20221640 Ver 2__External_ RE_ _URL Verdict_ Neutral__Non-DoD Source_ Wellington Park Dredging (SAW-2022-02488)_20230127

Baker, Caroline D
From:
Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent:
Monday, January 30, 2023 7:04 AM
To:
Carmen Tormey; Thomas, Zachary T
Cc:
Connor Brown
Subject:
[External] RE: [URL Verdict: Neutral] [Non-DoD Source] Wellington Park Dredging
(SAW-2022-02488)
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Got it, Carmen. Thanks.
-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/
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From: Carmen Tormey <[e-mail]>
Sent: Friday, January 27, 2023 3:04 PM
To: [e-mail]; Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: Connor Brown <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] Wellington Park Dredging (SAW-2022-02488)
Hello all,
I'm responding to confirm that the rip -rap lined plunge pool on the Wellington Park West Pond Dredging (SAW-2022-
02488 ver 2) project is included in the 0.94 acre impact estimate in section D.4 of the PCN. I pasted the email
conversation below.
I also noticed I miscalculated the buffer impacts on the East pond (SAW-2022-02488 ver 1).
Open water impacts: 0.67 ac - should be 0.72 ac
Buffer zone 1: 0.01 ac - should be 0.02 ac
Let me know if there is anything I need to do to account for this change on my end.
We have updated both plan sets with comments from the Town of Cary permit review. The only change to buffer
impacts are those listed above for the East Pond. I've included the updated plan sets here for your reference.

These projects have the same action ID but different version numbers. I just wanted to note that these are
separate dredging projects, on separate ponds, but in the same neighborhood.
Let me know if you have any questions,
Carmen
---------- Forwarded Message ---------------
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Date: Tue, Dec 27, 2022 at 3:48 PM
Subject: Provisional NWP 29 Verification: Wellington Park pond dredging west / Forest Park Way / Cary / Wake County;
SAW-2022-02488
To: Connor Brown <[e-mail]>
Cc: [e-mail] <[e-mail]>, Thomas, Zachary T <[e-mail]>
No
Please note that the activities proposed in the PCN for the above -referenced project better fit Nationwide Permit (NWP)
29 in this case than NWP 3. As such, the email below pertains to Provisional verification of the use of NWP 29 pending
issuance of an applicable 401 Water quality Certification from the NC Division of Water Resources.
1. If you disagree and would like to further discuss the applicability of NWP 3 to this project please let me know.
2. Please confirm whether or not the rip -rap lined inlet plunge pool (per Sheets 6 [listed as "Add Alternate 1..."], 8
and 9) is proposed and/or included in the 0.94 acre impact estimate in Section D.4 of the PCN.
This is a provisional notification that your proposed work may be authorized by the above referenced general permit
provided a 401 Certification is issued or waived. Once a 401 Certification is issued or waived, the Corps will provide you
with a final general permit verification. 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.
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.
It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division of Water
Resources (NCDWR) for this project.
For NCDWR: After review of the submitted PCN for the above referenced project, and NWP 29 Water Quality General
Certification No. 4256, dated 12/18/2020 (https://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 provided the 9 required elements for an individual WQC and constitutes the Corps initial
receipt of the WQC application. 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 3/17/2023.
Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers regulatory
program.
Sincerely,
Dave Bailey
Carmen Tormey
Ecological Engineer
Kris Bass Engineering
e. [e-mail]
c. [phone]