20200972 Ver 1_More Info Requested_20200922

Strickland, Bev
From: Snider, Holley
Sent: Tuesday, September 22, 2020 4:41 PM
To: Bobby Billingsley
Cc: [e-mail]; Capito, Rachel A CIV USARMY CESAW (USA)
Subject: RE: [External] RE: [Non-DoD Source] RE: Windpointe Subdivision
Good afternoon Bobby,
The DWR would like to request additional information regarding the proposed impacts associated with the Windpointe
subdivision. The DWR considers the Cliffs and the Shores sections of the Windpointe subdivision a common plan of
development and the impacts will be evaluated cumulatively.
Letter C 1.a. please clarify that wetlands and streams will be impacted.
Letter C 3.a. please clarify the linear feet and width of the perennial (not intermittent) stream to be impacted. The plans
indicate 120 linear feet of pipe for the proposed roadway crossing. Additionally the DWR general water
quality certification 4139 is specifically conditioned to state:
Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and
allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and
below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the
stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall
be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [ISA
NCAC 02H .0506(b)(2) and (c)(2)]
AND
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening
the stream channel shall be avoided.
The submitted drawings depict a meandering perennial stream 6 feet in width. The proposal depicts two (2) 42"
culverts 120 feet in length. The cross section drawing indicates the pipes would be located outside of the
stream channel. Please ensure that your that your project has been designed to meet the conditions above and
provide any justification and clarification necessary.
The additional information will be necessary to complete the review of your permit application and therefore the
application is on hold until the above information and stream assessment and mitigation information requested by the
USACE has been received by our office. Please feel free to call or email me if you have any questions or I may be of
assistance to you in any way.
Sincerely,
Holley Snider .., ,��((((°>•... ..><((((°>.
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
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127 Cardinal Drive Ext.

Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Capito, Rachel A CIV USARMY CESAW (USA) [mailto:[e-mail]]
Sent: Tuesday, September 22, 2020 9:53 AM
To: Bobby Billingsley <bobbybiIli [e-mail]>
Cc: [e-mail]; Snider, Holley <[e-mail]>
Subject: [External] RE: [Non-DoD Source] RE: Windpointe Subdivision
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Hi Bobby,
I spoke with Robb about the attached email. He was looking for the origin of the stream and was not looking at the
location of the crossing that I was discussing. There is a North Carolina Stream Assessment form that uses methodology
developed by the State and consulting groups on how to rate the quality and type of the stream resource. The State also
has their own stream assessment forms, but what you provided is not either of those assessments.
Based on the type of resource impacted (perennial stream) a conservation easement would not be adequate as you do
not have additional streams onsite to preserve. Any other impacts to those streams would require a permit and thus the
threat to the resource is limited. It is also out of line with our mitigation rule which is first to go to an established
mitigation bank, then discuss in -lieu fee, and then conservation easement. The Corps has found that conservation
easements are often violated and do not have the success rate as mitigation banks. Mitigation will be required for that
crossing at a 2:1 ratio.
Also please be aware that this permit is currently on hold as I have still not heard from the State Historic Preservation
Office on the data point located on -site (appears to be a house). Still waiting on their concurrence and I need that
information before I issue this permit.
Please let me know if you have any additional questions.
Thanks,
Rachel
From: Bobby Billingsley<[e-mail]>
Sent: Monday, September 14, 2020 1:48 PM
To: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Cc:[e-mail]
Subject: RE: [Non-DoD Source] RE: Windpointe Subdivision
Rachel, the attached is all I have from Robb. Do you need more information on it? I have copied Robb on it. Robb do
you have further stream data on the crossing/quality or what need be ... a "Stream Assessment Form"?
Rachel also, we would likely prefer to do conservation easement instead of paid mitigation bank if possible.
Thanks,
Bobby Billingsley, PE
[e-mail]

Thomas Engi nee ring PA.com
T OMAS est 1983
ENGINEERING, PA
Phs. Address: 1316-B Commerce Drive
New Bern, NC 28562
Mail Address: PO Box 1309
New Bern, NC 28563
Office : 252.772.8011
Mobile: [phone]
Fax: [phone]
From: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, September 14, 2020 1:35 PM
To: Bobby Billingsley<bobbybiIli [e-mail]>
Subject: RE: [Non-DoD Source] RE: Windpointe Subdivision
Hi Bobby,
The Corps can require mitigation for any impacts we feel have a negative effect on the aquatic environment. We
typically require mitigation for impacts over 150 linear feet, but in the case of perennial impacts mitigation can be
required at any impact length. Mitigation will be required for this permit even if impacts are reduced to 149 linear feet.
If you can provide an North Carolina Stream Assessment form we can discuss ratios.
Thanks,
Rachel
From: Bobby Billingsley<[e-mail]>
Sent: Wednesday, September 9, 2020 9:58 AM
To: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Subject: RE: [Non-DoD Source] RE: Windpointe Subdivision
Rachel regarding the stream issue ... are you saying that greater than or equal to 150 LF requires mitigation? This is new
for us ... never run into the footage being a threshold point before. If so, can we just simply reduce the impact length to
149 LF? We are trying to keep this as simple as possible for everybody...
Thanks,
Bobby Billingsley, PE
[e-mail]
ThomasEngi neeri ngPA.com
T OMAS est 1983
WF ENGINEERING, G, PA
Phs. Address: 1316-B Commerce Drive
New Bern, NC 28562
Mail Address: PO Box 1309
New Bern, NC 28563

Office : 252.772.8011
Mobile: [phone]
Fax: [phone]
From: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, September 09, 2020 8:46 AM
To: Bobby Billingsley<bobbybiIli [e-mail]>
Cc: [e-mail]
Subject: RE: [Non-DoD Source] RE: Windpointe Subdivision
The impacts associated with Fullard Creek are 150 linear feet long and therefore would require mitigation. Also please
be reminded I have reached out to SHPO regarding the surveyed house point and cannot issue my permit until I receive
concurrence from their office.
Thanks,
Rachel
From: Bobby Billingsley<[e-mail]>
Sent: Tuesday, September 8, 2020 7:49 AM
To: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Cc:[e-mail]
Subject: [Non-DoD Source] RE: Windpointe Subdivision
Rachel I just noticed this below email that you had sent to John, but the submitted PCN was not over 150 LF of
stream. Therefore mitigation wouldn't be required, right?
Thanks,
Bobby Billingsley, PE
[e-mail]
ThomasEngi neeri ngPA.com
THOMAS est 1983
WF ENGINEERING, PA
Phs. Address: 1316-B Commerce Drive
New Bern, NC 28562
Mail Address: PO Box 1309
New Bern, NC 28563
Office : 252.772.8011
Mobile: [phone]
Fax: [phone]
From: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Sent: Friday, September 04, 2020 3:23 PM
To: [e-mail]
Subject: FW: Windpointe Subdivision
Apologies I sent this to John earlier. Also I must hear back from SHPO before I can issue.
Thanks,

Rachel
From: Capito, Rachel A CIV USARMY CESAW (USA)
Sent: Friday, September 4, 2020 1:11 PM
To: [e-mail]
Subject: Windpointe Subdivision
Hi John,
The Corps requires mitigation for impacts to perennial streams over 150 linear feet. Mitigation in the form of bank
credits will be required at a ratio of 2:1. Once you submit an updated mitigation proposal I can issue the permit.
Thanks,
Rachel
Rachel Capito
Regulatory Specialist
U.S. Army Corps of Engineers
Wilmington District
Office: 910.251.4487
Cell: 910.899.6051
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