20220033 Ver 1_USACE More Info Request_20220126

Strickland, Bev
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, January 26, 2022 1:30 PM
To: [e-mail]
Cc: Homewood, Sue; Barry Siegal
Subject: [External] Request for Additional Information: SAW-2022-00037 (Dillon Ridge
Subdivision / 1898 Cude Road / Colfax NC / Guilford County)
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John,
Thank you for your PCN, dated 1/3/2022, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permit (NWP) 29 (https://saw-
reg.usace.army.mil/NWP2021/NWP29.pdf). Please submit the requested information below (via e-mail is fine) within 30
days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide Permit or consider
your application withdrawn and close the file:
1) Your PCN included proposed impacts to streams and wetlands, however these and other potentially
jurisdictional boundaries have not been verified by the Corps. Although partial delineation information was
included in your PCN (i.e. three NCDWR Stream Forms), additional delineation information was not included,
namely a delineation map of the overall property proposed for development, Wetland Determination Data
Forms, pictures, and other descriptive information necessary to enable the Corps to confirm the boundaries of
potential waters of the US. Per NWP 29 General Condition 32(b)(5), this information is necessary to begin
processing your request to verify the use of this NWP; as such your PCN is considered on hold until this
information is provided. Note also that a site visit may be required to verify your delineation of potential waters
of the US. Further, additional revisions may be required on the PCN and plans based on the final Corps -verified
boundaries of potential waters of the US;
2) Provide a plan view of the lot layout and infrastructure (roads, utilities [including the extent of the proposed 8"
sanitary sewer], stormwater, etc.) for the entire proposed Dillon Ridge s/d development, overlaid on a survey of
the stream and wetland delineation approved by the Corps. This plan is necessary to evaluate avoidance and
minimization measures and potential indirect impacts for the project;
3) Item 1 above notwithstanding, your PCN currently proposes 0.135 acre of permanent wetland impacts for a
proposed "Wet Detention Pond." Per NWP 29 Reginal Condition C.a, discharges in streams and wetlands for
stormwater management facilities are prohibited under this NWP. Further, the only other applicable NWP that
could authorize such discharges is NWP 18. However, the proposed permanent wetland impacts related to the
Wet Detention Pond exceed the maximum wetland impact threshold under NWP 18 (0.1 acre). As such, please
further avoid or minimize wetland impacts per NWP General Condition 23(a) and (b) to fit within the NWP
impact thresholds, noting that many other facility types are available to meet stormwater requirements other
than wet detention ponds. Otherwise, you must apply for the proposed impacts via the Individual Permit
process;
4) Item 3 above notwithstanding, your proposed wetland impacts exceed the compensatory mitigation threshold
(i.e. 0.1 acre) per NWP General Condition 23(c). As such, compensatory mitigation would be required for all
permanent wetland impacts; compensatory mitigation is typically required at a 2:1 ratio unless otherwise
justified based on resource quality (NCWAM/NCSAM). The Corps mitigation rule generally prescribes purchasing
mitigation credits first through a mitigation bank with appropriate (riparian non-riverine) wetland credits
available in this 8-digit HUC (03030002). It is our understanding that there are appropriate wetland credits
available within this HUC from mitigation banks (see the RIBITS webpage:

https://ribits.ops.usace.army.mil/ords/f?p=107:2 ) If such credits are unavailable in this HUC, the rule then
generally prescribes purchasing these credits through the NCDMS. In either case, please provide a mitigation
acceptance letter from your proposed compensatory mitigation provider;
5) Per NWP General Condition 18, and given recent USFWS concerns regarding suitable small whorled pogonia
habitat, please complete a pedestrian survey for these species (during the appropriate surveying window) within
the Corps ESA action area. In this case, the Corps ESA action area would be contained within a 100 foot radius of
the footprint of proposed impacts to waters of the US, including the currently proposed footprint and any
revised footprint if project plans are changed per the above items. Following the survey, please provide the
survey report to the Corps (copy also the USFWS) for review. Of course, if you do not believe that any suitable
habitat exists in the Action area for these species, please provide a justification so that the Corps could evaluate
the potential for a No Effect determination;
6) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project;
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
Office: [phone], Ext. 30.
Mobile: [phone]
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: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: RaleighNCREG <[e-mail]>
Sent: Tuesday, January 4, 2022 9:54 AM
To: [e-mail]
Cc: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Thames, Joyce A CIV USARMY CESAW
(USA) <[e-mail]>
Subject: SAW-2022-00037 (Dillon Ridge Subdivision / 1898 Cude Road / Colfax NC / Guilford County)
Good Morning,
Your Pre -Construction Notification (PCN) NWP request has been received, assigned action ID SAW-2022-00037 and
forwarded to Mr. Dave Bailey for further processing.
Please refer to the action ID in all correspondence.
Thank you,
Josephine Schaffer
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