20141310 Ver 2_Correspondence_20200511

BROOKS 6w.__
q9 PIERCE
FOUNDED 18g7
May 11, 2020
Via Email Only
Ms. Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
[ Email: Sue.Homewood(ancdenr.gov ]
Mr. David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[ Email: David. E.Bailey(a),usace.army.mil ]
2000 RENAISSANCE PLAZA
230 NORTH ELM STREET
GREENSBORO, NC 27401
T 336.373.8850
F 336.378.1001
WWW.BROOKSPIERCE.COM
Re: NCDEQ DWR 401 Certification #20141310 v2 (April 13, 2020) and U.S. ACE 404
Permit Action Id. SAW-2018-02038 [April 21, 2020) — Goria Youngs Mill, LLC
Dear Ms. Homewood and Mr. Bailey:
I am writing as counsel to the applicant/permittee Goria Youngs Mill, LLC with respect to
the above -referenced 401 Certification and 404 Permit, which are enclosed herewith for ease of
reference. This letter is to clarify the applicant's interpretation and understanding of certain terms
of the 401 Certification Special Conditions as follows:
(1) Special Condition 3 references monitoring for "a minimum of three years or until
the Division determines that the restoration area is stable and functional." We have
explained previously that our client does not believe that hydrological conditions
necessary to sustain a wetland ecosystem previously existed in the locations
designated to be restored. Although the applicant agrees to undertake the
restoration work as proposed in its application materials and to have that work
inspected for full compliance upon completion, the applicant is not guaranteeing
the work will restore or establish hydrological conditions at the site that will sustain
a wetland ecosystem.
(2) Special Condition 6 references alleged violations associated with applicant's
activities at the site. As I had discussed with Ms. Homewood, and I want to clarify
Writer's Direct Dial: 336-271-3134 Writer's Direct Fax: [phone] Email: [e-mail]
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Attorneys and Counsellors at Law

Ms. Homewood and Mr. Bailey
May 11, 2020
Page 2
here, the applicant understands that NC DEQ and U.S. ACE intend to preserve their
respective rights to assert potential claims against applicant as to alleged regulatory
or statutory violations. However, similarly, the applicant does not admit to any
past, present or future violations of state or federal law, and applicant preserves all
of its rights, including but not limited to its rights to contest and defend against any
claims that may be asserted by NC DEQ or the Corps of Engineers regarding
alleged violations due to activities at the site or otherwise.
The applicant appreciates working with you all toward the issuance of the 401 Certification
and 404 Permit, and looks forward to proceeding with the authorized activities accordingly. I
anticipate that Mr. Zarzecki (copied) will follow up with you all on behalf of the applicant to
provide executed Compensatory Mitigation Responsibility Transfer forms and otherwise to
communicate with you all as appropriate as the applicant proceeds with the authorized work.
Thank you for your attention to and consideration of these matters. Please feel free to
contact Mr. Zarzecki of me with any questions or concerns. Thank you.
Sincerely,
Alexander Elkan
AE/llj
Enclosures
C: Mr. Pete Goria, Goria Youngs Mill Rd., LLC
Mr. Bob Zarzecki, Soil and Environmental Consultants
Mr. George House, Brooks Pierce Law Firm