20220716 Ver 1_More Info Received_20220722

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]>

Mr. Phillips,

Below are our responses to your comments.

1. Using the existing stream width (4ft.), the length of the existing culvert (76 linear feet), and an estimated sinuosity of 1.2, we estimate 91 linear feet and 364 square feet of impact
from the existing road crossing. This puts the total permanent impact from the road at 182 linear feet and 713 square feet, which is less than the mitigation threshold of 871 square
feet (0.02 acre) for an NWP 29. Therefore, no mitigation is proposed.

2. The cul-de-sac has been redesigned to avoid all wetland impacts. Revised designs are still in progress, so we will provide updated plan sheets by 7/29/22.

3. Noted

4. This figure will be provided once the redesign is complete and will be sent with the updated plan sheets mentioned in item 2.

Thank you for your time and effort.

Best,

Preston Butler

3040 NC 42 W

Clayton, NC 27520

919-523-5821

www.carolinaeco.com <https://urldefense.com/v3/__https://nam12.safelinks.protection.outlook.com/?url=http*3A*2F*2Fwww.carolinaeco.com*2F&data=05*7C01*7CClaremontJ*40bv.com*7C0b4db321bec247ce39a408da66971666*7C7a53b4fce87d4c4699720570ac271b27*7C0*7C0*7C637935096372551535*7CUnknown*7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0*3D*7C3000*7C*7C*7C&sdata=HhxjzzNfQhPQQdASrf5CNsoHJrQr305KXM4pK2aj0LY*3D&reserved=0__;JSUlJSUlJSUlJSUlJSUlJSUlJSU!!HYmSToo!ZGktfKzSOkJ1C1lJEuI0jx_Rz7NLgEq3lWwdT4ygJYHDX8TggCZm4tbG2x2uC5B2uKKN1r3E67xj1oCfZAYDKsXULvtqIfSZ6A$>

From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, June 22, 2022 9:06 AM
To: Preston Butler <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: Auburn Station / Raleigh / Wake County / SAW-2022-01180 / NWP 29 / Request for Additional Information

Mr. Butler,

I have reviewed the above referenced project and need the following comments/questions addressed to evaluate the proposed activities.

1. The Corps considers proposed/previous impacts for this project as cumulative when considering Nationwide Permit (NWP) thresholds. Based on review of historic aerials the mobile home
park and the existing road crossing were constructed between 1981-1988. NWP Permit 26 along with Wilmington District Regional Conditions that were in effect prior to 2000 allowed loss
of waters below 1/3 acre without pre-construction notification and written approval. Therefore, the existing road crossing does not need to be permitted after-the-fact but does contribute
towards the cumulative impact for the project.

a. In order to verify the project is under NWP thresholds please provide an estimate of the acreage of the impacts to waters from the existing road crossing. Please note that if proposed/previous
impacts for the project exceed mitigation thresholds, then a compensatory mitigation plan should be provided.

2. Based on a review of the plans it is unclear how much of the wetland impacts occur from the construction of the cul-de-sac and fill slope. In comparing the plans and the impact maps
it appears that some of the wetland loss occurs as a result of fill for lot construction. Based on the size of the development (174 lots) it appears that impacts for lot fill could be
avoided. If the assumption that some fill is for construction of the lot it is unclear if the project has avoided and minimized to the maximum extent practicable as required by general
condition 23 (a) and b).

a. Please provide additional information to clarify the proposed impact, or;
b. Provide additional information to justify the proposed impact, or;
c. Please redesign in order to avoid and minimize to the maximum extent practicable.

3. Based on the location of the proposed project in relation to historic resources including Auburn Christian Church (WA0313) and William Watts House (WA0308) the Corps will be sending
the project to the State Historic Preservation Office for review.
4. Per general condition 32 (b) (iii), sketch should be provided when necessary to show that the activity complies with the terms of the NWP. If would be helpful if you could provide
overall exhibit in the format of figures 5a – Figure 5c. It is difficult to compare the impacts to the activities looking back in forth between the impact maps and the construction drawings.
Sketch usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrate description of the proposed activity,
but do not need to be detailed engineering plans.

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 or would like to organize a meeting.

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!ZGktfKzSOkJ1C1lJEuI0jx_Rz7NLgEq3lWwdT4ygJYHDX8TggCZm4tbG2x2uC5B2uKKN1r3E67xj1oCfZAYDKsXULvvVKQibPQ$>
. Thank you for taking the time to visit this site and complete the survey.

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]>

Hey Colleen,

Below are our responses to your comments on the above referenced project.

1. I have CC-ed you on our responses to the USACE.
2. The buffer determination for the western half of the site is attached.
3. The cul-de-sac has been redesigned to avoid all wetland impacts. Revised designs are still in progress, so we will provide updated plan sheets by 7/29/22.
4. This figure will be provided once the redesign is complete and will be sent with the updated plan sheets mentioned in item 3.

Thank you for your time and effort.

Best,

Preston Butler

3040 NC 42 W

Clayton, NC 27520

919-523-5821

www.carolinaeco.com <https://urldefense.com/v3/__https://nam12.safelinks.protection.outlook.com/?url=http*3A*2F*2Fwww.carolinaeco.com*2F&data=05*7C01*7CClaremontJ*40bv.com*7C0b4db321bec247ce39a408da66971666*7C7a53b4fce87d4c4699720570ac271b27*7C0*7C0*7C637935096372551535*7CUnknown*7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0*3D*7C3000*7C*7C*7C&sdata=HhxjzzNfQhPQQdASrf5CNsoHJrQr305KXM4pK2aj0LY*3D&reserved=0__;JSUlJSUlJSUlJSUlJSUlJSUlJSU!!HYmSToo!b_1hRAqsQ9pcH2aQSUBRHEzoYVEjtnMjSGpk0TOpmLX8tDXTRj7K2jjniVYQjKW7y-U_Jcc7HubiHBdqtW4aFM7Hox4FkbICKQ$>

From: Cohn, Colleen M <[e-mail]>
Sent: Tuesday, July 19, 2022 5:22 PM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>; Preston Butler <[e-mail]>
Subject: Auburn Station DWR#20220716/SAW-2022-01180

Good afternoon,

I am beginning my review of the above referenced project (DWR#20220716) and in order to complete the review, some additional information is required:

1. Please provide the Division with a copy of your response to the June 22, 2022, Request for Additional Information from the US Army Corps of Engineers (see below). [15A NCAC 02H .0502(c)]
2. I see a Buffer Determination for the eastern half of the project site, but not the western. The western half has several features approximately shown on the NRCS soil survey. Please

provide a copy of the Buffer Determination for the western half of the site. [15A NCAC 02B .0714]
3. The Division concurs with the USACE that it appears that wetland impacts could be further avoided or minimized. Please either revise the plans or provide additional explanation as
to why the impacts can not be avoided or minimized. [15A NCAC 02H .0506(b)(1)]
4. The Division concurs with the USACE that it is difficult to understand current impacts versus proposed impacts for wetland, stream, and buffer impacts. Sketches as described by the
USACE in item #4 below or something that shows current conditions versus proposed impacts side-by-side would be helpful to better understand requested impacts. [15A NCAC 02H .0502(a)(9)]

Thanks,

Colleen Cohn

Environmental Specialist II

North Carolina Department of Environmental Quality

Division of Water Resources

Raleigh Regional Office

3800 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: Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Wednesday, June 22, 2022 9:06 AM
To: [e-mail] <mailto:[e-mail]>
Cc: Cohn, Colleen M <[e-mail] <mailto:[e-mail]> >
Subject: [External] Auburn Station / Raleigh / Wake County / SAW-2022-01180 / NWP 29 / Request for Additional Information

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]>

Mr. Butler,

I have reviewed the above referenced project and need the following comments/questions addressed to evaluate the proposed activities.

1. The Corps considers proposed/previous impacts for this project as cumulative when considering Nationwide Permit (NWP) thresholds. Based on review of historic aerials the mobile home
park and the existing road crossing were constructed between 1981-1988. NWP Permit 26 along with Wilmington District Regional Conditions that were in effect prior to 2000 allowed loss
of waters below 1/3 acre without pre-construction notification and written approval. Therefore, the existing road crossing does not need to be permitted after-the-fact but does contribute
towards the cumulative impact for the project.

a. In order to verify the project is under NWP thresholds please provide an estimate of the acreage of the impacts to waters from the existing road crossing. Please note that if proposed/previous
impacts for the project exceed mitigation thresholds, then a compensatory mitigation plan should be provided.

2. Based on a review of the plans it is unclear how much of the wetland impacts occur from the construction of the cul-de-sac and fill slope. In comparing the plans and the impact maps
it appears that some of the wetland loss occurs as a result of fill for lot construction. Based on the size of the development (174 lots) it appears that impacts for lot fill could be
avoided. If the assumption that some fill is for construction of the lot it is unclear if the project has avoided and minimized to the maximum extent practicable as required by general
condition 23 (a) and b).

a. Please provide additional information to clarify the proposed impact, or;
b. Provide additional information to justify the proposed impact, or;
c. Please redesign in order to avoid and minimize to the maximum extent practicable.

3. Based on the location of the proposed project in relation to historic resources including Auburn Christian Church (WA0313) and William Watts House (WA0308) the Corps will be sending
the project to the State Historic Preservation Office for review.
4. Per general condition 32 (b) (iii), sketch should be provided when necessary to show that the activity complies with the terms of the NWP. If would be helpful if you could provide
overall exhibit in the format of figures 5a – Figure 5c. It is difficult to compare the impacts to the activities looking back in forth between the impact maps and the construction drawings.
Sketch usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrate description of the proposed activity,
but do not need to be detailed engineering plans.

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 or would like to organize a meeting.

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!c7OwkvmOtbfNe1QFRT0BRUych-auqsJ1oGz_zdJYs3n7qA49fPsW6dvc4vR4hIqDei7uaR6H9N2HrIkd8HV2LBAVqJhd4pE8tGh0jQ$>
. Thank you for taking the time to visit this site and complete the survey.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Toll Brothers
Jeff Westmoreland
900 Perimeter Park, Suite B3
Morrisville, NC 27560
NORTH CAROLINA
Environmental Quality
June 22nd, 2022
Subject: Buffer Determination Letter
NBRRO #22-207
Wake County
Determination Type:
Buffer Intermittent/Perennial
Neuse (15A NCAC 2B .0714)
Tar -Pamlico (15A NCAC 2B .0734)
Intermittent/Perennial Determination (where local
buffer ordinances apply)
Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name
Address/Location:
Stream(s):
Auburn Station
2101 E Garner Rd., Raleil;h, NC
IHIFI IN D_E Qom;
Oaparlmwt at Emlrvry ml o.1mv
Branch
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
Auburn Station
Wake County
6/22/2022
Page 2 of 3
Determination Date: 6/21/2022 Staff: Josh Brigham
Stream
Feature
E/P(I)
Not
Subject(')
Subject Start@ Stop@
Soil
Survey
USGS
To o
Flag at
SA X approximately Off project X
35.695588, boundary
78.552619
SB X Subject Throughout X X
SC NP X X
SD NP X X
SE NP X X
1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE — Not Evaluated
2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and
may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street,
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
D
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA / 919.707.9000
Oepertmem of EmlmmmeMel Uusi
Auburn Station
Wake County
6/22/2022
Page 3 of 3
If you have questions regarding this determination, please feel free to contact Josh Brigham at [phone].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office, Division of Water Resources, NCDEQ
cc: Laserfiche
Consultant via e-mail, Preston Butler, Carolina Ecosystems, [e-mail]
D
North Carolina Department of Environmental Quality I Division of Water Resources
v/)) 512 North Salisbury Street ! 1611 Mail Service Center I Raleigh, North Carolina 27699-161 1
NORTIICAROLINA -
Gjiftenotemmnmmm oua /Z 919.707.9000
Auburn Station
Wake County, NC-DWR Project # 22-207
NRCS Soil Survey Sheet 79 srA1Fa, Base map provided by
Wake Co., NC 1970 Carolina Ecosystemsy
Legend: Locations are approximate
project boundary
and are provided for refer- M
ence only"
u v
Auburn Station
Wake County, NC-DWR Project # 22-207
d
0
Liu
Z
GA
USGS Topographical Map Base map provided by
Garner Quadrangle 2019
d s5TglpaMpxirys
Carolina ecosystems
Legend: Locations are approximate
and are provided for refer- n
IuA`IvlProjectboundaryQenceonly::