20230126 Ver 1_Email_20230302

Baker, Caroline D
From: Mcdaniel, Chonticha
Sent: Wednesday, March 1, 2023 10:38 AM
To: Peyton Joyner
Cc: Brad Haertling; Homewood, Sue
Subject: RE: [External] Re: More Info Request for Nelsons Creek at Mocksville / Country Lane /
Davie County - DWR#20230126
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Payton,
I just talked to Sue and she explained to me that because the project is seeking a 401 permit, we will need to review and
evaluate the stormwater management plan in order to proof protection of downstream water quality (regardless of
whether the project is within our buffer areas). The "no degradation" option will need to discuss how the new
development won't negatively impact the receiving stream (pre vs. post flows, volumes, and velocities analysis for the 1-
yr, 10-yr, and 25-yr storms). Also, a discussion and calculations on potential sediments migration/addition to the stream
will also be needed. This is why it is mostly impossible for a high -density project to show no degradation without
installation of a SCM. For item 3, regarding the stream's structural integrity, you can use open channel flow analysis for
various storm scenarios (again pre vs. post). Also, per our discussion, visual monitoring of the stream (normally, during
the first 3 years) will be required in the 401 WQC if the project is approved under the 'no degradation' option.
Chonticha McDaniel (she/her/hers)
401 Stormwater Engineer, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
NORTH CAROLINAD_ E Q
Oepargnen� M Emironmentel Ouality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Peyton Joyner <[e-mail]>
Sent: Wednesday, March 1, 2023 9:30 AM
To: Mcdaniel, Chonticha <[e-mail]>
Cc: Brad Haertling <[e-mail]>
Subject: Fw: [External] Re: More Info Request for Nelsons Creek at Mocksville / Country Lane / Davie County -
DW R#20230126
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Chonticha,

Sue Homewood has referred my questions on DWR#20230126 to you. I was unable to get through the system
on the phone number she listed. Please call me at 984-222-3854 or Brad Haertling at 984-222-3862 as soon as
you can to arrange a time to discuss these questions over the phone or video link so we can go the right
direction on this. We need to wrap this up as soon as possible. Thank you for your help.
Peyton N. Joyner, PE
Senior Engineer
AMEICAN
EngIneering
American Engineering
4020 Westchase Blvd. Ste. 450
Raleigh NC, 27607
Office: 919-469-1101 ext. 311
www.american-ea.com
From: Homewood, Sue <[e-mail]>
Sent: Tuesday, February 28, 2023 7:30 PM
To: Peyton Joyner <[e-mail]>
Cc: Brad Haertling <[e-mail]>; Jack Harman <[e-mail]>; Mcdaniel, Chonticha
<[e-mail]>
Subject: RE: [External] Re: More Info Request for Nelsons Creek at Mocksville / Country Lane / Davie County -
DW R#20230126
Hi Peyton,
If you are referring to items b1 and b3 below then you will want to discuss this directly with our stormwater engineer,
Ms. Chonticha McDaniel. I have copied her on this email and her contact info is:
Chonticha McDaniel (she/her/hers)
401 Stormwater Engineer, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
chonticha.mcdaniel@ncdenr.

Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
Sue. [e-mail]
336 813 1863 mobile
919-707-3679 office *new*
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Peyton Joyner <[e-mail]>
Sent: Tuesday, February 28, 2023 10:11 AM
To: Homewood, Sue <[e-mail]>
Cc: Brad Haertling <[e-mail]>; Jack Harman <[e-mail]>
Subject: [External] Re: More Info Request for Nelsons Creek at Mocksville / Country Lane / Davie County -
DW R#20230126
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Report Spam.
Sue,
Brad Haertling and I would like to talk to you to understand exactly what you need on Comments 1 & 3 of this
project. We need to resolve this quickly and would love to have a video conference or phone call with you
today or tomorrow if that can be arranged so we can resolve these comments quickly. Please respond quickly
by phone or e-mail.
Thank you very much.
Peyton N. Joyner, PE
Senior Engineer
AMERICAN
EngIneering
American Engineering
4020 Westchase Blvd. Ste. 450
Raleigh NC, 27607
Office: 919-469-1101 ext. 311
www.american-ea.com
3

From: Brad Haertling <[e-mail]>
Sent: Friday, February 24, 2023 8:21 AM
To: Jack Harman <[e-mail]>; Peyton Joyner <[e-mail]>
Subject: FW: More Info Request for Nelsons Creek at Mocksville / Country Lane / Davie County - DWR#20230126
Brad Haertling
Civil Department Manager
AMERI AN
Engineering
American Engineering
4020 Westchase Blvd Ste. 450
Raleigh, NC 27607
Office: 919.469.1101
Direct: 984.222.3862
Mobile: [phone]
From: Michelle Savage-Measday, PWS <[e-mail]>
Sent: Wednesday, February 22, 2023 11:38 AM
To: Brad Haertling <[e-mail]>
Subject: FW: More Info Request for Nelsons Creek at Mocksville / Country Lane / Davie County - DWR#20230126
Brad,
See the State's comments below. These are in addition to the Corps comments. Who is approving the stormwater
management plan for the project?
Thanks,
Michelle
MICHELLE SAVAGE-MEASDAY, PWS I Environmental Senior Project Manager
ECS SOUTHEAST, LLP I T 919.861.9910 D 919.861.9821 C 919.441.2437
[e-mail] I www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Homewood, Sue <[e-mail]>
Sent: Wednesday, February 22, 2023 11:33 AM
To: Michelle Savage-Measday, PWS <[e-mail]>
Cc: [e-mail]
Subject: [EXTERNAL] More Info Request for Nelsons Creek at Mocksville / Country Lane / Davie County - DWR#20230126
Michelle,
The Division has the same concerns and questions as itemized by the USACE below. Please copy me on you response to
these items. In addition, on the ePCN, you indicated that this project is subject to Phase 11 stormwater requirements but

according to DEMLR's online interactive stormwater map it appears that it is not within the jurisdiction of a local
stormwater program. Please provide evidence from the local government if the map is inaccurate and the project is
subject to Water Quality Stormwater Review under a delegated Phase II or Water Supply program, or provide either:
a. A Completed Stormwater Management Plan, OR
b. The following items to document that the project will not cause degradation of downstream surface waters:
1) A discussion on how the project will not cause degradation of downstream surface waters when considering
the volume and velocity of the increased flows and the current size/condition of the receiving stream.
2) Delineation of each drainage area and accompanying calculations to show that flows from every discharge
point will be non -erosive to both the land surface and the receiving surface water during the peak flow from
the 10-year storm event. You may refer to the guidelines from DEMLR - Sedimentation and Erosion Control
to determine an appropriate non -erosive velocity. The permissible velocities for erosion protection are
under Appendix 8.05 (i.e. Chapter 8).
3) Calculations to demonstrate that for any discharge points proposed to increase flow rate and volume, the
structural stability of the receiving surface water will not be compromised.
4) Designed drawings (both aerial and profile views showing the actual designed dimensions) and calculations
of any proposed diffuse/dispersed flow or detention systems and any vegetated conveyances (if provided).
Please respond to this email within 30 days and please note that the Division considers this project "on hold" until a
complete response is received.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
Sue. [e-mail]
336 813 1863 mobile
919-707-3679 office *new*
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bailey, David E CIV USARMY CESAW (USA)
Sent: Friday, February 17, 2023 1:02 PM
To: Michelle Savage-Measday, PWS <[e-mail]>; Richard Denzler <rdenzler06130@road run ner.com>
Cc: Homer, Seren M <[e-mail]>; Chandler, Rebecca D <[e-mail]>
Subject: Request for Additional Information: SAW-2022-00168 (Nelsons Creek / Country Lane / Mocksville NC / Davie
County)
ON
Thank you for your PCN, dated 1/20/2023, 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. Stream Crossing 3A includes a vertical drop of approximately 5 feet within the culvert structure. This design does
not appear to comply with NWP 29 General Condition 2 or Regional Condition B.9.c. Please re -design this
crossing to fit the NWP terms and conditions, or fully detail how such a design complies with these terms and

conditions.
Note also that such a design, even if justified, would effectively isolate the stream reach above the culvert
structure, estimated at approximately 60 linear feet (0.003 acre), reducing the aquatic function of this
length/amount of channel; such reasonably foreseeable indirect impacts are taken into account when
determining compensatory mitigation requirements per the NWP General Conditions "District Engineers
Decision."
2. Proposed permanent loss stream impacts rely on rounding to the ten -thousandth place to reach figures
ostensibly below the compensatory mitigation threshold. However, stream length impacts taken to the sub -foot
as are shown on the plans, and then translated to acreage estimates as shown, are too precise to be relied on in
the field during construction based on the Corps experience. As such, and based on additional indirect losses of
stream function as described in item 1 above, the Corps would require compensatory mitigation for permanent
loss stream impacts as currently proposed, per NWP 29 Regional Condition B.7 and the NWP General Conditions
"District Engineers Decision." If additional plan revisions are not practicable to further reduce permanent loss
stream impacts, please submit a compensatory mitigation plan. The mitigation rule generally prescribes
purchasing stream credits first through a mitigation bank with stream credits available in this 8-digit HUC
(03040101), or second through the NC Division of Mitigation Services. Please provide a mitigation acceptance
letter from your proposed compensatory mitigation provider. Typically, compensatory mitigation is required at a
2:1 credit to impact ratio unless otherwise justified based on evaluation of aquatic function (i.e. NCSAM).
3. Based on Plan Sheet 1, Stream T1 would flow directly next to/between a proposed fill slopes for Lot 232 and a
retaining wall for Lots 383-385. How will these fills/structures be constructed while avoiding direct and indirect
impacts to Stream T1. Further, how will future secondary impacts be avoided, anticipating that Stream T1 could
predictably migrate into these fill/structures?
4. Per NWP 29 Regional Conditions B.11, please provide a restoration plan that thoroughly describes how all
temporary wetland and stream impacts will be removed, how pre -project conditions will be restored (should
involve use of biodegradable matting and seeding with regionally appropriate native wetland and riparian seed
mix), and include a timetable for all restoration activities.
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: 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/
Thank you for taking the time to visit this site and complete the survey.
From: RaleighNCREG <[e-mail]>
Sent: Tuesday, January 24, 2023 12:25 PM
To: Michelle Savage-Measday, PWS <[e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2022-00168 (Nelsons Creek / Country Lane / Mocksville NC / Davie County)

Good afternoon,
We have received your Pre -Construction Notification (PCN) NWP request for the above project and forwarded it to Dave
Bailey for further processing.
Thank you,
Josephine Schaffer
From: Wallace, Nancy L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, January 23, 2023 3:21 PM
To: Schaffer, Josephine L CIV USARMY CESAW (USA) <[e-mail]>
Subject: FW: PCN - Davie - Non -DOT
Hey, Josephine. This project was too large to send to the RaleighNCREG mailbox (106 MB) so I saved it on
the y: drive for you to pick up. The location is:
Y:\Common\RG\CESAW-RG-R\E-PCNs From Charlotte\Davie - Nelson's Creek at Mocksville - 1 20 2023
540 PM
Nancy Wallace
828-271-7980 Ext 4221
Office Schedule: Mon-Tues 0730-1530
Telework Schedule: Weds 0700-1500
nancy.wallace(o)-usace.army. m i
USACE Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue RM 208
Asheville, INC 28801
From: [e-mail] <[e-mail]>
Sent: Friday, January 20, 2023 5:45 PM
To: CharlotteNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: [Non-DoD Source] PCN - Davie - Non -DOT
A new project has been received on 1/20/2023 5:40 PM for Nelson's Creek at Mocksville. The link below will take you to
the project folder.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2650701;view=browse
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses aren't monitored.