20221179 Ver 1_More Info Received_20221028

Baker, Caroline D
From:
Michael Brame <[e-mail]>
Sent:
Friday, October 28, 2022 2:43 PM
To:
[e-mail]; Homewood, Sue
Cc:
Catherine Carston; Ken Chavis
Subject:
[External] RE: Request for Additional Information: SAW-2020-01862 (Brittway II / 4150
R1 Pleasant Garden Road / Greensboro / Guilford County)
Attachments:
2022-10-07 Brittway Elmsley Dr Ext - Stream Impact Exhibit Package.pdf; E. Elmsley
Road Extension Acceptance DMS Oct22.pdf
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David and Sue,
Please see our responses in RED below. Thank -you.
Sincerely,
Michael T. Brame
336.708-4620 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]
From: Catherine Carston <[e-mail]>
Sent: Wednesday, September 21, 2022 2:20 PM
To: Michael Brame <[e-mail]>
Subject: FW: Request for Additional Information: SAW-2020-01862 (Brittway II / 4150 R1 Pleasant Garden Road /
Greensboro / Guilford County)
Sincerely,
Catherine Carston
336.712.7381 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]
PILOTi-
R I L O T E N VI RON M E N T A L, I N C
1

From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Wednesday, September 21, 2022 12:34 PM
To: Catherine Carston <[e-mail]>
Cc: Homewood, Sue <[e-mail]>
Subject: Request for Additional Information: SAW-2020-01862 (Brittway II / 4150 R1 Pleasant Garden Road / Greensboro
/ Guilford County)
0
Thank you for your PCN, dated 8/29/2022, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permit (NWP) 39 (https://saw-
reg.usace.army.mil/NWP2021/NWP39.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your application withdrawn and close the file: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 a file review, there are a older Corps actions in the vicinity of this project area; one of these was for the
property immediately to the west of this site: Action ID: SAW-2002-20166. The Corps reviewed a delineation for
this site and issued a JD (signed survey) on 12/3/2002. Although our files do not show that any permit was
verified/issued for the development that has taken place on this site, it is clear based on aerial photos that the
area was developed between 2003 and 2006 (East Elsmley Drive, Bantiff Way, Scounton Way, Fernhurst Way,
Chesham Dr, and Elton Way and associated businesses); these activities resulted in the filling of one wetland and
one stream. The wetland area in question was 1,382 s.f. and the stream reach was approximately 220 Lf. (660
s.f. if you estimate a 3-foot wide channel). Although the Corps is unlikely to enforce the apparent unauthorized
activity in this case, we would consider the total 2,042 s.f. of impacts to waters of the US as cumulative with any
future proposed impacts on the Brittway II site as these developments appear to be part of the same single and
complete project, both require access via East Elmsley Drive, and have/had the same general ownership. The
applicant acknowledges that the project will be considered single and complete with the previous project and
that impacts will be considered cumulative in regards to mitigation and permitting thresholds.
2) Please provide a plan view of the full development infrastructure (buildings, roads, utilities, stormwater, etc.)
overlaid on the verified stream and wetland delineation approved by the Corps (PJD issued 11/23/2021). This
plan is necessary to accurately evaluate avoidance and minimization measures (per NWP General Condition
23(A) and (B)) and potential indirect impacts (see NWP General Conditions "District Engineers Decision") for the
cumulative project; A revised plan view has been completed and is attached.
3) The purpose and need for the proposed project is construct an industrial/commercial facility. In order to
consider your proposal single and complete for the purposes of permitting, the project plans must show all of
the infrastructure required to facilitate construction and operation of the proposed project purpose. Although
the Elmsley Drive Extension plans show the detailed proposed stream/wetland crossing for site access, this plan
shows a hammerhead approximately 400 feet east of the crossing with no attachment/tie-in to any
industrial/commercial facility. Meanwhile, the Proposed Site Plan shows a building with future expansions that
may impact Wetland H, and the Brittway Conceptual Layout shows and apparent full development build -out
with proposed buildings, related infrastructure, and outparcels that would impact substantial portions of
Wetland D, G, K, N, O, and P, and Streams D2, H2, 12, J2, and Z. The attached plan has been revised to address
these comncerns.
The Corps will consider all proposed/foreseeable impacts for this development as cumulative when considering
Nationwide Permit (NWP) thresholds. Based on your proposed impacts as well as the conceptual plans for
apparent future phases, the cumulative project would not fit within acreage thresholds for NWP 39. You may
apply for the entirety of this cumulative development via the Individual Permit process. Or, as an alternative,
you may further avoid or minimize impacts proposed and/or amend the conceptual design to show that full
build out of this development would fit within the NWP impact thresholds. The initial plan that was submitted
was conceptual. The plan has been revised and is included as an attachment.
4) The length of rip rap proposed within (-49 Lf.) and along (extends >20 feet on each side of the channel) Stream
A2 appears to remove aquatic function from this reach of the resource. Given that proposed stream loss

exceeds the compensatory mitigation threshold for streams, this reduction in aquatic function appears to
warrant additional compensatory mitigation; a 1:1 credit to impact ratio appears appropriate unless otherwise
justified based on evaluation of aquatic function. Additional mitigation for the proposed impacts is
necessary. Pilot has been informed that alternate designs have been considered and could not be designed to
avoid the impacts due to engineering constraints. Pilot has included a response letter from the NCDEQ-DWR
indicating that the additional credits are available.
5) Please note that for any increases in project scope per item 3) above, our scope for compliance with Section 7 of
the Endangered Species Act would likely increase as well. As such, please ensure that documentation is included
to enable the Corps to ensure compliance with NWP General Condition 18 upon any changes in project
plans. There is no increase in project scope as the impacts shown on the earlier plan have been removed from
the attached revised site plan.
6) It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division
of Water Resources (NCDWR) for this project; please note that the Corps cannot verify the use of any NWP
without a valid 401 WQC.
For NCDWR: After review of the submitted PCN for the above referenced project, and NWP 39 Water Quality
General Certification No. 4276, dated 1211812020 (https.-Z saw-
req.usace. army. mil/NWP2021/NWP39 StateWQC.pdf), it appears an Individual 401 Water Quality Certification
(WQC) is required from the NCDWR for the proposed activities. The PCN received by our office appears to provide
the 9 required elements for an individual WQC and constitutes the Corps initial receipt of the WQC application
(note that this may not hold if project plans change based on the times above). The reasonable period of time
(RPOT) for you to act on this WQC request will begin is 120 calendar days from the date of the complete WQC
request. Unless NCDWR is granted a time review extension, the date upon which a waiver of the WQC will occur
if you do not act on the certification is 1212712022. Understood.
7) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project. Understood.
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
Mobile: [phone]
Email: David. [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: RaleighNCREG <[e-mail]>
Sent: Monday, August 29, 2022 1:45 PM
To: Catherine Carston <[e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2020-01862 (Brittway 11 / 4150 R1 Pleasant Garden Road / Greensboro / Guilford County)

Good afternoon,
We have received your Pre -Construction Notification (PCN) NWP request for the above project and forwarded it to Dave
Bailey for further processing.
Thank you,
Josephine Schaffer
From: Catherine Carston <[e-mail]>
Sent: Monday, August 29, 2022 12:19 PM
To: RaleighNCREG <[e-mail]>
Cc: Michael Brame <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] Pilot Project 7589 - Brittway Elmsley Drive Extension PCN Submittal
Please find the attached PCN for the Brittway Elmsley Drive Extension (Corps Action ID: SAW-2020-01864). Please let me
know if you have any questions or need anything further to complete your review. Thank you and have a great day.
Sincerely,
Catherine Carston
336.712.7381 (c)
336.310.4527 (o)
PO Box 128 PI
Kernersville, NC 27285 °"°T E""'"°""`"'°`'INC
www.pilotenviro.com
cca rstonPoilotenviro.com

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Ken Chavis
CIP Construction
201 N Elm Street
Greensboro, NC 27401
Project: E. Elmsley Road Extension
NORTH CAROLINA
Environmental Quality
October 28, 2022
Expiration of Acceptance: 4/28/2023
County: Guilford
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030002
Riparian Wetland
0.524
Cape Fear
03030002
Warm Stream
335
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
e�du,t�
FOR James. B Stanfill
Deputy Director
cc: Catherine Carston, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
h(h�TH :.AROI iRA IV
o �nmmmenni w�a 919,707,8976