20220518 Ver 1_More Info Received_20220705

Strickland, Bev
From: Beasley, Troy <[e-mail]>
Sent: Tuesday, July 5, 2022 10:05 AM
To: Homewood, Sue; Norton, April R CIV USARMY CESAW (USA)
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy
Cary - Request for Extension of Submittal Deadline
Attachments: Legacy -Cary Twyla Rd DMS Acceptance rev2_2022-06-23.pdf
Follow Up Flag: Follow up
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Report Spam.
April/Sue,
I just realized that I didn't attach the revised NCDMS LOA for the updated mitigation. Please refer to the attached as the
correct mitigation LOA.
Troy Beasley
219 Station Road, Suite 101 I Wilmington, NC 28405
Office: 910.256.9277 I Direct: 910.509.6512
Mobile: [phone]
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Wednesday, June 22, 2022 12:49 AM
To: Homewood, Sue <[e-mail]>; Norton, April R CIV USARMY CESAW (USA)
<[e-mail]>
Cc: [e-mail]; Clark, Jim <[e-mail]>
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
April/Sue,
The formal response and all the attachments were 35 mb, which was too large to email. So I submitted the response
through NCDWR's Project Submittal Interim Form as a "More Information Response" and noted that the information
needed to be submitted to the USACE. I've attached the submission form for reference.
i

Please let me know if you have any questions or require any additional information to complete your review.
Thanks!
Troy Beasley
219 Station Road, Suite 101 I Wilmington, NC 28405
Office: 910.256.9277 I Direct: 910.509.6512
Mobile: [phone]
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
From: Homewood, Sue <[e-mail]>
Sent: Thursday, June 16, 2022 4:14 PM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Beasley, Troy
<[e-mail]>
Cc: [e-mail]; Clark, Jim <[e-mail]>
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
DWR also approves the extension request. Thank you
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, June 16, 2022 3:46 PM
To: Beasley, Troy <[e-mail]>; Homewood, Sue <[e-mail]>
Cc: [e-mail]; Clark, Jim <[e-mail]>
Subject: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension
of Submittal Deadline
2

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
The requested extension has been approved by the Corps.
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
From: Beasley, Troy <[e-mail]>
Sent: Thursday, June 16, 2022 2:57 PM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Sue Homewood
<[e-mail]>
Cc: [e-mail]; Clark, Jim <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Corps Request for Additional Information (SAW-2018-02111)
Legacy Cary - Request for Extension of Submittal Deadline
April/Sue,
We are currently working on our formal response to the request for additional information letters. We have received
comments from the Town of Cary that my slightly alter the impacts, which we are currently investigating. We want to
be certain if any changes to the impacts are necessary before submitting our formal response. Therefore, we are
requesting an extension of the response submittal deadline from 6/19/2022 to 6/24/2022 to allow time to evaluate
Cary's comments and ensure that our response includes any revisions to the proposed impacts.
Please respond confirming the extension of the response submittal deadline to 6/24/2022.
Thanks for your help and please let me know if you have any questions.
Troy Beasley
111
219 Station Road, Suite 101 I Wilmington, NC 28405
Office: 910.256.9277 I Direct: 910.509.6512
Mobile: [phone]
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
3

From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, May 19, 2022 12:05 PM
To: Beasley, Troy <[e-mail]>
Cc: [e-mail]
Subject: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary
Dear Troy Beasley,
Please submit the requested information attached (via e-mail is fine) within 30 days of receipt of this Notification.
Thank you,
April Norton
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
4

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Derek Boesch
Legacy Cary, LLC
25101 Chagrin Blvd, Suite 300
Beachwood, OH 44122
Project: Legacy -Cary (Twyla Rd)
NORTH CAROLINA
Environmental Quality
June 23, 2022
Expiration of Acceptance: 12/23/2022
County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the compensatory mitigation
credit you are requesting is summarized in the following table. The amount of mitigation required and
assigned to DMS for this impact is determined by permitting agencies and may differ from the amounts
shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Requested Credit
Cape Fear
03030002
Warm Stream
1,193
Cape Fear
03030002
Riparian Wetland
0.996
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28,. Thank
you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional
information, please contact [e-mail].
Sincerely,
At�t,u�
FOR James. B Stanfill
Asset Management Supervisor
cc: Troy Beasley, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
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o �nmmmenni w�a 919,707,8976