HomeMy WebLinkAbout20221192 Ver 1_20221192 Ver 1__20221121_20221118Baker, Caroline D
From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>
Sent: Wednesday, November 23, 2022 12:06 PM
To: Kate Hefner; Thomas, Zachary T
Cc: Lauren Norris -Heflin; mark@fig.11c; Sean Hein; Amanda Johnson
Subject: [External] Provisional NWP 29 and 18 Verifications: SAW-2022-02049 (Wicker Farm /
125 South Franklin Drive / Sanford / Lee County)
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This is a provisional notification that your proposed work may be authorized by the above referenced general permits
provided a 401 Certification is issued or waived. Once a 401 Certification is issued or waived, the Corps will provide you
with final general permit verifications. Your proposed work shall not commence until after the 401 Certification has been
issued or waived and until a final general permit verification has been provided to you. Additional special conditions may
be added to the final general permit verification, including those requiring compensatory mitigation for permanent
wetland impacts.
As stated above, this is a provisional notification. This email does NOT provide Department of the Army (DA)
authorization. You are cautioned that commencement of the proposed activities requested prior to receiving a written
DA authorization would constitute a violation of Federal laws and subject you to further enforcement action. Receipt of
a permit from the state (e.g., NCDWR) does not preclude the requirement for obtaining DA authorization (e.g., an NWP
verification letter) prior to commencing the work.
Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers regulatory
program.
Respectfully,
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: (919) 817-2436
Email: David. E.Bailey2@usace.army.miI
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: Kate Hefner <Kate.Hefner@timmons.com>
Sent: Friday, November 18, 2022 2:55 PM
To: Thomas, Zachary T <zachary.thomas@ncdenr.gov>; Bailey, David E CIV USARMY CESAW (USA)
<David. E. Bai ley2@ usace.a rmy. mi 1>
Cc: Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com>; mark@fig.11c; Sean Hein <Sean.Hein@timmons.com>;
Amanda Johnson <Amanda.Johnson@timmons.com>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: Request for Additional Information: SAW-2022-
02049 (Wicker Farm / 125 South Franklin Drive / Sanford NC / Lee County)
Hi Zach,
I'm not sure why it didn't go through, but attached is the RAI response package. It looks like our photodoc was the big
problem, so being able to reduce that helped a ton!
Let me know if you have any other trouble with it.
Thanks!
Kate Hefner, WPIT (she/her)
Environmental Scientist
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office:919.866.4953 1 Cell:828.455.4636
Kate. Hefner@timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Thomas, Zachary T <zachary.thomas@ncdenr.gov>
Sent: Friday, November 18, 2022 2:37 PM
To: Kate Hefner <Kate.Hefner@timmons.com>; David. E.Bailey2@usace.army.miI
Cc: Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com>; mark@fig.11c; Sean Hein <Sean.Hein@timmons.com>;
Amanda Johnson <Amanda.Johnson@timmons.com>
Subject: RE: [External] RE: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin
Drive / Sanford NC / Lee County)
Hi Kate,
I am not seeing it in Laserfiche. Is there anyway to compress it or break it into multiple PDFs?
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (919) 791-4255 1 Cell: (919) 817-1177
zachary.thomas@ncdenr.gov
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
jg�D, E QF�
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and mov hp rlisrinsPrl to third nartiPs.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
From: Kate Hefner <Kate.Hefner@timmons.com>
Sent: Friday, November 18, 2022 12:46 PM
To: Thomas, Zachary T <zachary.thomas@ncdenr.gov>; David.E.Bailey2@usace.army.mil
Cc: Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com>; mark@fig.11c; Sean Hein <Sean.Hein@timmons.com>;
Amanda Johnson <Amanda.Johnson@timmons.com>
Subject: RE: [External] RE: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin
Drive / Sanford NC / Lee County)
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Report Spam.
Hi Zach,
I've submitted the information to DWR's edoc website. Thank you for letting me know you are not allowed to open any
share file documents!
Let me know if it doesn't go through.
Thanks!
Kate Hefner, WPIT (she/her)
Environmental Scientist
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office: 919.866.4953 1 Cell: 828.455.4636
Kate. Hefner@timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Thomas, Zachary T <zachary.thomas@ncdenr.gov>
Sent: Friday, November 18, 2022 12:42 PM
To: Kate Hefner <Kate.Hefner@timmons.com>; David. E.Bailey2@usace.army.miI
Cc: Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com>; mark@fig.11c; Sean Hein <Sean.Hein@timmons.com>;
Amanda Johnson <Amanda.Johnson@timmons.com>
Subject: RE: [External] RE: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin
Drive / Sanford NC / Lee County)
Hi Kate,
We are not allowed to open any type of share files documents. Could you please upload it to the supplemental
information link here: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form? Please select "More
Information Response" and include Existing ID 20221192 Version 1— this will upload it into our storage files, and I can
access from there.
Please let me know once you submit and I will make sure it came through on my end.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (919) 791-4255 1 Cell: (919) 817-1177
zachary.thomas@ncdenr.gov
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
From: Kate Hefner <Kate.Hefner@timmons.com>
Sent: Friday, November 18, 2022 12:19 PM
To: Thomas, Zachary T <zachary.thomas@ncdenr.gov>; David. E.Bailey2@usace.army.mil
Cc: Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com>; mark@fig.11c; Sean Hein <Sean.Hein@timmons.com>;
Amanda Johnson <Amanda.Johnson@timmons.com>
Subject: RE: [External] RE: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin
Drive / Sanford NC / Lee County)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Dave/Zach,
Good afternoon!
We have completed the Request for Additional Information (RAI) response document for all of your comments about
the Wicker Farm project. The document is too large to send via email, so you should be receiving a file share email to
download the pdf. If that doesn't work please let me know as soon as possible.
Let us know if you have any additional questions or concerns.
Thanks and have a great weekend!
Kate Hefner, WPIT (she/her)
Environmental Scientist
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office: 919.866.4953 1 Cell: 828.455.4636
Kate. Hefner@timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Thomas, Zachary T <zachary.thomas@ncdenr.gov>
Sent: Monday, October 31, 2022 4:51 PM
To: Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com>; Kate Hefner <Kate.Hefner@timmons.com>; Mark
Lyczkowski <mark@fig.11c>
Cc: Cohn, Colleen M <colleen.cohn@ncdenr.gov>; David.E.Bailey2@usace.army.mil
Subject: RE: [External] RE: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin
Drive / Sanford NC / Lee County)
Good afternoon,
We have performed our initial review of the provided application and have a few questions for clarification before we
can proceed:
1. DWR concurs with the questions raised by the USACE. Please provide the Division a copy of your response to
the September 21, 2022 email from the U.S. Army Corps of Engineers requesting additional information. [15A
NCAC 02H .0502(c)].
2. Regarding sections F.2 & F.3, please provide more information about your statement of, "this project is exempt
from having a SWMP. Dry ponds have been designed....". [15A NCAC 02H .0502(c)].
3. Section 4.a regarding sewage disposal states that DWR is not needed for this project. Since there are impacts for
sanitary sewer construction, can you please provide more information about where waste generated by this
development will be treated? (i.e. Can you provide the sewer extension permit number for this project or more
info on why the question was answered "no"?). [15A NCAC 02H .0502(c)].
Please let me know if you have any questions.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (919) 791-4255 1 Cell: (919) 817-1177
zachary.thomas@ncdenr.gov
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
jg�D, E QF�
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and mov hp rlisrinsPrl to third nartiPs.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
From: Cohn, Colleen M <colleen.cohn@ncdenr.gov>
Sent: Monday, October 31, 2022 2:48 PM
To: Thomas, Zachary T <zachary.thomas@ncdenr.gov>
Subject: FW: [External] RE: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin
Drive / Sanford NC / Lee County)
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276o9
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: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil>
Sent: Wednesday, October 12, 2022 7:21 AM
To: Cc:
Subject: [External] RE: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin Drive /
Sanford NC / Lee County)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Kate, and thanks for your email. An extension to respond to our RAI for Wicker Farm is granted until 11/21.
-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: (919) 817-2436
Email: David. E.Bailey2@usace.army.miI
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: Kate Hefner <Kate.Hefner@timmons.com>
Sent: Tuesday, October 11, 2022 12:18 PM
To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Mark Lyczkowski <mark@fig.11c>
Cc: Cohn, Colleen M <colleen.cohn@ncdenr.gov>; Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2022-02049 (Wicker
Farm / 125 South Franklin Drive / Sanford NC / Lee County)
Good afternoon Dave,
I wanted to request an extension of the RAI response for Wicker Farm until 11/21.
We are hopeful the response will be sent by 10/21, but since the data still needs to be processed we would like to
request an extension in case it takes longer.
Please let me know if this request cannot be approved.
Thanks!
Kate Hefner, WPIT (she/her)
Environmental Scientist
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office:919.866.4953 1 Cell:828.455.4636
Kate. Hefner@timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>
Sent: Wednesday, September 21, 2022 5:45 PM
To: Kate Hefner <Kate.Hefner@timmons.com>; Mark Lyczkowski <mark@fig.11c>
Cc: Cohn, Colleen M <colleen.cohn@ncdenr.gov>
Subject: Request for Additional Information: SAW-2022-02049 (Wicker Farm / 125 South Franklin Drive / Sanford NC /
Lee County)
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.
on
Thank you for your PCN, dated 9/1/2022, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permit (NWP) 29 (https://saw-
reg.usace.army.mil/NWP2021/NWP29.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) Impact 1:
a. The Permanent Wetland impact shading on Sheet CWI-2.1 does not appear to extend to the full extent
of the rip rap dissipation pad with Wetland K. Please make this change on the plans and ensure that the
entirety of this footprint is included within the Dissipation Pad impact calculation, compensatory
mitigation proposal, etc.
b. Based on the information provided, the uppermost extent of Wetland K appears to be a groundwater
seep. In order to continue hydrologic input into the top of this wetland following construction, and in
addition to out -letting the stormwater pipe down gradient of Impact 1, could an underdrain (e.g. French
drain, etc.) be installed from the groundwater seep to outlet at the fill slope? If so, please provide this
detail in project plans.
2) Impact 2: although a stormwater pipe is shown out -letting down -gradient from road fill, it is not clear that the
out-letted water would reach the segment of wetlands directly down -gradient of the proposed wetland impact.
Please specify how the entirety of the remaining portion of Wetland B would maintain its hydrology following
construction;
3) It appears that proposed Impact 3 is related to a fill slope for a stormwater pond:
a. Per NWP 29 Reginal Condition C.a., "Discharges in streams and wetlands for stormwater management
facilities are prohibited under this NWP."
b. Furthermore, it is not clear that this activity is designed to avoid and minimize adverse effects, both
temporary and permanent, to waters of the United States to the maximum extent practicable at the
projectsite, as required by NWP General Condition 23(a). Specifically, additional measures such as re-
designing the footprint of the pond, steepening slopes (including rock armoring, or adding a retaining
wall could all be used to back the fill slope out of the wetland area.
c. Placing a fill slope at the bank of a bend in an existing stream has frequently been shown to lead to
future maintenance issues, require stream bank stabilization, and cause sediment loading into the
stream. Given these predictable maintenance problems and indirect impacts to aquatic resources,
please re -design this project segment accordingly or provide specific information to justify that these
changes are not practicable (Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes).
d. The preceding notwithstanding, NWP 18 could potentially be used to authorize small impacts to waters
for stormwater management facilities.
4) Impact 5: similar to item 3)c. above, installing a buried sewer line at the bank of a bend in an existing stream,
unnecessarily risks future sewer line maintenance issues and recurring bank instability and sediment loading
into the stream. Given these predictable maintenance problems and indirect impacts to aquatic resources,
please re -design this segment of the sewer line accordingly (even small shifts in the alignment away from the
stream are beneficial) or provide specific information to justify that these changes are not practicable.
5) Please provide a restoration plan for the temporary impacts to wetland and stream areas, per NWP 29 Reginal
Condition B.10 and 11.
6) Please provide a plan view of the full extent of the proposed sewer line (to its tie-in with existing infrastructure)
overlaid on a delineation of potential waters of the US, as it appear that this sewer line is necessary for the
function of the residential development. 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.
7) 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 29 Water Quality
General Certification No. 4256, dated 1211812020 (https.-Z saw-
reg.usace.army.mil/NWP2021/NWP29 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 1213012022.
8) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
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: (919) 817-2436
Email: David. E.Bailey2@usace.army.miI
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 <RaleighNCREG@usace.army.mil>
Sent: Thursday, September 1, 2022 2:01 PM
To: Kate Hefner <Kate.Hefner@timmons.com>
Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil>
Subject: SAW-2022-02049 (Wicker Farm / 125 South Franklin Drive / Sanford NC / Lee County)
Good afternoon,
Your Pre -Construction Notification (PCN) NWP request has been received, assigned action ID SAW-2022-02049 and
forwarded to Dave Bailey for further processing,
Please refer to the action ID in all correspondence.
Thank you,
Josephine Schaffer
From: laserfiche@ncdenr.gov <laserfiche@ncdenr.gov>
Sent: Thursday, September 1, 2022 11:20 AM
To: RaleighNCREG <RaleighNCREG@usace.army.mil>
Cc: SAW-PCN-RG <SAW-PCN-RG@usace.army.mil>
Subject: [Non-DoD Source] PCN - Lee - Non -DOT
A new project has been received on 9/1/2022 11:18 AM for Wicker Farm. The link below will take you to the project
folder.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2476157;view=browse
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses aren't monitored.
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