20220671 Ver 1_USACE Correspondence_20220706

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. <mailto:[e-mail]>

Based the complexity of the Corps comments/questions in the RFAI below you have an extension to respond by 08/09/2022. If you need more time please let me know.

Lyle Phillips

Regulatory Specialist

US Army Corps of Engineers

CE-SAW-RG-R

3331 Heritage Trade Drive, Suite 105

Wake Forest, North Carolina 27587

Phone: [phone], Ext. 25.

Fax: [phone]

Email: [e-mail] <mailto:[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/
<https://urldefense.com/v3/__https://regulatory.ops.usace.army.mil/customer-service-survey/__;!!HYmSToo!dg2ogFDxY1rkCmglKeXLXLwaaC148la2P6hlxZFIEAFgKSWXgGSng-YaOxSlWZoKJK6VheU0QPx9CfeXnnDYFaysvVEn7vaq-NxiQg$>
. Thank you for taking the time to visit this site and complete the survey.

From: Lauren Norris-Heflin <[e-mail]>
Sent: Wednesday, July 6, 2022 7:46 AM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; Nick Tudor <[e-mail]>; Kate Hefner <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Yield 2.0 / Holly Springs / Wake County / SAW-2019-00110 / NWP 39 / Request for Additional Information

Good morning Lyle,

Wanted to follow-up on this, can we get an extension to respond by 8/9?

Thanks,

Lauren Norris-Heflin

Environmental Project Manager

Office: 919.866.4943 | Cell: 919.607.1723

From: Lauren Norris-Heflin
Sent: Thursday, June 30, 2022 8:50 AM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Cc: Cohn, Colleen M <[e-mail] <mailto:[e-mail]> >; Nick Tudor <[e-mail] <mailto:[e-mail]> >; Kate Hefner <[e-mail]
<mailto:[e-mail]> >
Subject: RE: Yield 2.0 / Holly Springs / Wake County / SAW-2019-00110 / NWP 39 / Request for Additional Information

Good morning Lyle,

We would like to request a 30-day extension to respond to your below request, putting our response due date at 8/9/2022.

Can you confirm this extension?

Thank you,

Lauren Norris-Heflin

Environmental Project Manager

Office: 919.866.4943 | Cell: 919.607.1723

From: Kate Hefner <[e-mail] <mailto:[e-mail]> >
Sent: Friday, June 10, 2022 1:57 PM
To: Lauren Norris-Heflin <[e-mail] <mailto:[e-mail]> >; Nick Tudor <[e-mail] <mailto:[e-mail]> >
Subject: FW: Yield 2.0 / Holly Springs / Wake County / SAW-2019-00110 / NWP 39 / Request for Additional Information

Kate Hefner, WPIT (she/her)

Environmental Scientist I

Celebrating LGBTQ+ Pride Month

TIMMONS GROUP | www.timmons.com <Blockedhttp://www.timmons.com/>

5410 Trinity Rd, Suite 102 | Raleigh, NC 27607

Office: 919.866.4953 | Cell: 828.455.4636

[e-mail] <mailto:[e-mail]>

Your Vision Achieved Through Ours

From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Friday, June 10, 2022 1:49 PM
To: Kate Hefner <[e-mail] <mailto:[e-mail]> >
Cc: Cohn, Colleen M <[e-mail] <mailto:[e-mail]> >
Subject: Yield 2.0 / Holly Springs / Wake County / SAW-2019-00110 / NWP 39 / Request for Additional Information

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ms. Hefner,

I have reviewed the above referenced project and need the following questions/comments addressed to ensure compliance with NWP terms and conditions.

1. For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers. A single and complete non-linear project must have independent utility. Single and complete non-linear projects may not be “piecemealed” to
avoid the limits in an NWP authorization. Independent utility is a test to determine what constitutes a single and complete non-linear project in the Corps Regulatory Program. A project
is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon
other phases of the project do not have independent utility.

a. Based on a review of the attached documents it appears that the proposed project is a piece of a larger complete project and does not have independent utility. Firstly, the proposed
project appears to be a part of a larger “planned use development” (see attached). Also, the proposed project appears to be part of a larger “master plan” (see attached). Additionally,
the area of the proposed project and the area that encompasses the larger complete project have the same owner.
b. Based on the information provided it appears that the proposed project is not a single and complete project and it a piece of the larger complete project. Therefore, an updated application
that evaluates/proposes the larger complete project should be submitted. If the Corps assumption is incorrect, please provide additional information to justify the proposed project being
single and complete and how the proposed project has independent utility.

2. Based on the PCN the proposed project results in the permanent discharge of fill material within 0.292 acres of wetland and the temporary discharge of dredged material and permanent
conversion of 0.017 acres of forested wetland to herbaceous wetlands. At a 2:1 mitigation ratio for the 0.292 acres of loss and a 1:1 mitigation ratio for the 0.017 acres of conversion
the proposed project would require 0.601 wetland credits. The SOA included with the application accounts for 0.59 wetland credits.
3. Please note, that additional comments/questions may be required after review of the response to comment 1.

Please submit the above information within 30 days of receipt of this Notification or we may consider your application withdrawn and close the file. Please email ([e-mail]
<mailto:[e-mail]> ) me if you have any questions.

Lyle Phillips

Regulatory Specialist

US Army Corps of Engineers

CE-SAW-RG-R

3331 Heritage Trade Drive, Suite 105

Wake Forest, North Carolina 27587

Phone: [phone], Ext. 25.

Fax: [phone]

Email: [e-mail] <mailto:[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/
<Blockedhttps://regulatory.ops.usace.army.mil/customer-service-survey/> . Thank you for taking the time to visit this site and complete the survey.