20220212 Ver 1_Correspondence_20220316

Strickland, Bev
From: Deborah Shirley <[e-mail]>
Sent: Wednesday, March 16, 2022 11:34 AM
To: Cohn, Colleen M
Subject: RE: [External] RE: Request for Additional Information (SAW-2019-01458) Solana
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I just sent it in again with the attachments, sorry for the confusion.
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Deborah Shirley
Sent: Wednesday, March 16, 2022 11:01 AM
To: Cohn, Colleen M <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information (SAW-2019-01458) Solana
Colleen,
Ugh, I just completed and submitted and totally forgot to attach the documents. If I do it again, with the same number
will it cause a problem?
Very sorry.
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
1

Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Cohn, Colleen M <[e-mail]>
Sent: Tuesday, March 15, 2022 4:46 PM
To: Deborah Shirley <[e-mail]>; Norton, April R CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Camden Brunick <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information (SAW-2019-01458) Solana
Hey Deborah,
I'm not going to be able to access those files using the link. Could you please upload them to Laserfiche using the "More
Information Response" Project Type in the Supplemental Information Form?
https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form
The DWR number for Solana is 20220212.
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Deborah Shirley <[e-mail]>
Sent: Tuesday, March 15, 2022 4:39 PM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Cc: Camden Brunick <[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: [External] RE: Request for Additional Information (SAW-2019-01458) Solana
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
April,
Thank you for your review and comments. We have been working with the applicant and the project engineer to
provide responses to your questions. We have provided responses in red font following your original requests and have
attached updated documents.
2

1) Open water impacts are proposed for the subject project which would result in the permanent loss of 0.36-acre
of waters of the United States due to a road crossing. The need for access is not disputed, however, the Corps
requires that avoidance and minimization is demonstrated to the maximum extent practicable as required by
Nationwide Permit General Conditions 23. For example, it appears that such impacts could be avoided or
minimized by replacing the proposed culvert with a bridge. Please provide additional information regarding
avoidance and minimization and bridge viability.
Per the applicant and project engineers, Horvath and Pulte looked at several different options for the Solana
crossing that would connect the east and west portions of the property as required by the City of Durham. Our
original plan was to locate the crossing approximately 1,500 feet south (upstream) of the final location (see 1st inset
below labeled "A"), however, when researching this location, the 100 year flood elevation change would have
caused a detrimental impact to the upstream properties. Our only practical alternative would be to cross further
downstream where any impacts to the floodplain would be contained to this site. The first location (see 2nd inset
below labeled "B") we chose to cross the wetlands worked best with our road network and lot layout but resulted in
more impacts than the final location (see 3rd inset below labeled "C") which has been submitted with this
permit. We skewed the crossing slightly to find the narrowest area of wetlands that we could cross and added
retaining walls to the greatest extent allowed by Durham. While this location did not work as well with our road
network and resulted in the loss of two lots, it provided a better alternative that resulted in less impacts. See link at
bottom of email for attached exhibit Solana Road Crossing Exhibit.
t
11
in j[� \]
3

STORTAWATBR
CONTROL
\;MEASURE /
AR
RRESERV4TION -BS
+ . -_ 9s PRESERVATION 85 -
r.4 AREA
4111
`SPACE
I i!ll1lliI i/\ AREA
111/
TREE f I OPEN .P TREE
H.
PRESERVATION ,•� PRESEiiVATION ..'
I fi sfORMWATER II SPACE it AREA
it\
t\k MEASURE TROL
_ -
- 5 r
rF. `I — OPEN
5.'. _ iKe Vag' s
5
SAVER PONW
ti
Additionally, per the applicant a bridge was also considered for this crossing, however it would have required a span of
over 300' to avoid this impact which would be cost prohibitive to the project. A shorter span bridge to reduce impacts
was also considered, however it would still have resulted in the loss of the same or potentially more of the higher quality
wetland areas (green cross hatch in below exhibit) located closer to the edges of the crossing where the bridge
abutments would be placed while only preserving the open water areas (red in below exhibit) in the middle of the
crossing. See image below for reference.
4

' s..;• ►� — -- "EP. ZONE 2 LFAIT - —
b S �
- - k• ;� --- BUFFER, ZONE 1 LI
*, a i ,
f Prp
L
�+ + /
,} a+ /
1
a
391xSSW xIUD PP
RAP APRON
TO BE KEYED IN TO
MATCH BUSTING GRADE
SS MAN
STOMA PIPE
BOX OL _ i E ST
OPEN WATER
FE' ..t= 4E4
' BUFFER. ZCHE 2 UMfT
Tr'
BLFFET%ZONE 1 LIMIT
•`4MANE' uM1r —
2) Cumulative stream impacts appear to exceed the 0.05-acre threshold. Nationwide Permits may not be used for
activities that may result in the loss of more than 0.05-acre of streambed. Please verify that the proposed
project would not result in a loss of more than 0.05-acre. Please include applicable calculations.
We requested that Horvath review the previous impacts and provide an impact table to summarize all of the proposed
impacts on one sheet. As a result, the stream impact were reduced from 620 LF/0.050 acres to 583 LF/0.047 acre of
permanent loss stream impacts. Please see link below for updated PCN application and Solana Impact Maps_20220210
Click here to access ShareFile: https://sandec.sharefile.com/d-
sd 1d0687233c24043b0ef99dfd0aed12f
We anticipate that this provides the responses needed for you to continue the review of the application. If you have any
questions or need any further information, please don't hesitate to call or email me at the below contact information.
Thank you,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
5

Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, March 4, 2022 11:42 AM
To: Deborah Shirley <[e-mail]>
Cc: Camden Brunick <[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: Request for Additional Information (SAW-2019-01458) Solana
Dear Deborah Shirley,
Thank you for your Preconstruction Notification (PCN) and attached information, dated 2/4/2022, for the above
referenced project. As discussed during our meeting on 3/2/2022, additional information is requested to ensure that
avoidance and minimization has been demonstrated to the maximum extent practicable. Your PCN included excellent
information regarding the proposed impacts; however, I need clarification before proceeding with verifying the use of
Nationwide Permits (NWPs) 29, 14, and 58.
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) Open water impacts are proposed for the subject project which would result in the permanent loss of 0.36-acre
of waters of the United States due to a road crossing. The need for access is not disputed, however, the Corps
requires that avoidance and minimization is demonstrated to the maximum extent practicable as required by
Nationwide Permit General Conditions 23. For example, it appears that such impacts could be avoided or
minimized by replacing the proposed culvert with a bridge. Please provide additional information regarding
avoidance and minimization and bridge viability.
2) Cumulative stream impacts appear to exceed the 0.05-acre threshold. Nationwide Permits may not be used for
activities that may result in the loss of more than 0.05-acre of streambed. Please verify that the proposed
project would not result in a loss of more than 0.05-acre. Please include applicable calculations.
• Should the steam impacts result in a loss of 0.05-acre of waters of the US as indicated in the PCN, a post -
construction (e.g., as -built) survey of impacts S1 — S25 must be conducted by a Register Professional
Land Surveyor (RPLS), within 30 days of completion of these Stream Impacts. This survey must include
the as -built footprint of fill material (e.g., culvert, headwall, rip rap pad) placed for and in association
with these Stream Impacts. The surveyed as -built fill material (e.g., culvert, headwall, rip rap pad)
footprint must be overlaid on top of the stream and wetland delineation as verified by the Corps. This
as -built survey must be submitted to the Corps, along with an itemized report calculating the amount
(linear feet) of Corps -verified stream channel within the as -built footprint of fill material (e.g., culvert,
headwall, rip rap pad) for Stream Impacts S1 — S25.
6

Note that, if based on the above, the project does not fit the terms and conditions of the NWP(s), the
Corps would pursue appropriate enforcement actions, including rescinding the use of the NWP(s). This
would be included as a special permit condition.
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,
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]
7