20180661 Ver 1_Corps Request for Additional Information_20180326

Moore, Andrew W
From: Brown, David W CIV USARMY CESAW (US) <[e-mail]>
Sent: Monday, March 26, 2018 12:03 PM
To: Kaylie Yankura
Cc: Leslie, Andrea J; 'Byron Hamstead ([e-mail])'; Moore, Andrew W
Subject: [External] Request of Additional Information - Mud Creek Interceptor Sewer Line
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
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ClearWater Environmental Consultants, Inc.
Asheville, NC
Kaylie Yankura,
The Corps has received and reviewed your recently submitted PCN application with supporting documents and
Jurisdictional Determination (JD) Request for the Mud Creek Interceptor Sewer Line project in Hendersonville,
Henderson County, NC. The submitted information requested this project be verified under NWP 12. After review and
evaluation of the submitted documents, the Corps is requesting the following additional information in order for us to
consider the application and JD request to be complete.
1) The submitted documents do not meet NWP 12 Regional Condition 4.2.9. Please submit a wetland restoration and re -
vegetation plan.
2) The PCN's wetland impacts table does not note the permanent impacts to forested wetlands by conversion to
herbaceous wetlands within the permanently maintained corridor along the utility right of way. Please revise and
resubmit this table.
3) The applicant's proposed compensatory mitigation is insufficient and not appropriate in offsetting the environmental
losses resulting from unavoidable impacts to waters of the U.S. (WoUS) authorized by the Department of Army permit.
The proposed discharge of fill material into WoUS will convert forested or scrub -shrub wetlands to herbaceous wetlands
in the permanently maintained utility line right-of-way resulting in losses of wetland functions and services. Therefore,
these wetlands will be permanently adversely affected by the regulated activity. The Corps has determined for this
project mitigation will be required to reduce the adverse environmental effects of the permitted activity. Also, the
proposed mitigation does not meet NWP 12 Regional Condition 4.2.10. Please submit a compensatory mitigation
proposal or plan for the proposed permanent impacts to forested and shrub -shrub wetlands which will be converted to
herbaceous wetlands due to the permanently maintained corridor along the utility right-of-way.
4) Conduct North Carolina Wetland Assessment Methodology (NCWAM) in the forested wetlands which are to be
converted to herbaceous wetlands and submit the NCWAM data sheets for review by the agencies (i.e., Corps. DWR,
WRC, FWS).
The submitted documents also included a request for a pre -JD of the utility right-of-way and associated construction
corridor. No copy of the documents noting the County's right-of-ways, easement agreements, ownership, or landowner
permission of entry were submitted with this request. The policy position of the Corps Regulatory Program is that Corps
Regulators should not enter private property unless they have the property owner's permission or an administrative
warrant. While the Agent Authorization submitted with documentation noting pending right-of-way which could allow
access and/or right of entry have been utilized in the past this right of entry document pre -dates the District's current

approach to dealing with this issue. Therefore, please provide copies of the County's right-of-ways, easement
agreements, ownership, and/or landowner permission of entry for the project corridor. The Corps will review these
documents to determine if the documents will meet current policy position of the Corps Regulatory Program for our
staff's right of entry to conduct the requested pre -JD field activities.
At this time, the request to utilize NWP 12 for authorization of impacts to WoUS and the request for JD are on hold until
the above additional information has been received. Once the Corps receives the information noted above we will be
able to continue to process your request. If you have any questions please contact me.
Sincerely,
David Brown, PG
Regulatory Specialist
[e-mail]
828-271-7980, ext. 4232
USACE-Wilmington District, Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006