20220949 Ver 1_More Info Requested_20221115

Strickland, Bev
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, November 15, 2022 6:41 PM
To: Ward Marotti
Cc: Thomas, Zachary T
Subject: [External] RE: Request for Additional Information (Oakwood Residential Development)
SAW-2020-01710
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Ward,
Your extension has been extended until Friday, November 18tn
Thanks,
April
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
From: Ward Marotti <[e-mail]>
Sent: Tuesday, November 15, 2022 5:00 PM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information (Oakwood Residential
Development) SAW-2020-01710
April:
The additional field analysis is complete and the impact map updates are under final review.
I will have them, along with response to USACE and DWR comments, to you by the end of the week. As I recall, your
response date is the 15tn. If this is correct, please extend it until Friday (18 November).
Thanks.
PAN LER
ENVIRONMENTAL¢ INC.
1

Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
980-308-9888
spanglerenvironmental.com
[e-mail]
525 N. Tryon St, Suite 1600 Charlotte, NC 28202
DU
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential
and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by
calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than
the identified recipient is strictly prohibited.
From: Ward Marotti
Sent: Monday, October 10, 2022 9:55 AM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Cc: Alex Hornaday<[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: RE: Request for Additional Information (Oakwood Residential Development) SAW-2020-01710
April/Colleen:
Due to survey staffing and other scheduling challenges, additional site data will be collected this week. Please extend
the response deadline.
Thanks.
� N
ENVIRONMENTAL [NC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
980-308-9888
spanglerenvironmental.com
[e-mail]
525 N. Tryon St, Suite 1600 Charlotte, NC 28202
DU
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential
and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by
calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than
the identified recipient is strictly prohibited.
2

From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, September 7, 2022 11:49 AM
To: Ward Marotti <[e-mail]>
Cc: Alex Hornaday<[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: RE: Request for Additional Information (Oakwood Residential Development) SAW-2020-01710
Your 30-day extension request for the subject project has been granted.
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
From: Ward Marotti <[e-mail]>
Sent: Wednesday, September 7, 2022 11:04 AM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Cc: Alex Hornaday<[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information (Oakwood Residential
Development) SAW-2020-01710
Thanks for your prompt response.
Yes, per below, please provide a 30 day extension.
PANGLE
ENVIRONMENTAL, [NC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
980-308-9888
spanglerenvironmental.com
[e-mail]
525 N. Tryon St, Suite 1600 Charlotte, NC 28202
moo
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential
and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by
calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than
the identified recipient is strictly prohibited.
3

From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, September 7, 2022 10:48 AM
To: Ward Marotti <[e-mail]>
Cc: Alex Hornaday<[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: RE: Request for Additional Information (Oakwood Residential Development) SAW-2020-01710
Hi Ward,
Thank you for your response. Your permit application remains active. Would you like a 30-day extension (with responses
due 10/15/2022) to provide additional responses/updates? If additional time is needed after that, please request it.
Let me know if you have any additional questions.
Thanks,
April
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
From: Ward Marotti <[e-mail]>
Sent: Wednesday, September 7, 2022 10:34 AM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Cc: Alex Hornaday<[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information (Oakwood Residential
Development) SAW-2020-01710
April and Colleen:
Per your comments, please see our below responses. As stated in item 1) a more detailed survey is underway and we
will provide the updated impact maps as soon as it is completed.
Please confirm that, per our below responses, the project's permit application remains active (i.e. not withdrawn).
Thanks!
AN
ENVIRONMENTAL INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
4

866-772-6453
980-308-9888
spanglerenvironmental.com
[e-mail]
e 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
DU
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential
and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by
calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than
the identified recipient is strictly prohibited.
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, August 15, 2022 2:16 PM
To: Alex Hornaday<[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: Request for Additional Information (Oakwood Residential Development) SAW-2020-01710
Dear Alex Hornaday,
Thank you for your Preconstruction Notification (PCN) dated July 14, 2022, for the above referenced project. I have
reviewed the information and need clarification before proceeding with verifying the use of Nationwide Permits (NWPs)
29 and 58.
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) The PCN indicates that the proposed project would result in the permanent discharge of fill material into 3,717
(assuming square feet) of stream bed. The total acreage for the proposed stream impacts would result in the loss of
^'0.08 acre of stream bed. Nationwide permits may not be used for activities that may result in the loss of more than
0.05 acre of stream bed. Please revise your plan sheets to meet the required NWP thresholds or withdraw your
application and request a Standard Permit.
Response: Upon further review of the impact plans, it appears that the average stream width/area within the
impact areas was not accurately surveyed. The widths calculated from the impact area measurements are not
visually consistent with the scale bars on the corresponding pages. Further, after georeferencing the impact
maps using ArcMap, it seems that the impact area amounts may have been extrapolated upon insufficient
stream width averages. We plan to have qualified SEI environmental scientists accompany the designers'
surveyors and record representative cross sections at the stream impact locations, as well as oversee the
surveyors in the field to acquire more precise measurements (between ordinary high water marks). We will
deliver these updated data to you as soon as complete.
2) Cumulative permanent stream impacts for this project exceed the 0.02-acre and therefore compensatory mitigation is
required. Please submit a compensatory mitigation plan. The mitigation rule generally prescribes purchasing stream
credits first through a mitigation bank with stream credits available in the appropriate 12-digit HUC, or second through
the NC Division of Mitigation Services; please provide a mitigation acceptance letter from your proposed compensatory
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mitigation provider. Typically, compensatory mitigation is required at a 2:1 credit to impact ratio unless otherwise
justified based on evaluation of aquatic function.
Response: Mitigation bank SOAs will be provided after accurate impact area measurements are
completed. They will be provided with the above impact updates
3) The PCN included an outdated Approved Jurisdictional Determination. On August 30, 2021, the U.S. District Court for
the District of Arizona remanded and vacated the 2020 Navigable Waters Protection Rule (NWPR) defining "waters of
the United States" under the Clean Water Act via an order on motion for summary judgement in the Pasqua Yaqui Tribe
et al v. United States Environmental Protection Agency et al. case. The Corps has halted implementation of the NWPR
and are interpreting "waters of the United States" consistent with the pre-2015 regulatory regime. Please submit an
updated jurisdictional determination request using the attached Rapanos Form.
Response: We are no longer claiming that any wetland features are non -jurisdictional (i.e. all are WOTUS), as our
client is either including these features in their wetland impact totals or avoiding impacts altogether.
4) Please note that the PCN submitted was dated January 2009. The current PCN used dated April 13, 2022, is located at
the following link: https://edocs.deq.nc.gov/Forms/Pre-Construction Notification Form. Please use the most up to date
form when submitting PCNs.
Response: An updated (current) PCN will be provided, along with the above updated information.
5) Please note that responses to the above questions will likely result in an additional request for information to ensure
that the project is fully evaluated. Also, it would be helpful to include information regarding the after the fact impacts.
Response: Additional information re: after the fact impacts (in place at the time of parcel purchase by the
current applicant) will be included in the updated PCN/survey.
Please let me know if you have any questions.
Sincerely,
April Norton
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
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