20211048 Ver 1_COE issue Re SAW-2021-01092 Notice of Incomplete_20210716

Strickland, Bev
From: Aliisa Harjuniemi <[e-mail]>
Sent: Friday, July 16, 2021 10:25 AM
To: Roden Reynolds, Bryan K CIV (USA)
Cc: [e-mail]; Johnson, Alan
Subject: [External] Re: [Non-DoD Source] Re: SAW-2021-01092_Old Mill Road Site/Belle Mar
(Notice of Incomplete Pre -Construction Notification)
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How about permitting this under NPW43 (Stormwater Management Facilities)?
Also, I can provide examples of similar projects that got authorized recently under NWP29 (for example SAW-
2019-02288).
Let us know if we need to set up a meeting to discuss this. Individual Permit for a low density project
yielding ten lots does seem an overkill, they do need to manage the stormwater quantity somewhere, and the
client does not have a year to wait.
On Fri, Jul 16, 2021 at 9:53 AM Roden Reynolds, Bryan K CIV (USA)
<[e-mail]> wrote:
Ms. Harjuniemi,
Yes, Nationwide Permit 3 does cover the "repair, rehabilitation, or replacement of any previously authorized,
currently serviceable structure or fill." However Nationwide Permit 3 does not cover maintenance activities
when they are change of use. If you review the historical aerials it clearly shows this open water feature was
constructed sometime in the late 1970s likely for agricultural uses; since there is no commercial or residential
developments in close proximity that would have utilized this pond as stormwater. In the PCN it clearly states
"the project proposes converting an on -site pond into a stormwater quantity management facility." This clearly
demonstrates change of use from the original purpose of the pond; therefore not qualifying to use Nationwide
Permit 3.
Therefore, please refer to my original email which provides you and the applicant 3 options to pursue to permit
the proposed project.
Thanks,
i

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]
From: Aliisa Harjuniemi <[e-mail]>
Sent: Friday, July 16, 2021 9:37 AM
To: Roden Reynolds, Bryan K CIV (USA) <[e-mail]>
Cc: [e-mail]; [e-mail]
Subject: Re: [Non-DoD Source] Re: SAW-2021-01092 Old Mill Road Site/Belle Mar (Notice of Incomplete
Pre -Construction Notification)
Bryan,
The existing dam is technically a previously authorized structure/fill (although below notification thresholds at
the time constructed) and NWP3 authorizes the repair, rehabilitation, or replacement of any previously
authorized, currently serviceable structure or fill. Additionally, minor deviations in the structure's
configuration or filled area, including those due to changes in materials, construction techniques, requirements
of other regulatory agencies, or current construction codes or safety standards that are necessary to make the
repair, rehabilitation, or replacement are authorized under NWP3.
However, similar projects have previously been authorized under NWP29 with no issues, as long as the project
does not propose using jurisdictional ponds for water quality treatment.
Thanks,
Aliisa
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On Fri, Jul 16, 2021 at 9:20 AM Roden Reynolds, Bryan K CIV (USA)
<[e-mail]> wrote:
Please explain how this would be considered a maintenance activity?
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]
From: Aliisa Harjuniemi <[e-mail]>
Sent: Friday, July 16, 2021 9:18 AM
To: Roden Reynolds, Bryan K CIV (USA) <[e-mail]>
Cc: [e-mail]; [e-mail]
Subject: [Non-DoD Source] Re: SAW-2021-01092_Old Mill Road Site/Belle Mar (Notice of Incomplete
Pre -Construction Notification)
Bryan,
In the past the Corps has approved utilizing pond for water quantity for several projects. The pond will not be
used for water quality treatment and therefore the pond will remain regulated.
Would you be willing to permit this under NWP3 instead?
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Alan, what are your thoughts on this?
Thanks,
Aliisa
On Fri, Jul 16, 2021 at 8:53 AM Roden Reynolds, Bryan K CIV (USA)
<Bryan. [e-mail]> wrote:
Ms. Bollero and Ms. Harjuniemi,
On July 1, 2021, we received the Pre -Construction Notification you submitted on behalf of Development
Solutions Group, LLC on a property located in Union County, North Carolina. I have completed my initial
review of the report and I have determined that is does not meet the conditions of Nationwide Permit 29.
a. Please refer to Nationwide Permit 29, Regional Condition (a) which states "discharges in
streams and wetlands for stormwater management facilities are prohibited under this NWP."
There was a PJD recently issued (05/24/21) for this site determined the open water pond as a
potential waters of the United States. Based on the 1987 Manual an open water is considered a
wetland which is inundated 100% of the time. Therefore, as currently proposed the project does
not meet the conditions of NWP 29. At this time, the request will be withdrawn.
PLEASE NOTE:
• The applicant has 3 options on how to proceed with this development:
Option 1 = Keep the project as proposed and apply for an Individual Permit as the project
does not meet the conditions of NWP 29; or
Option 2 = redesign the project and eliminate all impacts to waters of the United States that
are associated with stormwater control features; or
Option 3 = Drain the pond and wait at least 6 months but likely up to 1 year to let the pond
area re -naturalize and after that wait period conduct a delineation to determine what
features/areas have formed in the drained pond footprint. After the delineation, a permitting
path forward could be determined.
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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]
Aliisa Harjuniemi, PWS
Project Manager
Carolina Wetland Services, Inc.
550 E. Westinghouse Boulevard
Charlotte, NC 28273
Direct: 980-259-1222
Office: 704-527-1177
www.cws-inc.net
Aliisa Harjuniemi, PWS
Project Manager
Carolina Wetland Services, Inc.
550 E. Westinghouse Boulevard
Charlotte, NC 28273
Direct: 980-259-1222
5

Office: 704-527-1177
www.cws-inc.net
Aliisa Harjuniemi, PWS
Project Manager
Carolina Wetland Services, Inc.
550 E. Westinghouse Boulevard
Charlotte, NC 28273
Direct: 980-259-1222
Office: 704-527-1177
www.cws-inc.net
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