20190145 Ver 2_PCN_Permitting update_Corps_20210401

Carpenter,Kristi
From:Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent:Thursday, April 01, 2021 11:13 AM
To:Wesley Kimbrell; Wanucha, Dave
Cc:Cindy Lancaster
Subject:\[External\] RE: Springside PCN/Permitting update_Corps
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Dave,

I've spoken with Cindy and am on board with them utilizing a NWP 14 for this project. Considering the purpose is to
protect the integrity of the linear transportation crossing, and given its public safety hazard, I am fine with the 14.
Please let me know if you have any additional questions/concerns.

Best Regards,
Sam

Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 22
[e-mail]

-----Original Message-----
From: Wesley Kimbrell <[e-mail]>
Sent: Thursday, April 01, 2021 10:44 AM
To: Wanucha, Dave <[e-mail]>; Williams, Andrew E CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Cindy Lancaster <[e-mail]>; Dailey, Samantha J CIV USARMY CESAW (USA)
<[e-mail]>
Subject: \[Non-DoD Source\] RE: Springside PCN/Permitting update

Samantha Dailey was notified on 3/31/21 via email from Cindy Lancaster regarding this.

Thanks,

Wesley Kimbrell, PE

1

Stormwater Engineer

Village of Clemmons

P: [phone]

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From: Wanucha, Dave <[e-mail]>
Sent: Thursday, April 1, 2021 10:41 AM
To: Wesley Kimbrell <[e-mail]>; Williams, Andrew E CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Cindy Lancaster <[e-mail]>
Subject: RE: Springside PCN/Permitting update

Wes/Andy,

Checking in to determine if a new Corps rep has been brought up to date? We’re trying to finalize project permitting
issues from last quarter.

Thanks.

Dave W.

Division of Water Resources

401 & Buffer Transportation Permitting

NC Department of Environmental Quality

336-776-9703 office

336-403-5655 mobile

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

2

NC DEQ Winston Salem Regional Office

450 West Hanes Mill Road, Suite 300

Winston Salem, NC 27106

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

From: Cindy Lancaster <[e-mail] <mailto:[e-mail]> >
Sent: Tuesday, March 23, 2021 7:59 AM
To: Wanucha, Dave <[e-mail] <mailto:[e-mail]> >; Williams, Andrew E CIV
USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Cc: 'Wes Kimbrell' <[e-mail] <mailto:[e-mail]> >
Subject: Springside PCN/Permitting_final

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Andy/Dave –

I wanted to follow up on yesterday’s emails and my phone conversation with Andy yesterday so we’re all on the same
page. I’m also adding Wes Kimbrell, who is managing this project at the Village of Clemmons.

From the Village’s perspective, the project objective is to protect and maintain a public road that is frequently
overtopped, causing erosion on the downstream embankment and requiring multiple efforts from the Village to protect
the slopes by adding riprap and/or concrete rubble. Draining the pond and putting in the lower outlet isn’t proposed in
order to enhance the residential neighborhood, but as part of the Village’s responsibility for maintaining its roads.

Dave/Wes –

3

Since this is Andy’s last week in handling the permitting for Forsyth County, he is planning to try and connect today with
whoever is being newly assigned to Forsyth so that they can discuss how to best move forward on permitting the
modified plans.

Thanks,

Cindy

Cynthia C. Lancaster, P.E.

Project Manager / Water Resources Engineer

Office: [phone], Ext. 102

Mobile: [phone]

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

LJBinc.com
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From: Wanucha, Dave <[e-mail] <mailto:[e-mail]> >
Sent: Monday, March 22, 2021 4:36 PM
To: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]
<mailto:[e-mail]> >; Cindy Lancaster <[e-mail]
<mailto:[e-mail]> >
Subject: RE: \[External\] RE: Springside PCN/Permitting

4

EXTERNAL MESSAGE – TREAT LINKS/FILES WITH CARE

Cindy,

I agree with Andy in that a NW29 seems to fit this project the best, regardless of the permit type that was previously
issued. Our General Certification (GC) that applies to a NW29 is 4256. The pertinent thresholds that require a written
individual 401 under a 4256 from DWR are outlined in the screenshot attached. The full GC can be found at the link
below. Since you are draining the pond (open waters per “c” in the attached) completely, resulting in 1.32 acres of
permanent impacts, a written individual permit will be required from DWR. This is not problematic, but it will take more
time to be issued because of new public notice requirements. Please note “f” in the attached, but I think you have that
one covered.

If you decide to submit as a NW29, we will work with you to streamline the application process the best we can.

https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/general
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resources%2fwater-quality-permitting%2f401-buffer-permitting-
branch%2fgeneral&c=E,1,2XR8ZHiJ0Bt1ICzLgcN_bvJ9IbBLc77FVEvIC5ILfLEeCeBVQ4MKHVQm2OerPXkL8CoNOGJLRxpbNS
lwucqlSYXZDWiVRNgHJHqunSiIFnMeAm2tow,,&typo=0>

Thanks, and let me know if you have any further questions.

Dave W.

Division of Water Resources

401 & Buffer Transportation Permitting

NC Department of Environmental Quality

336-776-9703 office

336-403-5655 mobile

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

NC DEQ Winston Salem Regional Office
5

450 West Hanes Mill Road, Suite 300

Winston Salem, NC 27106

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

From: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]
<mailto:[e-mail]> >
Sent: Monday, March 22, 2021 3:26 PM
To: Cindy Lancaster <[e-mail] <mailto:[e-mail]> >; Wanucha, Dave
<[e-mail] <mailto:[e-mail]> >
Subject: \[External\] RE: Springside PCN/Permitting

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

Cindy/Dave,

I’m not so sure a NWP 14 works either. That NWP is for linear transportation projects. It authorizes, activities required
for crossings of waters of the United States associated with the construction, expansion, modification, or improvement
of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the
United States. NWP 29 authorizes, authorizes the construction of building foundations and building pads and attendant
features that are necessary for the use of the residence or residential development. Attendant features may include but
are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and
recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of
the residential development).

It seems this pond/lake would more accurately fit the description of an attendant feature of the subdivision. I still thing
it would fit best under the NWP 29 or, as we discussed last week, maybe a NWP 27, but you all would need to
demonstrate some ecological lift.

6

The 16 NWP’s that were re-issued (or issued for the first time) went into effect on 15 March 2021. The remaining NWP’s
(that weren’t affected, still have the same issue date of March 19, 2017 with an expiration date of March 19, 2022.

Please feel free to give me a call to discuss (either or both of you).

Andrew Williams

Regulatory Project Manager

US Army Corps of Engineers

Wilmington District, Raleigh Regulatory Field Office

3331 Heritage Trade Drive, Suite 105

Wake Forest, North Carolina 27587

919-554-4884 ext. 26

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From: Cindy Lancaster <[e-mail] <mailto:[e-mail]> >
Sent: Monday, March 22, 2021 2:54 PM
To: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]
<mailto:[e-mail]> >
Cc: Wanucha, Dave <[e-mail] <mailto:[e-mail]> >
Subject: \[Non-DoD Source\] Springside PCN/Permitting

Andy –

I spoke with Dave earlier today and it turns out that using an NWP29 for permitting the Springside project would be
problematic since it is one of the 2021 newly re-issued permits NWPs. It would require a longer process for DEQ
approval of the modification, due to changes in the public notification requirements (at least that’s my understanding).
7

Since the Springside project doesn’t actually involve or even facilitate residential development, but instead is aimed at
protecting the public safety of the roadway – can the work be permitted under an NWP14? The original PCN was
submitted listing NWP 14 – and that’s how DEQ handled the permitting -- but the Corps approval was issued as NWP3. I
am not sure whether I never realized that change was made – or whether I just failed to make sure DEQ was made
aware of the change.

Let us know what needs to happen for the modification approval process to move forward in regard to the Corps. Dave
says he can work around the PCN electronic submittal system if needed. I think the submittal date in the DEQ system is
probably 3/18 – the date we were notified of a required payment, and the payment was made and processed.

Thanks,

Cindy

Cynthia C. Lancaster, P.E.

Project Manager / Water Resources Engineer

Office: [phone], Ext. 102

Mobile: [phone]

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

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