20200966 Ver 1_More Info Requested_20200803

Strickland, Bev
From: Homewood, Sue
Sent: Monday, August 3, 2020 2:21 PM
To: [e-mail]; [e-mail]
Cc: Roden Reynolds, Bryan K CIV (US)
Subject: RE: [External] SAW-2020-01314_Loch Lea Subdivision (Notice of Incomplete Pre -
Construction Notification)) - DWR#20200966
Gentlemen,
Please copy me when you respond to Bryan's comments below. As currently designed, it appears that the project would
not require written notification from DWR, please see the thresholds on Page 2 of 401 Water Quality General
Certification #4139. However, some of the information requested below may change that determination. I will review
the additional information when it submitted for confirmation that the project remains below DWR written notification
thresholds.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
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From: Roden Reynolds, Bryan K CIV (US) <Bryan.K.Roden [e-mail]>
Sent: Thursday, July 30, 2020 2:42 PM
To: [e-mail]
Cc: Homewood, Sue <[e-mail]>; [e-mail]
Subject: [External] SAW-2020-01314_Loch Lea Subdivision (Notice of Incomplete Pre -Construction Notification))
Importance: High
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Mr. Kennerly,
On July 27, 2020, we received the Standard Permit you submitted on behalf of Mr. and Mrs. Forester on a property
located in Forsyth County, North Carolina. I have completed my initial review of the report and I have determined that it
is deficient. At this time, the Corps is withdrawing this request until all the information below is completed and
resubmitted.

a. The Pre -Construction Notification is incorrectly filled out; based on the proposed impacts, you would be
requesting this project be verified under the Nationwide Permit Program (specifically Nationwide Permit 29)
instead of a Standard Permit. I have attached a copy of Nationwide Permit 29 with all general and regional
conditions for your reference.
b. Under Section A(1)(e) you checked "yes" for record only for the DWR 401 Certification and Corps Permits.
This is incorrect and should be checked "no" because in order to construction a residential development,
notification to the Corps and State and issuance of a 404 and 401 Water Quality Certification are needed
prior to the start of construction. Please reference the notification section in the attached Nationwide
Permit 29.
c. In Section C(5)(a) you checked "no" that stream and/or wetlands have not been delineated in the project
area. In Nationwide Permit 29 General Condition 32(b)(5) it states "The PCN must include a delineation of
wetlands, other special aquatic sites, and other waters, such as lakes and ponds, perennial, intermittent, and
ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The Corps recommends you engage an environmental consulting
firm to conduct the delineation of the entire project area to determine and quantify the jurisdictional waters
onsite. In addition, this environmental consulting firm can be retained to act on behalf of the applicant
during the permitting process and correctly and efficiently represent the applicant and ensure all
appropriate information is needed for a complete application.
d. Section D(3), the table is incorrectly filled out.
e. Section E(2) is not filled out correctly. Compensatory mitigation is utilized when the project has explored all
practicable alternatives for avoiding and minimizing impacts and project impacts exceed applicable permit
thresholds, then mitigation will be required. I would recommend you reference the stream and/or wetland
mitigation thresholds in the attached Nationwide Permit 29 along with the State's website.
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-
wetlands-buffer-permitting/compensatory-mitigation and https://deg.nc.gov/about/divisions/mitigation-
services/about-dms/dms-programs.
f. Section E(4)(a) you selected "no"; however, in Section E(2) you chose "yes" that compensatory mitigation
would be required for this project. If compensatory mitigation is required for this project then Section
E(4)(a) would need to be checked "yes". In addition, a Compensatory Mitigation Credit Reservation letter
from the North Carolina DMS would also need to be included in a complete PCN package. As stated
previously, the Corps recommends you engage with an environmental consultant firm that has experience
with Section 401 and 404 permitting and could assist the applicant is completing and submitting a complete
PCN.
g. The PCN package contained a construction drawings labeled "Overall Grading Plan"; however, this single
sheet does not clearly depict where the associated stream and/or wetland impacts are located. In addition,
it seems the project is proposing some type of stormwater control feature within a potential jurisdictional
feature (i.e., open water or pond). In Nationwide Permit 29, Regional Condition 4.1.1. states "Discharges in
perennial streams, intermittent streams and wetlands for stormwater management facilities are prohibited
under this NWP." The southern pond or common open space has a discharge outfall structure within the
Ordinary High Water Mark of this open water. Please provide clarification as to what structure(s) are
planned for within these open waters.
h. The Corps is concerned there may be additional jurisdictional features onsite upstream or at the headwaters
of the 2 open water features onsite. This is why additional information request "c" is vital for the state and
Corps to appropriately review a proposed project.
Please note, as this type of project would also need a 401 Water Quality Certification in addition to the
Corps Section 404 permit.
Please provide the information requested above in ONE consolidated response and utilize the existing Action ID (SAW-
2020-01314) for all corresponding relating to this project.

Thanks,
Bryan Roden -Reynolds, PWS
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Office: [phone]