20061135 Ver 2_Request for Withdrawal_20221116

Strickland, Bev
From: paul bode <[e-mail]>
Sent: Wednesday, November 16, 2022 12:43 PM
To: Deborah Shirley
Cc: Homewood, Sue
Subject: Re: FW: [External] RE: More Information Request for Oxford Park SD - DWR#
20061135v2
Follow Up Flag: Follow up
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Sue,
Thank you for all your help and guidance through this permitting process. Since we last spoke, we have identified an
engineer to complete the stormwater work that was requested. Additionally, we have hired RGA to complete the SHPO
requirements that were discussed in the public notice.
We have every intention of resubmitting our permit as soon as the requested additional information has been
completed. However, based on my conversation with Debbie, it seems like the best approach going forward would be a
voluntary withdrawal.
We appreciate all that you have done to help us and the last thing we want to do is create unnecessary workload
through the 'denial without prejudice' process.
Please let this serve as notice as the voluntary withdrawal. We look forward to working with you and your team when
the permit is in a position to be resubmitted.
We look forward to speaking soon, but until then, all the best,
Paul
On Wed, Nov 16, 2022 at 11:48 AM Deborah Shirley <[e-mail]> wrote:
Paul,
Please see the email below from Sue Homewood with the NCDWR, we either need to formally withdraw or they will
send a letter of denial without prejudice. Attached is an email with the outcome of each action. Please respond to Sue
at your earliest convenience.
Thanks,
1

DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Tuesday, November 15, 2022 11:45 AM
To: Deborah Shirley <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
Hi Debbie,
Has your client decided on any action on this?
2

Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Homewood, Sue
Sent: Wednesday, November 9, 2022 2:53 PM
To: Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
See below responses
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Deborah Shirley <[e-mail]>
Sent: Monday, November 7, 2022 10:37 AM
To: Homewood, Sue <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
3

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Report Spam.
Sue,
Thank you for your response. I will talk with the applicant about the best way to move forward. I do have a few
questions however, if you wouldn't mine providing this information to assist with a withdrawal decision:
1. Please confirm if a new DWR 30-day prefiling meeting request would not be needed? It is my understanding
that the DWR has been fairly lenient with this requirement and if a new 30-day prefiling would be required,
that this email would suffice? You can use the previous pre -filing notification for the next application since the
project is the same.
2. Since the DWR relied on the USACE Public Notice for this project, I am assuming that a new DWR Public Notice
would not be required if the application was withdrawn. Please confirm; According to our regulations, every
application for an Individual 401 must be put out to notice. We didn't think to be clear about resubmittals of
the same project as previously noticed. To avoid any risk of a 401 being challenged as invalid, we currently put
projects back out to notice upon resubmittal.
3. What would happen if the applicant did not formally withdraw the application? As previously stated, the
Division must make a final decision on the application within the federally mandate timeframe. If we do not
have sufficient information to issue the 401 then our only other option is to deny without prejudice, which
means they can reapply at any time.
Thank you for any clarifications that you can provide,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
4

Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Monday, November 7, 2022 8:01 AM
To: Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
Debbie,
While DWR would like to be able to grant extensions to applicants who request them, a federal regulation mandates
that DWR make a final decision on all applications within 120 days of receipt. The USACE has identified a few very
specific scenarios where they will grant DWR an extension to this timeline (see RGL 19-02) but "the applicant needs
more time" is not one of those. I suggest that you consider withdrawing the current application and reapply when the
applicant secures all the information required. A new application fee will be required at that time. I apologize for the
inconvenience but it is out of DWR's control.
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
5

From: Deborah Shirley <[e-mail]>
Sent: Friday, November 4, 2022 4:05 PM
To: Homewood, Sue <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sue,
We would like to request an additional 30-day extension, and quite possibly a 60-day extension in order to respond to
the Request For Additional Information (RFAI) letter sent from your office on September 8, 2022 for the Oxford Park
project. The applicant is in the process of finding a new engineering firm to work on the minimization requests, the
conceptual stormwater management plan, in addition to all of the other information items requested. Having to get a
new engineer up to speed on the project and them needing the time to work on updating exhibits etc. is what is driving
this extension request.
Please let me know if the applicant can have a 30-day extension to provide a response to the RFAI letter from your
office.
Thank you,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
6

Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Wednesday, October 5, 2022 10:32 AM
To: Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>; [e-mail]; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
Thank you Debbie,
The Division will extend the due date to Nov 7, 2022 as requested.
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
7

From: Deborah Shirley <[e-mail]>
Sent: Tuesday, October 4, 2022 2:41 PM
To: Homewood, Sue <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>; [e-mail]; paul bode <[e-mail]>
Subject: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sue,
Thank you for meeting with us today, your guidance on this project is appreciated. We would like to request a 30-day
extension to the NCDWR's Request for More Information letter dated September 8, 2022 for the subject project. This
would extend the period of time to respond to November 7, 2022. Please let us know if that is acceptable.
Thank you,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
8

This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Monday, September 12, 2022 10:54 AM
To: ([e-mail]; Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>; Garrison, Gabriela <[e-mail]>
Subject: More Information Request for Oxford Park SD - DWR#20061135v2
Please see attached. Hard copies will not be sent unless requested.
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Forwarded message
From: "Homewood, Sue" <[e-mail]>
To: Deborah Shirley <[e-mail]>
Cc:
Bcc:
9

Date: Tue, 15 Nov 2022 17:14:49 +0000
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
The only negatives that I can think of is that the applicant receives a letter stating denial, and in my experience many
people don't like letters like that even when it's just a formality.
It's a little more work for me to process a denial than a voluntary request for withdrawal.
Legally you could challenge a denial and not a voluntary withdrawal. An appeal of a denial would probably take longer
than resubmitting with all the requested information.
If you know you won't be submitting a request to withdraw just please let me know. Thank you.
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Deborah Shirley <[e-mail]>
Sent: Tuesday, November 15, 2022 12:01 PM
To: Homewood, Sue <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sue,
10

Regarding your response to question #3, are there any negative consequences to a denial without prejudice? Is it
better for the client to formally withdraw vs. a DWR denial without prejudice?
Thanks,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Tuesday, November 15, 2022 11:45 AM
To: Deborah Shirley <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
Hi Debbie,
11

Has your client decided on any action on this?
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Homewood, Sue
Sent: Wednesday, November 9, 2022 2:53 PM
To: Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
See below responses
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
12

From: Deborah Shirley <[e-mail]>
Sent: Monday, November 7, 2022 10:37 AM
To: Homewood, Sue <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sue,
Thank you for your response. I will talk with the applicant about the best way to move forward. I do have a few
questions however, if you wouldn't mine providing this information to assist with a withdrawal decision:
1. Please confirm if a new DWR 30-day prefiling meeting request would not be needed? It is my understanding
that the DWR has been fairly lenient with this requirement and if a new 30-day prefiling would be required,
that this email would suffice? You can use the previous pre -filing notification for the next application since the
project is the same.
2. Since the DWR relied on the USACE Public Notice for this project, I am assuming that a new DWR Public Notice
would not be required if the application was withdrawn. Please confirm; According to our regulations, every
application for an Individual 401 must be put out to notice. We didn't think to be clear about resubmittals of
the same project as previously noticed. To avoid any risk of a 401 being challenged as invalid, we currently put
projects back out to notice upon resubmittal.
3. What would happen if the applicant did not formally withdraw the application? As previously stated, the
Division must make a final decision on the application within the federally mandate timeframe. If we do not
have sufficient information to issue the 401 then our only other option is to deny without prejudice, which
means they can reapply at any time.
Thank you for any clarifications that you can provide,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
13

8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Monday, November 7, 2022 8:01 AM
To: Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
Debbie,
While DWR would like to be able to grant extensions to applicants who request them, a federal regulation mandates
that DWR make a final decision on all applications within 120 days of receipt. The USACE has identified a few very
specific scenarios where they will grant DWR an extension to this timeline (see RGL 19-02) but "the applicant needs
more time" is not one of those. I suggest that you consider withdrawing the current application and reapply when the
applicant secures all the information required. A new application fee will be required at that time. I apologize for the
inconvenience but it is out of DWR's control.
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
14

336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Deborah Shirley <[e-mail]>
Sent: Friday, November 4, 2022 4:05 PM
To: Homewood, Sue <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sue,
We would like to request an additional 30-day extension, and quite possibly a 60-day extension in order to respond to
the Request For Additional Information (RFAI) letter sent from your office on September 8, 2022 for the Oxford Park
project. The applicant is in the process of finding a new engineering firm to work on the minimization requests, the
conceptual stormwater management plan, in addition to all of the other information items requested. Having to get a
new engineer up to speed on the project and them needing the time to work on updating exhibits etc. is what is driving
this extension request.
Please let me know if the applicant can have a 30-day extension to provide a response to the RFAI letter from your
office.
Thank you,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
15

North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Wednesday, October 5, 2022 10:32 AM
To: Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>; [e-mail]; paul bode <[e-mail]>
Subject: RE: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
Thank you Debbie,
The Division will extend the due date to Nov 7, 2022 as requested.
Sue Homewood (she/her/hers)
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
16

450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Deborah Shirley <[e-mail]>
Sent: Tuesday, October 4, 2022 2:41 PM
To: Homewood, Sue <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>; [e-mail]; paul bode <[e-mail]>
Subject: [External] RE: More Information Request for Oxford Park SD - DWR#20061135v2
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sue,
Thank you for meeting with us today, your guidance on this project is appreciated. We would like to request a 30-day
extension to the NCDWR's Request for More Information letter dated September 8, 2022 for the subject project. This
would extend the period of time to respond to November 7, 2022. Please let us know if that is acceptable.
Thank you,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
17

Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Homewood, Sue <[e-mail]>
Sent: Monday, September 12, 2022 10:54 AM
To: [e-mail]; Deborah Shirley <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>; Garrison, Gabriela <[e-mail]>
Subject: More Information Request for Oxford Park SD - DWR#20061135v2
Please see attached. Hard copies will not be sent unless requested.
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
18