20141310 Ver 2_Project Update_20210222

Strickland, Bev
From: Pete Goria <petegoria1 @gmail.com>
Sent: Saturday, February 20, 2021 9:17 AM
To: [e-mail]
Cc: Patrick Smith; Homewood, Sue; Bob Zarzecki; Alexander Elkan
Subject: [External] Re: [Non-DoD Source] Re: RE_ Nationwide Permit 39 (After -the- Fact)_
McConnell Center - Lot 9_ McLeansville_ Guilford County_ SAW-2018-02038; DWR
Project No. 2014-1310v2; (S&EC Project No. 13795)
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Thank you for the detailed response and your offer to work with me as needed. I plan on getting the seeding and
mulching completed by March 15 and getting you the first required report. I told my contractor this is a must and to get
whatever kind of equipment necessary to finish on time.
I will keep you informed on our progress. Thanks Pete
Sent from my iPad
On Feb 19, 2021, at 2:52 PM, Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Hi Mr. Goria, and thank you for your email. Yes, I am aware of the proposed/impending reissuance of
several of the Nationwide Permits and activities related to it. Luckily this will not affect the parts of your
project pertaining to the few remaining items to complete.
As far as the commercial building we authorized as part of your after -the -fact Nationwide Permit (NWP)
39, generally speaking you would have 1 year after the expiration of NWP 39 to complete the work. That
is, either the work would need to be complete by mid -March 2022 if the new Nationwide Permits are
issued next month, or by mid -March 2023 if the administration withdraws the new Nationwide Permits.
If you do not complete the permitted activity within that timeframe then you would need to re -apply to
authorize the project under the new set of Nationwide Permits. If it appears that the commercial
building and attendant features authorized by your current permit would not be completed within 1
year of when NWP 39 expires, please let me know and I will discuss the process for getting those
impacts re -authorized.
Things are a bit confusing right now while these issues are being resolved at a national level, but we will
work with you as needed. Thank you as always for your cooperation and coordination.
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: David. [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: Pete Goria <[e-mail]>
Sent: Friday, February 19, 2021 11:46 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Patrick Smith <[e-mail]>; Homewood, Sue <[e-mail]>; Bob Zarzecki
<[e-mail]>; Alexander Elkan <[e-mail]>
Subject: Re: [Non-DoD Source] Re: RE_ Nationwide Permit 39 (After -the -Fact)_ McConnell Center - Lot
9_ McLeansville_ Guilford County_ SAW-2018-02038; DWR Project No. 2014-1310v2; (S&EC Project No.
13795)
Good Morning David
I received this notice below from an associate and just want to make sure it does not affect our existing
permit. I am sure you are aware of this new ruling. As I read it, I do not think it will effect my permit but I
just want to make sure by checking with you. I am so close to the finish line and I do not want anything
to go wrong at this point as it has been a long and expensive journey.
I also want to inform you that our site remains stable even though we have been receiving an
unprecedented amount of rain. With 24 days left on our extension I am hoping for some dry warm
weather so that we can complete our work. For sure we are due some nice weather ! Thanks again for
all the cooperation you have given us on this project and I am looking forward to finishing this project
soon. Pete
On January 13, 2021, the U.S. Army Corps of Engineers (USACE) published their Final Rule to
modify and reissue twelve (12) existing Nationwide Permits (NWPs) and to authorize four (4)
new NWPs. The Final Rule and details on the NWP changes can be found here.

The Final Rule included an effective date of March 15, 2021 for the new NWPs. However, the
new Administration has placed a 60-day governmentwide freeze on implementation of all
pending regulations in the federal register with details listed here. As a result, the 2021 NWP
effective date will be frozen until at least March 20, 2021. During this regulatory review period,
implementation of new NWPs could be withdrawn or modified through the Corps' rulemaking
processes before it ever takes effect. We will continue to follow any new developments.
To review the current NWPs which will be impacted, click the button below.
What does this mean?
i. Projects authorized under the NWPs identified using the link above will expire on March
14, 2021, unless the final rule is revoked or revised.
2. If your project is currently authorized under one of the expiring NWPs, your project may
qualify for a 1-year extension (through March 14, 2022) if your project schedule
meets either of the following conditions:
3

o The project will have commenced work by March 14, 2021 or
o The project has a signed contract to commence work by March 14, 2021.
*Note: If your project qualifies for an extension due to the conditions above, the activity must be
complete within 12 months of the date of the NWP expiration, modification or revocation unless
discretionary authority has been exercised by a division or district engineer on a case -by -case
basis.
3. If your project does not meet either condition above and the final rule is not revoked or
revised during the 60 day freeze, your permit will expire on March 14, 2021 and you will
need to reapply for coverage under the new NWPs once they become effective (on
or after March 15, 2021).
Sent from my iPad
On Jan 26, 2021, at 3:48 PM, Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Hello Mr. Goria, and thank you for your email. The reasoning for your extension request
makes sense, and the Corps hereby extends the required completion date to 3/15/2021,
for the remaining activities referenced by Special Conditions 2 and 4 of our NWP 39
verification dated 4/21/2020. Please continue to keep us informed as these activities
proceed, and let me know if you have any questions.
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
4

3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [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: Pete Goria <[e-mail]>
Sent: Monday, January 25, 2021 11:17 AM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: Patrick Smith <[e-mail]>; Homewood, Sue
<[e-mail]>; Bob Zarzecki <[e-mail]>; Alexander
Elkan <[e-mail]>
Subject: [Non-DoD Source] Re: RE_ Nationwide Permit 39 (After -the -Fact)_ McConnell
Center - Lot 9_ McLeansville_ Guilford County_ SAW-2018-02038; DWR Project No.
2014-1310v2; (S&EC Project No. 13795)
Good Morning David:
This is an up date of the activities performed since the extension that you granted in
December. As you know we have experienced extremely wet weather in December and
January and we have been monitoring the site almost on a daily basis in anticipation of
getting our work completed. We finally received a break in the wet weather this past
week and on Saturday January 23 our crew went to work to finalize our construction
work. With no rain and the frozen ground we were able to install all of the required
riprap and stabilize the area at the dam breach. I will send you pictures of the
completed work in a separate email. The entire site is now well stabilized and in
excellent condition. Basically all we have left to complete is sowing the wetland mix and
removing the baffles which we left in for extra erosion control until the restored
wetland area is seeded.
Our Landscaper is Sides Seeding & Erosion Control in Lexington N C - Dennis Houle.
Dennis has the wetland mix on hand and is ready to complete his work when the
weather permits. Talking with Dennis he feels this is not the best time to plant for
several reasons.
The wet weather ( raining again today) hampers him in doing a properjob in addition to
the cold and freezing weather and for this reason has asked me to request an extension
so that his company can do a satisfactory job with good results for USACE. He feels that
late February would be the best time ( hopefully dry) to complete his work and get the
germination started in March. It would be greatly appreciated if you would extend to
March 15 for completion of the seeding and mulching.
Thank you in advance for your cooperation. Pete
Sent from my iPad