20200172 Ver 1_Project Withdrawn_20200104

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Yes let’s withdraw it for now and plan to resubmit if impacts are still
proposed.

Thanks!

Lauren Norris-Heflin

Environmental Project Manager

Office: 919.866.4943 | Cell: 919.607.1723

From: Goss, Stephanie <[e-mail]>
Sent: Monday, January 4, 2021 11:03 AM
To: Lauren Norris-Heflin <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

Lauren,

Would you like to withdraw the application and resubmit it once you
have all the updates?

Stephanie Z. Goss

Environmental Program Consultant

Division of Water Resources

Raleigh Regional Office

3800 Barrett Drive

Raleigh, NC 27609

919-791-4256

E-mail correspondence to and from this address may be subject to the

North Carolina Public Records Law and may be disclosed to third
parties.

From: Lauren Norris-Heflin [mailto:[e-mail]]
Sent: Monday, January 4, 2021 10:45 AM
To: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >
Subject: RE: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

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Stephanie,

I checked in on this one and it appears the plans as submitted have
been put on indefinite hold. I believe the client is working on finding
a way to use the property without impacting any jurisdictional areas.

Thanks for following up though!

Lauren Norris-Heflin

Environmental Project Manager

Office: 919.866.4943 | Cell: 919.607.1723

From: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >
Sent: Wednesday, December 30, 2020 2:29 PM
To: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >
Subject: RE: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

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Lauren,

Hope you are having a nice holiday. I wanted to check in on this one.
It will be a year since it has been submitted and I have not received
any additional information. In that case, the project will need to be
denied and then you can resubmit the application once you have all the
information needed.

Stephanie Z. Goss

Environmental Program Consultant

Division of Water Resources

Raleigh Regional Office

3800 Barrett Drive

Raleigh, NC 27609

919-791-4256

E-mail correspondence to and from this address may be subject to the

North Carolina Public Records Law and may be disclosed to third
parties.

From: Bailey, David E CIV USARMY CESAW (USA)
[mailto:[e-mail]]
Sent: Thursday, March 26, 2020 2:35 PM
To: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >; Goss, Stephanie
<[e-mail] <mailto:[e-mail]> >
Subject: RE: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

CAUTION: External email. Do not click links or open attachments unless
you verify. Send all suspicious email as an attachment to
[e-mail] <mailto:[e-mail]>

Hi Lauren, and thanks for the email. Given the likelihood of extended

delay resolving the Corps’ comments from our 2/25/2020 email, we will
withdraw the NWP verification request. In order to allow us to process a
DA authorization request, please proceed as requested in our 2/25/2020
email. If you have any questions in the meantime please let me know.

-Dave Bailey

---

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

Phone: [phone], Ext. 30.

Fax: [phone]

Email: [e-mail]
<mailto:[e-mail]>

We would appreciate your feedback on how we are performing our duties.
Our automated Customer Service Survey is located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Thank you for taking the time to visit this site and complete the
survey.

From: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >
Sent: Thursday, March 26, 2020 1:45 PM
To: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >; Bailey, David E CIV USARMY CESAW
(USA) <[e-mail]
<mailto:[e-mail]> >
Subject: [Non-DoD Source] RE: [External] RE: Request for Additional
Information - Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake
County; SAW-2020-00224

If that is possible that would be much appreciated!

Lauren Norris-Heflin

Senior Environmental Scientist

Office: 919.866.4943 | Cell: 919.607.1723

From: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >
Sent: Thursday, March 26, 2020 1:41 PM
To: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >;
[e-mail] <mailto:[e-mail]>
Subject: RE: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

Lauren,

Would you like me to put the project on hold then?

Stephanie Z. Goss

Environmental Specialist II

Division of Water Resources

Raleigh Regional Office

3800 Barrett Drive

Raleigh, NC 27609

919-791-4256

E-mail correspondence to and from this address may be subject to the

North Carolina Public Records Law and may be disclosed to third parties

From: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >
Sent: Thursday, March 26, 2020 1:40 PM
To: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >; [e-mail]
<mailto:[e-mail]>
Subject: RE: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;

SAW-2020-00224

CAUTION: External email. Do not click links or open attachments unless
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Stephanie and Dave,

As of today we do not have any additional information for this site.

The client was out of the country until a few days ago so this delayed
us some. We did just recently have a chance to discuss the site and have
decided we will be re-thinking the approach.

We will likely be initiating consultation with both of you for site
alternatives at some point in the near future though.

Thanks,

Lauren Norris-Heflin

Senior Environmental Scientist

Office: 919.866.4943 | Cell: 919.607.1723

From: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >
Sent: Thursday, March 26, 2020 1:35 PM
To: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >
Subject: RE: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

Lauren,

Just checking in on this one, will you have a response for Dave’s
additional information this week as it has hit the 30 day mark?

Stephanie Z. Goss

Environmental Specialist II

Division of Water Resources

Raleigh Regional Office

3800 Barrett Drive

Raleigh, NC 27609

919-791-4256

E-mail correspondence to and from this address may be subject to the

North Carolina Public Records Law and may be disclosed to third parties

From: Bailey, David E CIV USARMY CESAW (USA)
<[e-mail] <mailto:[e-mail]>
>
Sent: Tuesday, February 25, 2020 3:14 PM
To: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >
Cc: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >
Subject: [External] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

CAUTION: External email. Do not click links or open attachments unless
you verify. Send all suspicious email as an attachment to
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Hi Lauren, and good question. IF the sediment basin is on the
stormwater management plan, or in some other way is tied to requirements
of Section 402 of the Clean Water Act (NPDES, etc.), then we would
likely consider it to be a stormwater management facility. Note that
this type of discharge could potentially fit the terms and conditions of
NWP 18.

Moreover though, a temporary sediment basin could typically fit almost
anywhere on a site, and one would think could be re-designed to fit into
the upland area to the west of the wetland. If not, we would wonder
whether a temporary sediment basin could be restored as a wetland (that

is, if the other portions of the development wouldn’t re-route the
drainage such that the entirety of the wetland downslope of the impact
were considered an indirect impact through loss of hydrology).

Lots to consider on this one.

-Dave Bailey

---

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

Phone: [phone], Ext. 30.

Fax: [phone]

Email: [e-mail]
<mailto:[e-mail]>

We would appreciate your feedback on how we are performing our duties.
Our automated Customer Service Survey is located at:
Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
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ncexqP5eAttvtf2APTCpwj0VEDSGRY_KA%24&data=02%7C01%7CLauren.Norris-Heflin
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Thank you for taking the time to visit this site and complete the
survey.

From: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >
Sent: Tuesday, February 25, 2020 2:45 PM
To: Bailey, David E CIV USARMY CESAW (USA)
<[e-mail] <mailto:[e-mail]>
>

Cc: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >
Subject: [Non-DoD Source] RE: Request for Additional Information -
Briarhaven, Raynor Rd. and Bricksteel Ln., Garner, Wake County;
SAW-2020-00224

Dave,

I wanted to follow-up to dig into this a bit more.

Regarding comment 2b, the impact at the southern portion of the site is
actually for a temporary sediment basin during grading and was not
considered a stormwater management structure. Following grading, the
basin will be revegetated but it is not anticipated to be restored to
pre-development conditions. Given this, would this be exempt from being
classified as a prohibited stormwater management structure?

I am consulting with our engineering team and client on the remaining
items.

Thank you,

Lauren Norris-Heflin

Senior Environmental Scientist

Office: 919.866.4943 | Cell: 919.607.1723

From: Lauren Norris-Heflin
Sent: Tuesday, February 25, 2020 2:33 PM
To: 'Bailey, David E CIV USARMY CESAW (USA)'
<[e-mail] <mailto:[e-mail]>
>
Cc: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >; [e-mail]
<mailto:[e-mail]>
Subject: RE: Request for Additional Information - Briarhaven, Raynor
Rd. and Bricksteel Ln., Garner, Wake County; SAW-2020-00224

Dave,

Thank you for your comments. We will begin reviewing these now.

Best,

Lauren Norris-Heflin

Senior Environmental Scientist

Office: 919.866.4943 | Cell: 919.607.1723

From: Bailey, David E CIV USARMY CESAW (USA)
<[e-mail] <mailto:[e-mail]>
>
Sent: Tuesday, February 25, 2020 1:52 PM
To: Lauren Norris-Heflin <[e-mail]
<mailto:[e-mail]> >; [e-mail]
<mailto:[e-mail]>
Cc: Goss, Stephanie <[e-mail]
<mailto:[e-mail]> >
Subject: Request for Additional Information - Briarhaven, Raynor Rd.
and Bricksteel Ln., Garner, Wake County; SAW-2020-00224

All,

Thank you for your PCN and attached information, dated 8/10/2018, for
the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide
Permit (NWP) 39
(BlockedBlockedhttp://saw-reg.usace.army.mil/NWP2017/2017NWP39.pdf).
Please submit the requested information below (via e‐mail is fine):

1. The proposed project occurs within the greater White Oak Park
commercial development (Action IDs: SAW-1998-20747, SAW-1999-21189,
SAW-2004-21495), which required Corps authorization under NWPs 12 and 26
as verified on 8/13/1999 (see attached); these verifications authorized
impacts to 0.146 acre for four utility line crossings and 0.458 acre of
wetland and channel impacts for five road crossings (Bricksteel Lane)
and two lot fills. Based on the information you provided, and per NWP 39
General Conditions 15 and 28, the Corps considers the proposed
Briarhaven development (Lot 100 White Oak Business Park) as part of the
same single and complete project as the White Oak Park commercial
development; as such, the Corps views the proposed wetland and stream
impacts as cumulative with those permitted for the White Oak Park
commercial development. Since the impacts for the current proposed
project (0.448 acre loss of waters) combined with the previously

permitted project impacts (0.458 acre loss of waters) exceeds the 0.5
acre cumulative threshold allowable for verification under NWP 39, we
cannot verify the use of NWP 39 for the project as proposed.
Accordingly, you may:

a. Redesign the project such that permanent loss of
wetlands and other waters combined with the previously permitted project
impacts fit within the 0.5 acre cumulative threshold allowable for
verification under NWP 39;
b. Pursue authorization through an Individual permit. If it
is your intention to pursue an Individual Permit (i.e. Standard Permit),
the enclosed Individual Permit application (see also the attached
instructions) must be filled out completely and submitted to our office
for processing;

2. The following comments are provided following review of your PCN
and plans, comment # 1 above notwithstanding:

a. Your PCN included proposed impacts to wetlands, however
these and other potential jurisdictional boundaries have not been
verified by the USACE. By this correspondence we are requesting a site
visit to verify the locations of potential waters of the US, given that
all previous Jurisdictional Determinations associated with this property
(Action IDs: SAW-1998-20747, SAW-1999-21189, SAW-2004-21495) have
expired. We also need either a Preliminary JD form (if requesting a PJD)
or the appropriate Approved JD forms (if requesting an AJD) to complete
this request. Please note that revisions to the PCN/application and
plans may be necessary depending on the results of the field
verification
b. It appears that a portion of the proposed wetland fill
would occur due to stormwater management facilities and related
infrastructure. Per NWP 39 Regional Condition 4.1.1, “discharges in
perennial streams, intermittent streams and wetlands for stormwater
management facilities are prohibited under this NWP.”
c. Additional avoidance and minimization of wetland impacts
appears possible if additional uplands are used in the southernmost
corner of the parcel in the stormwater management facility design;
please provide additional information as to whether or not additional
avoidance and minimization is practicable per NWP 39 General Condition
23(a) and (b);

3. Please note that responses to the questions above may prompt
additional information requests to allow full evaluation of the proposed
project.

Please provide the above information within 30 days of receipt of this
Notification, otherwise we will deny verification of the use of the
Nationwide Permit or consider your application withdrawn and close the
file. If you choose to pursue the project via an Individual Permit
application (item 1b above), please notify us as soon as possible.
Please let me know if you have any questions.

Sincerely,

Dave Bailey

---

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

Phone: [phone], Ext. 30.

Fax: [phone]

Email: [e-mail]
<mailto:[e-mail]>

We would appreciate your feedback on how we are performing our duties.
Our automated Customer Service Survey is located at:
BlockedBlockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Thank you for taking the time to visit this site and complete the
survey.