20230095 Ver 1_USACE Correspondence_20230214

Chandler, Rebecca D
From:Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent:Tuesday, February 14, 2023 10:43 AM
To:'[e-mail]'; Dennis Palmer
Cc:Homer, Seren M; Chandler, Rebecca D
Subject:\[External\] Request for Additional Information: SAW-2023-00159 (Sherwood West
townhomes / stream realignment / 3995 A Valley Court / Winston Salem / Forsyth
County)
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All,

Thank you for your PCN, dated 1/16/2023, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permit (NWP) 27 (https://saw-
reg.usace.army.mil/NWP2021/NWP-27.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consider your application withdrawn and close the file: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) Your project does not fit the description as one that can be authorized via NWP 27. Namely, NWP 27 states that
the activities must “result in net increases in aquatic resource functions and services.” The straight trapezoidal
channel proposed does not use natural channel design principals, and sufficient details have not otherwise been
provided to justify that the project will result in net increases in aquatic resource functions and services.
Given that the purpose of the project is to stabilize an eroding bank and protect an existing townhome
structure, other NWPs such as NWP 13 for Bank Stabilization could potentially be used to authorize the
proposed project. However, be sure to clearly explain why use of natural channel design techniques or other
measures to minimize adverse effects to the stream channel are not practicable in this scenario.
2) How will the active stream channel be dewatered during construction to prevent sediment loading and turbidity
downstream?
3) How will the proposed stream channel banks be stabilized to prevent erosion and scour once water is released
in the new channel? Note that, unless otherwise not practicable, stream banks must be seeded with a regionally
appropriate native riparian seed mix and should be live staked with native riparian woody species.
4) Although the Corps does not believe that compensatory mitigation is appropriate or required for this project,
note that the Corps does not agree that the project will result in no net loss of waters/aquatic function (per PCN
Section D.3j.). In particular, approximately 90 linear feet of stream channel would be reduced to approximately
62 linear feet of stream channel (a reduction of 28 linear feet). Further, the trapezoidal channel proposed is not
designed with natural channel design techniques, indicating that aquatic function of the stream channel would
be reduced following construction.

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: Within 14 days, please notify me if the certification request does not contain the nine (9) components
listed in Section 121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule; otherwise, we will consider our
receipt date (1/16/2023) as accurate. As specified in the 9/16/2022, Programmatic Agreement (PA) between the USACE
and the NCDWR, the reasonable period of time (RPOT) for DWR to act on a Section 401 certification request is 120 days
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unless the RPOT is extended per the terms of this PA. As such, unless we receive an email request for an extension of the
RPOT, the USACE will consider the Section 401 certification for this project to be waived on 5/16/2023.

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: [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: Wednesday, January 18, 2023 4:28 PM
To: RaleighNCREG <[e-mail]>; '[e-mail]'
<[e-mail]>
Cc: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>; Bailey, David E CIV USARMY
CESAW (USA) <[e-mail]>
Subject: RE: SAW-2023-00159 (Sherwood West / 3995 A Valley Court / Winston Salem NC / Forsyth County)

Correction the PM will be Dave Bailey.

Thanks,
Jho

From: RaleighNCREG
Sent: Wednesday, January 18, 2023 4:23 PM
To: [e-mail]
Cc: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Subject: SAW-2023-00159 (Sherwood West / 3995 A Valley Court / Winston Salem NC / Forsyth County)

Good afternoon,

Your Pre-Construction Notification (PCN) NWP request has been received, assigned action ID SAW-2023-00159 and
forwarded to Lyle Phillips for further processing.

Please refer to the action ID in all correspondence.

Thank you,
Josephine Schaffer

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From: CharlotteNCREG <[e-mail]>
Sent: Tuesday, January 17, 2023 2:18 PM
To: RaleighNCREG <[e-mail]>
Subject: PCN - Forsyth - Non-DOT

From: [e-mail] <[e-mail]>
Sent: Monday, January 16, 2023 1:29 PM
To: CharlotteNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: \[Non-DoD Source\] PCN - Forsyth - Non-DOT

A new project has been received on 1/16/2023 1:27 PM for Sherwood West. The link below will take you to the project
folder.

https://edocs.deq.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2643602;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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