20171293 Ver 2_Request for Withdrawal_20210120

Strickland, Bev
From: Davis, Erin B
Sent: Wednesday, January 20, 2021 9:15 AM
To: Bradley Breslow; Matt Butler
Cc: Tugwell, Todd J CIV USARMY CESAW (US); Steve Kichefski
Subject: RE: [External] Green Mesa PCN Updates
Thanks Brad. I confirmed that a Corp incomplete application does not affect the 401 review timeline or available options
(approve/deny) under the 2020 Federal 401 Rule update. If it's possible to receive the formal request to withdraw today,
it would be appreciated. DWR would then issue an acknowledgement letter. If not, I need to draft the denial letter in
order to get it signed by the Director by Friday, which is our statutory deadline.
Erin B. Davis, PWS
Stream & Wetland Mitigation Coordinator
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
919-817-0360 cell
erin.davis(cDncdenr.gov
From: Bradley Breslow [mailto:[e-mail]]
Sent: Wednesday, January 20, 2021 8:28 AM
To: Steve Kichefski <[e-mail]>; Matt Butler <mbutler@res. us>; Davis, Erin B
<[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>
Subject: RE: [External] Green Mesa PCN Updates
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It seems a formal withdrawal is probably the best path forward at this time. Apologies for the unforeseen circumstances
and any extra work it may have caused for all parties.
Thanks,
Brad Breslow
Regulatory Manager, Southeast
RES I res.us
Direct: 919.209.1062 1 Mobile: [phone]
From: Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, January 20, 2021 7:06 AM
To: Matt Butler <[e-mail]>; Davis, Erin B <[e-mail]>
Cc: Bradley Breslow <[e-mail]>; Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Subject: [EXTERNAL] RE: [External] Green Mesa PCN Updates
Erin,

With the recent change in 401 rules, I'm not sure what is the best process for you to handle this situation. We know the
PCN needs to be updated but RES is still unsure about potential changes to the project design. If an incomplete
notification from the Corps changes matters for you let me know. I'm also available to discuss this morning until around
10:30.
Matt — An incomplete notification from me is only for the PCN timeline and the plan review for Green Mesa would still
need to be withdrawn to stop the clock, so it still may be best to withdraw each until RES sorts out the potential project
changes.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
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 our website at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online.
From: Matt Butler <mbutler@res. us>
Sent: Tuesday, January 19, 2021 7:44 PM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>; Davis, Erin B
<erin.davis@ncdenr.2ov>
Cc: Bradley Breslow <[e-mail]>; Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] Green Mesa PCN Updates
Erin,
Steve and Brad spoke this evening about Green Mesa. They were curious to see if the Corps marked the PCN application
incomplete, would that extend the timeline for you on the 401 to give us a little more time for clarity on our end?
If that is not an option, we will go the formal withdrawal route instead of the denial.
Happy to jump on a call tomorrow if that would help.
Matt Butler, PMP
Project Manager
RES I res.us
Direct: 919.209.1067 1 Mobile: [phone]
Our new office is located at 3600 Glenwood Avenue. Suite 100. Raleiah. North Carolina 27612.
From: Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, January 19, 20214:50 PM
To: Matt Butler <[e-mail]>; Davis, Erin B <[e-mail]>

Cc: Bradley Breslow <[e-mail]>; Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Subject: [EXTERNAL] RE: [External] Green Mesa PCN Updates
Matt,
Can't speak for Erin, but seems like if there are potential changes to Green Mesa (both the proposed plan and PCN) and
you will not have answers to those issues within the regulatory processing timelines, it would be best to withdraw
instead of forcing denial. I don't know about DWR, but in is not a minor issue for us to deny a permit. It seems like
forcing a denial causes much extra work by the regulatory agencies and possible additional work on your end to move
things forward again. The timeline applies to both the PCN and plan comments so assuming if you agreed with a
withdrawal it would apply to both?
Erin — Please way in on your perspective for how best to handle this from a process standpoint.
Let me know if you would like to discuss.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
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 our website at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online.
From: Matt Butler <mbutler@res. us>
Sent: Tuesday, January 19, 20214:11 PM
To: Davis, Erin B <[e-mail]>
Cc: Bradley Breslow <[e-mail]>; Kichefski, Steven L CIV USARMY CESAW (USA)
<Steven. L. Kichefski(@ usace.a rmv. mi I>
Subject: [Non-DoD Source] RE: [External] Green Mesa PCN Updates
Erin,
RES will not be able to meet the deadline for the PCN revisions. We understand this will result in a denial and apologize
for the inconvenience.
Please let me know if you need any additional information.
Thank you,
Matt Butler, PMP
Project Manager
RES I res.us
Direct: 919.209.1067 1 Mobile: [phone]

Our new office is located at 3600 Glenwood Avenue, Suite 100, Raleigh, North Carolina 27612.
From: Davis, Erin B <[e-mail]>
Sent: Tuesday, January 19, 2021 7:40 AM
To: Matt Butler <mbutler@res. us>
Cc: Bradley Breslow <[e-mail]>; Steve Kichefski <[e-mail]>
Subject: [EXTERNAL] RE: [External] Green Mesa PCN Updates
Hi Matt,
Unfortunately, the Federal 401 rule change effective September 2020 does not allow us to put applications on hold or
request applicants withdraw related to additional information needs. I only have two options: deny or approve by this
Friday. In order to move forward with my review, I will need a cover letter and revised PCN mark-up adding the NWP 14
to Section A. Question #1c. to cover the driveway crossing. This information can be submitted via email, similar to the
Dogtown Project. The approval letter will authorize impact amounts up to what is listed in the PCN, if your potential
pond removal design change results in additional impacts a permit modification will be necessary.
Please let me know today if you plan to submit the revised PCN by Thursday. A denial letter needs to be signed by the
DWR Director and I will have to start that process within the next day.
I have meetings today from 11-12pm and 1-2:30pm, but I'm available to discuss at any other time.
Many thanks,
Erin B. Davis, PWS
Stream & Wetland Mitigation Coordinator
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
919-817-0360 cell
erin.davis(cDncdenr.gov
From: Matt Butler [maiIto: mbutler@ res. us]
Sent: Friday, January 15, 2021 4:42 PM
To: Davis, Erin B <[e-mail]>; Steve Kichefski <[e-mail]>
Cc: Bradley Breslow <[e-mail]>
Subject: [External] Green Mesa PCN Updates
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Erin,
Thank you for reaching out about the status of our Green Mesa Project. We have had some complications related to the
pond removal and coordination with downstream landowners that we are still working through with Yadkin Soil &
Water.
I understand that we are closing in on your processing timeline for the PCN. As we discussed on the call, RES would be
required to amend the PCN to account for the relocation of the driveway and applying for a NWP 14 in addition to our
NWP 27. To give us a little more time to iron out details related to the pond removal, do you have a process to request
more information on the PCN that would extend your timeline?

Thank you,
Matt Butler, PMP
Project Manager
RES I res.us
Direct: 919.209.1067 1 Mobile: [phone]
Our new office is located at 3600 Glenwood Avenue, Suite 100, Raleiqh, North Carolina 27612.