20220972 Ver 1_SAW-2022-00367 Ammons Property PN Comments and RFAI_20221024

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

October 24, 2022

Regulatory Division

Action ID: SAW-2022-00367

Re: Ammons Property (residential subdivision)

Mr. William Meyer
BCUS Acquisitions, LLC
4020 Westchase Boulevard, Suite 150
Raleigh, North Carolina 27607

Dear Mr. Meyer:

Please reference your Individual Permit application for Department of the Army (DA)
authorization to permanently discharge fill material into a total of 428 linear feet (lf) of
stream channel and 1.624 acres of wetland; temporarily discharge fill material into 307 lf
of stream channel and 0.473 acre of wetland; permanently convert 1.5 acres of wetland;
and permanently place riprap along 180 lf of stream channel, associated with the
proposed construction of the Ammons Property residential subdivision, including
associated attendant features and infrastructure. The project area is located within the
Little River watershed, at 1832 Peachgrove Lane, in Zebulon, Wake County, North
Carolina.

The U.S. Army Corps of Engineers, Wilmington District (Corps) advertised your
proposal by public notice dated September 14, 2022. Comments in response to the
notice were received from the Environmental Protection Agency (EPA), North Carolina
Department of Natural and Cultural Resources (NCDNCR), North Carolina Division of
Water Resources (NCDWR), the Catawba Indian Nation Tribal Historic Preservation
Officer, and United States National Marine Fisheries Service (NMFS). The comments
received are enclosed for your information and to provide you with the opportunity to
address any of the stated concerns.

Further, on February 6, 1990, the Department of the Army (DA) and the U.S.
Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA)
establishing procedures to determine the type and level of mitigation necessary to
comply with Clean Water Act (CWA) Section 404(b)(1) Guidelines. This MOA provides
for first, avoiding impacts to waters and wetlands through the selection of the least
damaging, practical alternative; second, taking appropriate and practical steps to reduce
impacts on waters and wetlands; and finally, compensation for remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your
application, in compliance with the MOA, we request that you provide the following
additional information:

-2-

A. Permits for work within wetlands or other special aquatic sites are available
only if the proposed work is the least environmentally damaging, practicable
alternative. Please furnish information regarding any other alternatives,
including upland alternatives, to the work for which you have applied and
provide justification that your selected plan is the least damaging to water or
wetland areas.

i. Specifically, please add to the alternatives analysis provided in your
Individual Permit application (June 30, 2022) and with revisions
received on September 6, 2022:

a. Site selection criteria: Please provide specific, measurable
criteria for your On-Site and Off-Site alternatives analysis.
Your permit application evaluated contiguous acreage
available, zoning, and utilities. These are not sufficient criteria
to determine the least environmentally damaging practical
alternative. Please also include stream impacts, wetland
impacts, threatened/endangered species, historic properties,
minimum size (acreage) requirement, property available for
purchase, and any other applicable criteria. This information
should be outlined in a table for comparison with each
alternative analysis.

b. Off-site alternatives: Please explore Off-Site alternatives in
accordance with the above referenced criteria. Correlating
maps/design drawings should be provided for each off-site
alternative. If Off-Site alternatives are not practicable, please
provide a detailed explanation as to why.

c. On-site alternatives: Please provide quantitative data that
supports your On-Site alternatives configurations, including
design drawings. For example, your On-site Alternative 1
states: “On-site alternative 1 proposed an equivalent amount
of road and sewer impacts, but eliminated wetland impacts for
residential unit construction. The applicant determined that this
alternative was not economically practicable and would result
in a non-viable project, therefore this alternative was
eliminated from consideration.” This information is not
sufficient to evaluate as an alternative.

d. Please explain how your preferred alternative is the least
environmentally damaging, practical alternative.

-3-

B. It is necessary for you to have taken all appropriate and practicable steps to
minimize losses of Waters of the U.S., including wetlands. Please indicate all
that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.

i. The information provided in your submitted application is not sufficient
to assess if all appropriate and practical steps were taken to avoid and
minimize losses to waters of the U.S. Therefore, please provide
specific and measurable avoidance and minimization measures taken.
Please be sure to discuss impacts to waters of the United States.

ii. Please provide an explanation as to why utility Impact S6 cannot be
achieved utilizing horizontal directional drilling.

iii. Please provide additional justification regarding impacts G1 and G2
and why these areas cannot be further avoided and minimized.

C. The MOA requires that appropriate and practicable mitigation will be required
for all unavoidable adverse impacts remaining after the applicant has
employed all appropriate and practicable minimization. Please indicate your
plan to mitigate for the projected, unavoidable loss of waters or wetlands or
provide information as to the absence of any such appropriate and practicable
measures.

i. I have evaluated the compensatory mitigation plan included in your
application and have determined the details to be generally sufficient
for our evaluation. You are proposing a 2:1 and 1:1 mitigation to impact
ratio for the proposed stream and wetland impacts and would purchase
4.75 wetland mitigation units and 856 stream mitigation units from
Wildlands Holdings III, LLC’s Falling Creek UMB, McClenny Acres II
Mitigation Site and Falling Creek Mitigation Site.

Additionally, the following items must be resolved prior to continuing to process your
permit request:

1) Please provide your responses to the public comments received.

2) Please note that responses to the questions above may prompt additional
information requests to allow full evaluation of the proposed project.

Please also note, compliance with Section 7 of the Endangered Species Act and
Section 106 of the National Historic Preservation Act are required prior to issuance of

-4-

our final permitting decision. Therefore, please provide an update regarding your
coordination efforts with the U.S. Fish and Wildlife Service (USFWS) and NCDNCR.
Please also include any avoidance and minimization measures taken to avoid
threatened/endangered species and cultural resources (as requested by the USFWS
and NCDNCR) and required surveys with proposed timelines.

The above requested information is essential to the expeditious processing of your
application; please forward this information to us within 30 days of your receipt of this
letter. If you have any questions regarding these matters, please contact me at (919)
554-4884 extension 22 or [e-mail].

Sincerely,

Samantha Dailey
Project Manager
Raleigh Regulatory Field Office

Enclosures

Copies furnished electronically:

Mr. Chris Huysman
Wetlands & Waters, Inc.
[e-mail]

Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
U.S. Environmental Protection Agency - Region IV
[e-mail]

Ms. Sue Homewood
NCDEQ – Division of Water Resources
Winston-Salem Regional Office
[e-mail]

1
Dailey, Samantha J CIV USARMY CESAW (USA)
From:Bowers, Todd <[e-mail]>
Sent:Wednesday, September 14, 2022 3:23 PM
To:Dailey, Samantha J CIV USARMY CESAW (USA)
Subject:[URL Verdict: Neutral][Non-DoD Source] FW: US Army Corps of Engineers Public Notice
SAW-2022-00367
Importance:High
Sam,

The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject Individual
Permit Public Notice under DA Action ID SAW-2022-00367 dated September 14, 2022. It is our understanding
that the applicant, BCUS Acquisitions, LLC, is seeking Department of the Army authorization to permanently
impact jurisdictional waters of the United States, in conjunction with the construction of the Ammons Property
in Wake County, North Carolina.

According to the Public Notice, Applicant’s Stated Purpose, and Project Description, the basic purpose of the
project is to develop residential housing for the Town of Wendell submarket. The overall purpose of the project
is to develop single-family residential housing to meet current and future demand in the Town of Wendell
submarket. The overall project would involve constructing single-family residential lots, along with associated
infrastructure and attendant features.

Implementation of the proposed project would permanently impact 608 lf of stream channel (180 lf would be
associated with riprap dissipator pads) and 1.624 acres of wetland, temporarily impact 307 lf of stream channel
and 0.473 acre of wetland, and permanently convert 1.5 acres of wetland.

For compensatory mitigation to offset unavoidable functional loss to the aquatic environment, the applicant has
chosen to purchase 856 stream mitigation units and 4.75 wetland mitigation units from Wildlands Holdings
III, LLC’s Falling Creek UMBI, Falling Creek and McClenny Acres II Mitigation Sites.

At this time, EPA Region 4 has no site-specific comments or concerns with the project as presented in the
Public Notice.

Thank you for the opportunity to provide feedback on DA Action ID SAW-2022-00367 to permanently impact
jurisdictional waters of the United States, in conjunction with the construction of the Ammons Property in Wake
County, North Carolina.

Best Regards,

Todd Bowers

Todd Allen Bowers
US EPA Region 4 Oceans, Wetlands and Streams Protection Branch
61 Forsyth St. SW
Atlanta, GA 30303
919.523.2637 cell/telework
404.562.9225 office
[e-mail]

2
“Do unto those downstream as you would have those upstream do unto you.”
— Wendell Berry

From: CESAW‐PublicNoticeList <CESAW‐[e-mail]>  
Sent: Wednesday, September 14, 2022 1:48 PM 
Subject: US Army Corps of Engineers Public Notice 
Importance: High 

As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a 
Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home 
Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download 
at   http://www.saw.usace.army.mil/Missions/Regulatory‐Permit‐Program/Public‐Notices/ 

     As with anything you download from the internet, be sure to check for viruses prior to opening. The current notice 
involves: 

____________________________________________ 

The current notice involves:  SAW‐2022‐00367 (Ammons Property / 1832 Peach Grove Ln / Zebulon NC / Wake County) 

Issue Date: September 14, 2022 

Expiration Date:  5:00 p.m., October. 14, 2022 

Point of Contact: Ms. Sam Dailey 
Email:  [e-mail].   

Project Description: 

The overall project would involve constructing single‐family residential lots, along with associated infrastructure and 
attendant features (Figure 4).  Implementation of the proposed project would permanently impact 608 lf of stream 
channel (180 lf would be associated with riprap dissipator pads) and 1.624 acres of wetland, temporarily impact 307 lf of 
stream channel and 0.473 acre of wetland, and permanently convert 1.5 acres of wetland. 

Subscribe/Unsubscribe:  This email was sent out as a result of subscribing to the Wilmington District regulatory program public notices. Please reply 
to this email with the subject or message "unsubscribe" to remove your address from future mailings.

1
Dailey, Samantha J CIV USARMY CESAW (USA)
From:Pace Wilber - NOAA Federal <[e-mail]>
Sent:Monday, September 19, 2022 10:06 PM
To:Dailey, Samantha J CIV USARMY CESAW (USA)
Subject:[URL Verdict: Neutral][Non-DoD Source] Re: US Army Corps of Engineers Public Notice
NOAA’s National Marine Fisheries Service (NMFS) reviewed the project described in public notice SAW-2022-00367,
dated September 14, 2022. Based on the information in the notice, we confirm the District's determination that the
proposed work would NOT occur in the vicinity of essential fish habitat (EFH) designated by the South Atlantic Fishery
Management Council, Mid-Atlantic Fishery Management Council, or the NMFS. Present staffing levels preclude further
analysis of the proposed work and no further action is planned. This position is neither supportive of nor in opposition to
authorization of the proposed work. If further coordination on this action is needed, please let us know. 

On Wed, Sep 14, 2022 at 1:48 PM CESAW‐PublicNoticeList <CESAW‐[e-mail]> wrote: 
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a 
Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home 
Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download 
at   http://www.saw.usace.army.mil/Missions/Regulatory‐Permit‐Program/Public‐Notices/ 

     As with anything you download from the internet, be sure to check for viruses prior to opening. The current notice 
involves: 

____________________________________________ 

The current notice involves:  SAW‐2022‐00367 (Ammons Property / 1832 Peach Grove Ln / Zebulon NC / Wake County) 

Issue Date: September 14, 2022 

Expiration Date:  5:00 p.m., October. 14, 2022 

Point of Contact: Ms. Sam Dailey 
Email:  [e-mail].   
2

Project Description: 

The overall project would involve constructing single‐family residential lots, along with associated infrastructure and 
attendant features (Figure 4).  Implementation of the proposed project would permanently impact 608 lf of stream 
channel (180 lf would be associated with riprap dissipator pads) and 1.624 acres of wetland, temporarily impact 307 lf 
of stream channel and 0.473 acre of wetland, and permanently convert 1.5 acres of wetland. 

Subscribe/Unsubscribe:  This email was sent out as a result of subscribing to the Wilmington District regulatory program public notices. Please 
reply to this email with the subject or message "unsubscribe" to remove your address from future mailings. 

‐‐  
Pace Wilber, Ph.D. 
South Atlantic and Caribbean Branch Chief 
Habitat Conservation Division  
NOAA Fisheries Service 
331 Ft Johnson Road 
Charleston, SC 29412 

843‐592‐3024 (NOAA Google Voice) 
[e-mail] 

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
October 13, 2022
Corps Action ID# SAW-2022-00367
DWR# 20220972
Wake County
Samantha Dailey
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
Delivered via email to: [e-mail]
Subject Project: Ammons Property Residential Subdivision
Dear Ms. Dailey:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
project:
1. The applicant has developed limited site selection criteria which are not defined specifically
enough to adequately evaluate alternatives and avoidance and minimization. For example: the
contiguous acreage availability to “defray development costs” is overly broad. In addition,
zoning and access to utilities;” are criteria that are often overcome for the purpose of similar
projects. If these criteria are based on financial factors, then financial information should be
provided. The Division requests that the USACE require that the applicant conduct a thorough
off-site and onsite evaluation of the project.
2. The applicant has provided financial information in support of impacts G1 and G2 in response to
a Request for More Information issued by DWR on September 2, 2022, however the Division is
unable to evaluate this information without context of financial information regarding the
overall project profitability. The Division requests that the USACE evaluate whether sufficient
information has been provided to make an adequate determination as to whether these impacts
are necessary for the viability of the entire project.
3. The Division is unable to complete a review of the project for compliance with 15A NCAC 02H
0506 at this time. The Division has requested additional technical information from the
applicant and has received an insufficient response to date. The Division requests that the
USACE also consider the attached letter during the review of the application.
DocuSign Envelope ID: 8BBD48A7-D7F7-44DE-ACB4-0776B4AFBBC9
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Corps Action ID# SAW-2022-00367
DWR# 20220972
Wake County
Page 2 of 2
Thank you for your considering the Division’s comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Unit
Enclosure: Request for Additional Information Letter from DWR to Mr. John Bode (DWR#20220972,
dated September 2, 2022)
Electronic cc: Chris Huysman, Wetlands and Waters
DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20220972 AmmonsSD_Wake-PN Comments to USACE.docx
DocuSign Envelope ID: 8BBD48A7-D7F7-44DE-ACB4-0776B4AFBBC9
DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 2, 2022
DWR # 20220972
Wake County
BCUS Acquisitions LLC
Attn: Mr. E. William Meyer
4020 West Chase Boulevard Suite 150
Raleigh NC 27607
Delivered via email to: chris.ferraguto@brookfieldpropertiesdevelopment .com
Subject: REQUEST FOR ADDITIONAL INFORMATION
Ammons Project
Dear Mr. Meyer:
On July 18, 2022, the Division of Water Resources (Division) received your application requesting an
Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
1. A review of the project cannot be completed until the completion of a 30-day public notice as
issued by the US Army Corps of Engineers. If the U.S. Army Corps of Engineers requests a
response to any comments received as a result of the Public Notice, please provide the
Division with a copy of your response to the USACE.
2. Please provide evidence of USACE verifications of the wetland and steams as shown on the
overall plan sheet.
3. In order to adequately assess DWR stream mitigation requirements for the proposed project,
please provide indication of intermittent/perennial stream determinations for all stream
features and provide DWR stream forms to support the determinations.
4. The proposed overall plan sheet does not appear to match the buffer determination issued
by DWR March 4, 2022:
a. Stream H does not appear on the proposed plan sheet;
b. Please verify that the start points of Streams AA and Z have been accurately surveyed
and shown on the plan sheets as they appear shorter than shown on the DWR buffer
approval map;
D_E
NORTH CAROLINA
napermrene m E,mimnmemal gnaiiry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
BCUS Acquisitions LLC
DWR# 20220972
Request for Additional Information
Page 2 of 4
c. Stream A above the confluence of Stream F, as shown on the approved map from
buffer determination letter (shown below circled in blue) does not appear on the
proposed plan sheet.
5. The application states that proposed project will require permanent and temporary impacts
to Waters of the US and Waters of the State, however the impact information provided does
not clearly indicate which impacts are proposed as permanent and which are proposed as
temporary. Please provide a detailed breakdown of temporary and permanent impacts for
each proposed impact area.
6. Please provide proposed impact drawings that include grading limits for roadways so that
culvert lengths and buffer impact areas can be sufficiently reviewed. In addition, it appears
that buffer impacts are not proposed outside of the culvert/road fill, however it is the
Division's experience that dewatering activities and installation of riprap aprons require
additional buffer clearing. Please ensure that all buffer impacts are appropriately indicated
on the plans.
7. It appears that buffers that are shown on the impact sheets may have been determined from
the existing stream centerline. Pursuant to 15A NCAC 02B .0714(8)(a) the Zone 1 buffer
begins at the most landward limit of top of bank. Please provide clarification or updated
impact sheets and an updated impact table accordingly.
8. The application states that the applicant determined that avoidance of the general fill for
residential lot construction was not practicable. Please provide specific details as to how this
NORTH ntntF NAoeperereMmEnvironmental Puenry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
BCUS Acquisitions LLC
DWR# 20220972
Request for Additional Information
Page 3 of 4
evaluation was determined. Given the size of the development it is not clear that the loss of
a small percentage of lots would render the project financial unviable. A detailed analysis
should be provided for each impact area individually, as well as the total to avoid both
impact areas. Please note that any financial evaluation provided should include the cost of
mitigation for the proposed wetland impacts. Please provide conceptual plan sheets with
impacts areas and estimated amounts for On -site Alternatives 1 and 2,
9. The profile of Culvert Impact R1 and R3 do not indicate that the culverts will be buried at the
inlet and outlet to ensure aquatic passage. Please clarify why or provide a revised profile
drawing for the impact.
10. The inlet alignment of the culvert at impact R3 appears to be at an extreme angle with the
natural channel. The Division has significant concerns about the proposed alignment causing
the upstream channel to become unstable. Please realign the culvert or otherwise address
impacts that would be expected to occur upstream of the current alignment.
11. The riprap apron proposed at Impact R3 is extensive. It is the Division's experience that
when excessively long riprap aprons are required for velocity control and/or stability that
natural stream function is not maintained and therefore these impacts should be considered
as permanent loss of stream and included in mitigation amounts. Please revise the
application materials accordingly.
12. Please specify the width of the sewerline construction corridor and the width of the
proposed permanent maintenance corridor for all sewerline impact areas. For any areas with
a construction corridor greater than 40 feet or a permanent maintenance corridor greater
than 30 feet please provide justification for the proposed widths.
13. Impact S2 is a proposed sewerline crossing that does not appear to connect to anything.
Please provide additional information as to the purpose of this crossing location.
14. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued
upon determining that the proposed activity will comply with state water quality standards
which includes designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the
proposed activity will comply with water quality standards, the Division shall evaluate if the
proposed activity: (2) would cause or contribute to a violation of water quality standards; (3)
would result in secondary or cumulative impacts that cause or contribute to, or will cause or
contribute to, a violation of water quality standards;" Based on the information provided
with the application, the Division believes there is potential for indirect impacts to the
following features within the overall project limits:
a. The large wetland adjacent to a SCM in the vicinity of impacts S2 & S3;
b. The wetland and stream adjacent to and below impact R2;
c. The stream above S10;
d. The stream above S13
NORTH raaoJNa
Department at Environmental Puolity
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
BCUS Acquisitions LLC
DWR# 20220972
Request for Additional Information
Page 4 of 4
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Electronic cc:
NORTH raaoJNa
Department at Environmental Puolity
Sincerely,
DocuSigned by:
P.11O0iod .
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Meagan Jolly, Wetlands & Waters
Samantha Dailey, USACE Raleigh Regulatory Field Office
Colleen Cohn, DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20220972 Ammons Dev Wake IP addinfo.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

October 14, 2022

Attention: Samantha Dailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

Re. THPO # TCNS # Project Description
2022-56-40 SAW0-2022-00367 – 1832 Peach Grove Lane, Zebulon, Wake Co., NC

Dear Ms. Dailey,

The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.

If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].

Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730

Office 803-328-2427

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.

Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

October 14, 2022

Samantha Dailey [e-mail]
Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

Re: Construct commercial development Ammons property, off NC Highway 97, Wendell, Wake
County, ER 22-0209

Dear Ms. Dailey:

Thank you for your notice of September 14, 2022, regarding the above-referenced undertaking. We have
reviewed the submittal and offer the following comments.

Site 31WA2534, which yielded American Indian artifacts from the Middle Archaic and Early/Middle
Woodland Periods and appears to contain deep deposits with intact stratigraphy, has not been assessed to
determine if it is eligible for listing in the National Register of Historic Places. The submitted design plan
shows no ground disturbance will take place within approximately 500 feet of archaeological site
31WA2534. Based on this information, we find that the proposed project, as presently designed, will have
no effect on any properties eligible for listing in the National Register.

Should ground disturbing activities not shown on the design plan, such as land clearing or grading, be
proposed within 500 feet of site 31WA2534, we recommend measures be taken to avoid site 31WA2534
inclusive of a 100-foot buffer. At a minimum, the site and buffer area should be marked as an
environmentally sensitive area on construction plans and be delineated with high visibility fencing to avoid
accidental encroachment.

In addition, we recommend that the applicant consider establishing a conservation easement that includes
site 31WA2534 so it may be protected in perpetuity. Information about the North Carolina Stewardship
Program administered by the Department of Environmental Quality is available at
https://deq.nc.gov/about/divisions/deq-administrative-divisions/north-carolina-stewardship-program/deq-
stewardship.

We have determined that the project as proposed will not have an effect on any historic structures.

ER 22-0209, October 14, Page 2 of 2
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36
CFR Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579
or [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.

Sincerely,

Ramona Bartos, Deputy
State Historic Preservation Officer