please let me know with whom we'll be working so I know to whom my questions and concerns should be directed. Thanks! Peter Galan, EI Assistant to Project Engineer The Wooten Company 120 North Boylan Avenue Raleigh, NC 27603 p.919.828.0531 f. 919.834.3589 www.thewootencompany.com THE WO.OTF-t4.C- OMPANY 8