20211449 Ver 1_Revised Approval Letter Email_20220527

Strickland, Bev
From: Cohn, Colleen M
Sent: Friday, May 27, 2022 5:02 PM
To: Beasley, Troy; Lawrence Lane
Cc: [e-mail]
Subject: RE: [External] RE: Request for Additional Information: Atwater Station Subdivision /
Fuquay-Varina / Wake County / SAW-2019-02194 / NWP 29 Submittal
Attachments: 21-1449 Atwater Station SD_IP29_Wake_revised2.pdf
Attached!
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: Beasley, Troy <[e-mail]>
Sent: Friday, May 27, 2022 2:13 PM
To: Cohn, Colleen M <[e-mail]>
Cc: [e-mail]
Subject: RE: [External] RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake
County / SAW-2019-02194 / NWP 29 Submittal
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thanks Colleen! I really appreciate it!
Have a great long weekend!
Troy
From: Cohn, Colleen M <[e-mail]>
Sent: Friday, May 27, 2022 2:11 PM
To: Beasley, Troy <[e-mail]>
Cc: [e-mail]
Subject: RE: [External] RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake
County / SAW-2019-02194 / NWP 29 Submittal
Literally sent this over to Scott to sign earlier today! I apologize for the inconvenience, and thank you for your patience!
Colleen Cohn
Environmental Specialist II
1

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: Beasley, Troy <[e-mail]>
Sent: Friday, May 27, 2022 2:08 PM
To: Cohn, Colleen M <[e-mail]>
Cc: [e-mail]
Subject: [External] RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County /
SAW-2019-02194 / NWP 29 Submittal
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Colleen,
Following up on the status of the revised 401. We have hit critical timeframes as other approvals are being delayed until
we can provide the 404/401 permits. This is now affecting the permittee's ability to start construction of the project,
which in turn has significant financial implications. We desperately need the revised 401, which will allow Dave Bailey to
issue the 404 permit as well.
Can you please let me know when you anticipate issuing the revised 401. My client is frustrated with my inability to
provide any update on the status of issuance of the 404/401 permits. Please let me know if there is anything that I can
do to help you with getting the revised 401 issued.
Thanks.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Thursday, May 19, 2022 11:11 AM
To: Cohn, Colleen M <[e-mail]>
Cc: Dave Bailey ([e-mail]) <[e-mail]>
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Subject: FW: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good morning Colleen. I apologize for constantly bugging you about this, but we desperately need the revised
401. Dave Bailey can't issue the 404 until you've issued the revised 401. And at this point, we've got other approvals
being held waiting on the 404/401, and now the entire project construction timeline is being affected which has
significant financial implications.
Please let me know if there's anything I can do to help.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
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x
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CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Friday, May 13, 2022 11:02 AM
To: Cohn, Colleen M <[e-mail]>
Subject: FW: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good morning Colleen. Just pulling this to the top of your inbox. We really need this permit ASAP.
Thanks!
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley©withersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE
3

From: Beasley, Troy
Sent: Wednesday, April 27, 2022 10:26 AM
To: Cohn, Colleen M <[e-mail]>
Subject: FW: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good morning Colleen. Just pulling this to the top of your email. We have now hit critical points in the project schedule
and the 401/404 permits are now holding up municipal approvals. I need the revised 401 ASAP so Dave Bailey can issue
the 404.
Thanks.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Monday, April 25, 2022 8:07 AM
To: Cohn, Colleen M <[e-mail]>
Subject: FW: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good morning Colleen. Just pulling this to the top of your inbox.
Troy
From: Beasley, Troy
Sent: Wednesday, April 20, 2022 9:37 AM
To: Cohn, Colleen M <[e-mail]>
Subject: FW: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good morning Colleen. Just bringing this to the top of your inbox. We really need the revised permit ASAP so the
USACE can also issue the 404 permit. We have numerous other approvals that can't be issued until we provide the
404/401 permits, which is about to cause significant delays in the project schedule.
My client is asking for an update. Can you please let me know when you expect to get us the revised 401?
4

Thanks.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
x
x
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CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Tuesday, April 12, 2022 12:04 PM
To: Cohn, Colleen M <[e-mail]>
Subject: FW: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good afternoon Colleen. Just bringing this to the top of your inbox.
Thanks!
Troy
From: Beasley, Troy
Sent: Wednesday, April 6, 2022 8:27 AM
To: Cohn, Colleen M <[e-mail]>
Subject: FW: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good morning Colleen. Just bringing this to the top of your inbox.
Troy
From: Beasley, Troy
Sent: Monday, March 21, 2022 3:40 PM
To: Cohn, Colleen M <[e-mail]>
Cc: Dave Bailey ([e-mail]) <[e-mail]>
Subject: RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Good afternoon Colleen. On 2/23/2022 we submitted (via email) the revised impact and mitigation information as a
result of the removal of the lots within the secondarily impacts wetland area. In the email below dated 3/9/2022, Dave
Bailey noted an discrepancy in the impact quantities between the PCN Wetland Impact table I provided and the revised
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impact maps. In the 3/9/2022 email below, I specified that the error was in the PCN Wetland Impact Table, and
submitted the revised table with the correct impact quantities, which is also attached to this email.
You had previously issued a revised 401 WQC on 3/1/2022, which was before the USACE notified us of the error in the
impact totals. So the impact totals for Impacts W1 & W2 need to be revised in the 401 WQC. Per Dave's email below,
he's ready to issue the NWP 29 once the revised 401 WQC has been issued. I apologize for this being the 3rd time you've
had to go back to this 401 WQC.
Thanks for your help. Let me know if you have any questions.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
x
x
x
CONFIDENTIALITY AND NONDISCLOSURE
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, March 9, 2022 1:17 PM
To: Beasley, Troy <[e-mail]>
Subject: RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Understood, Troy. Thanks for the follow-up. Everything on my end is ready to go. I'll issue the NWP verification as soon
as Colleen can issue to revised 401.
-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/
6

Thank you for taking the time to visit this site and complete the survey.
From: Beasley, Troy <[e-mail]>
Sent: Wednesday, March 9, 2022 12:25 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: Atwater Station Subdivision /
Fuquay-Varina / Wake County / SAW-2019-02194 / NWP 29 Submittal
Dave,
I thought I had already sent this info, but it was sitting in my draft emails. My apologies for the delay.
I went back and looked and the Overall Impact Table in the impact exhibits are correct, and the error was in my PCN
impact table. I have attached the revised PCN Impact Table.
The revised mitigation requirements are:
Proposed Wetland Mitigation Table
Impact Type
Total Impacts
Mitigation Ratio
Proposed Mitigation
Permanent Direct Impacts
Impacts W1, W3 & W4
0.097
2:1
0.194 acres
Secondary Indirect Impacts
Impact W2
0.377
1:1
0.377 acres
Total Proposed Wetland Mitigation
0.571 acres
The previously submitted (and also attached) Statement of Availability (SOA) from Wildlands Holdings specified a total of
0.95 acres of wetland mitigation was available for this project. Since the SOA specifies more mitigation than is required,
a new SOA is not needed. Upon issuance of the NWP 29, Wildlands Holdings will provide a total of 0.571 acres of
wetland mitigation for this project.
Colleen — my sincere apologies, but it looks like you'll need to revise the 401 WQC again to reflect the correct impact
areas noted in the attached PCN Impact Table.
Please let me know if you have any questions.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
CONFIDENTIALITY AND NONDISCLOSURE
7

From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, March 9, 2022 11:40 AM
To: Beasley, Troy <[e-mail]>
Subject: RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Hi Troy. Per our conversation yesterday afternoon, has there been any resolution in the discrepancy between the PCN
table and project plans re: Wetland Impacts W1 and W2?
Impact W1
Impact W2
PCN table Impacts (ac)
0.032
0.382
Plan Sheet Impacts (ac)
0.037
0.377
In case it matters, I scaled the impacts out on the plan sheet and the impact footprint matches the impacts reported on
the plan sheet.
The total wetland impacts are the same between the two versions, but the difference matters in this case for 2 reasons:
1) The mitigation ratios differ between the two (2:1 for W1, 1:1 for W2), and so the required total mitigation
amounts differ as well;
2) The revised Individual 401 authorizes the impact amounts shown in the PCN table, and another 401 revision
would be needed if the plan sheet impacts are correct.
Otherwise, I'm ready to issue the NWP verification. So please let me know as soon as you can. Thanks.
-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: Beasley, Troy <[e-mail]>
Sent: Wednesday, February 23, 2022 9:21 PM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: Atwater Station Subdivision /
Fuquay-Varina / Wake County / SAW-2019-02194 / NWP 29 Submittal
Dave,
8

Per your email below, we have removed the additional lots within the secondarily impacted portions of Wetland A. I
have attached the following:
• Revised Wetland Impact Maps — Wetland impacts have been updated to eliminate the additional lots in Wetland
A. Wetland impact numbers/impact areas have been revised to reflect the combination of the two secondary
impact areas within Wetland A as Impact W2, where they were broken our separately in the 1/17/2022
submittal as Impacts W2 & W3.
• Revised PCN Wetland Impact Table
• Buffer Impact Maps —The buffer impacts have not changed from the PCN submitted on 1/17/2021.
Additionally, we acknowledge that a 2:1 mitigation ratio is required for the 0.092 acres of permanent wetland impacts
(Impacts W1, W3 & W4) and a 1:1 mitigation ratio for the 0.382 acres of secondary wetland impacts (Impact W2). Below
is the revised Proposed Mitigation Table:
Proposed Wetland Mitigation Table
Impact Type
Total Impacts
Mitigation Ratio
Proposed Mitigation
Permanent Direct Impacts
Impacts W1, W3 & W4
0.092
2:1
0.184 acres
Secondary Indirect Impacts
Impact W2
0.382
1:1
0.382 acres
Total Proposed Wetland Mitigation
0.566 acres
The previously submitted (and also attached) Statement of Availability (SOA) from Wildlands Holdings specified a total of
0.95 acres of wetland mitigation was available for this project. Since the SOA specifies more mitigation than is required,
a new SOA is not needed. Upon issuance of the NWP 29, Wildlands Holdings will provide a total of 0.566 acres of
wetland mitigation for this project.
Thanks for your help with this project. If you require any additional information to complete your review, please let me
know.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
CONFIDENTIALITY AND NONDISCLOSURE
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, January 24, 2022 12:54 PM
To: Beasley, Troy <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; Lawrence Lane <[e-mail]>
9

Subject: RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Troy,
Thank you for your updated PCN, dated 1/17/2022, for the above referenced project. I have reviewed the information
and consider items 2-5 from my previous request for additional information resolved. However, additional information is
needed on item 1 from my request before proceeding with verifying the use of Nationwide Permit (NWP) 29
(https://saw-reg.usace.army.mil/NWP2021/NWP29.pdf). Specifically:
1) The information you provided indicates that, as currently designed, it is not practicable to avoid indirect impacts
to portions of Wetland A downstream of proposed White Rail Drive via maintaining up -drainage surface flow.
Your current proposal concedes these indirect impacts with proposed compensatory mitigation, but also
proposes additional direct impacts in this area via the addition of four residential Lots. It is clear from the initial
proposal that these four lots are not necessary to maintain the viability of the Atwater Station project, and
therefore the addition of these four Lots does not avoid and minimize adverse effects to waters of the US to the
maximum extent practicable; as this step in the mitigation hierarchy precedes compensatory mitigation for
impacts, the proposal does not comply with NWP 29 General Condition 23. However, after further discussion
within the Corps of Engineers Raleigh Regulatory Field Office, and given the uncertainty of the magnitude of
indirect impacts to Wetland A through the reduction in surface hydrology (i.e. reduction in wetland function vs.
loss of waters), a compensatory mitigation ratio of 1:1 for the 0.382 acre (e.g. 0.269 acre + 0.113 acre) of
reasonably foreseeable indirect wetland impacts is appropriate in this case.
Note that a compensatory mitigation ratio of 2:1 is still appropriate for the 0.092 acre of direct permanent
wetland impacts proposed elsewhere on this project.
If there are no other questions or proposed changes, please update the project proposal accordingly (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.
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: Beasley, Troy <[e-mail]>
Sent: Monday, January 17, 2022 11:05 PM
10

To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; Lawrence Lane <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: Atwater Station Subdivision /
Fuquay-Varina / Wake County / SAW-2019-02194 / NWP 29 Submittal
Dave,
Attached is the revised NWP 29 PCN which includes all attachments, revised impact maps and mitigation LOA. Please
confirm that you received this.
Thanks!
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Monday, January 17, 2022 11:02 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; Lawrence Lane <[e-mail]>
Subject: RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Dave,
Attached is our formal response to your original email, dated 11/5/2021, requesting additional information. Due to the
revisions to the proposed impacts, I also submitted a revised NWP 29 PCN through the NCDWR online Project Submittal
Interim Form for "More Information Response" which includes the revised impact maps as well as an updated cover
letter addressing the revisions to the impacts as a result of the request for additional information and our phone
conversation. I'm not sure how long it will take NCDWR to process the submittal and send you a copy of the revised
NWP 29 application, so I will send the complete application in a separate email due to the size of the file (20 mb).
Please review the attached response and revised NWP 29 application and let me know if you have any questions or
would like to discuss further.
Thanks for your help with this project.
Troy Beasley
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219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley©withersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, December 28, 2021 8:01 AM
To: Beasley, Troy <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; Lawrence Lane <[e-mail]>
Subject: RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
Thanks for the heads up, Troy. This is unfortunate, as I know we both hoped this issue would be fairly simply resolved by
allowing existing drainage to reach this wetland area via culvert. While I understand the idea of adding additional lots in
this area to offset the cost of mitigation, the requirement to avoid and minimize impacts to waters of the US including
wetlands to the maximum extent practicable (NWP General Condition 23 a and b) becomes difficult to show when it is
clear that designing Lots in wetlands is not necessary to make the project feasible. Before spending too much time on
this effort, has NCWAM been run on this wetland area? Also, as we discussed there is uncertainty as to the magnitude of
the effect of rerouting drainage area on the wetland (without long term monitoring), and mitigating for a reduction in
wetland function (if there is a good chance that the area will still remain a wetland) rather than a loss of wetland may be
justified.
It's probably easiest to discuss this over the phone, so feel free to call me at [phone] so we can make sure we're
on the same page.
-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.
12

From: Beasley, Troy <[e-mail]>
Sent: Thursday, December 23, 2021 10:08 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Lawrence Lane
<[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: Atwater Station Subdivision /
Fuquay-Varina / Wake County / SAW-2019-02194 / NWP 29 Submittal
Dave/Colleen,
In regards to Item 1 in your email below, after meeting with the engineers and client, it was determined that due to the
location and depths of the water line and storm sewer, a culvert could not be reasonably installed under the White Rail
Drive connector to convey flow from the offsite drainage area into Wetland A. Additionally, since White Rail Drive will
become a Fuquay-Varina public road, it further complicates designing a culvert under the road due to future
maintenance concerns along with the design issues. So at this point, we can't alleviate the condition resulting in the
secondary impacts to Wetland A you noted in your comment.
Therefore, since the applicant is conceding that Wetland A would be secondarily impacted by the development and
would be required to provide compensatory mitigation for the secondary impacts to Wetland A, we are revising the site
plan to include an additional 4 lots which will permanently impact the northern portion of Wetland A, with the
remaining area of Wetland A assessed as a secondary impact, and compensatory mitigation will be provided for both the
direct and secondary impacts.
Our engineers are currently working on revising the impact maps, and I will be submitting a revised PCN with the specific
responses to the items in your email below. I hope to have our response and revised PCN submitted by January
29th. Therefore, we are formally requesting an extension to the response period to 1/7/2022.
Please let me know if you have any questions.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Wednesday, November 24, 2021 1:25 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Lawrence Lane
<[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: RE: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-
2019-02194/ NWP 29 Submittal
13

Dave,
Thanks for the phone call last week to go over the items in your email below. We will plan on submitting our formal
response next week, along with the request for the change in authorization request from a NWP 29 to a NWP 14 & 18.
I hope you have a happy thanksgiving!
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: [phone]
tbeasley@withersravenel. com
CONFIDENTIALITY AND NONDISCLOSURE
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, November 5, 2021 3:02 PM
To: Beasley, Troy <[e-mail]>; Lawrence Lane <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: Request for Additional Information: Atwater Station Subdivision / Fuquay-Varina / Wake County / SAW-2019-
02194 / NWP 29 Submittal
All,
Thank you for your PCN, dated 10/1/2021 (complete application received 10/22/2021), 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-reR.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) Based on proposed grading and wetland fill and re-routing of drainage, the project would eliminate the drainage
area/hydrology source for much of Wetland A downstream of proposed impact W1. As currently proposed, the
Corps would consider much of the remainder of Wetland WB as indirect impacts (see NWP General Conditions
"District Engineers Decision") to wetlands resulting from a loss of hydrology. How will the project maintain
sufficient hydrology to this wetland area to maintain jurisdictional status and its current level of wetland
function? Note that the combination of direct and indirect impacts to wetlands would push the impacts above
the compensatory mitigation threshold, and thus compensatory mitigation would be required for direct and
indirect impacts resulting in a loss of hydrology and therefore wetland function; compensatory mitigation is
typically required at a 2:1 ratio unless otherwise justified based on resource quality (NCWAM);
2) Similar to the above, given the proposed alignment of Flagship and Fireship Roads, how will the project maintain
sufficient hydrology to Wetland B to maintain jurisdictional status and its current level of wetland function?
3) The proposed greenway boardwalks/bridges traverse forested wetlands. Although the temporary impact areas
outside of the footprint of the 10-foot wide boardwalks presumably would be allowed to regenerate woody
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vegetation, the areas immediately under the 10-foot wide boardwalks would not. It appears that approximately
0.072 acre of wetlands would be permanently converted from forested to herbaceous wetlands directly under
the boardwalks, thereby resulting in a reduction in wetland function. Since the combination of direct and
indirect impacts to wetlands would push the impacts above the compensatory mitigation threshold,
compensatory mitigation would be required; compensatory mitigation is typically required at a 2:1 ratio for
direct impacts resulting in a loss of water (unless otherwise justified based on resource quality) and a 1:1 ratio
for permanent conversion of wetlands from forested to herbaceous. Please provide a mitigation acceptance
letter from your proposed compensatory mitigation provider.
4) The Overall Subdivision Plan shows an extension of Fender Road crossing a wetland/stream complex near the
west property line, however no impacts are proposed for this crossing. Noting that the Overall Wetland Impact
Map shows Fender Road stubbing short of this wetland/stream complex, please explain if this crossing is to be
proposed later. If so, would the development to the west be considered a phase of the Atwater Station
development, share any infrastructure, amenities, etc. that may cause the Corps to view this crossing as part of
the same single and complete project.
5) To enable coordination with US Fish and Wildlife Service pertaining to Section 7 of the Endangered Species Act,
please provide the date(s) of your survey(s) for Michaux's sumac (Rhus michauxii).
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.
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