20230011 Ver 1_More Info Received_20230213

Baker, Caroline D
From: Thomas, Zachary T
Sent: Monday, March 27, 2023 3:53 PM
To: Trone, Rick
Cc: Hopper, Christopher D CIV USARMY CESAW (USA)
Subject: RE: [External] RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road
/ Wendell /Johnston County, NC - STATUTORY APPROVAL
Thanks, Rick!
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
�.41wDE Q
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: Trone, Rick <[e-mail]>
Sent: Friday, March 24, 2023 1:19 PM
To: Thomas, Zachary T <[e-mail]>
Cc: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road / Wendell /Johnston
County, NC -STATUTORY APPROVAL
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Zach,
See attached authorizations for both Browning Mill and Browning Stables.
Thanks,

Rick TroneWithersRavenel
........Mo�ao�e
115 MacKenan Drive I Cary, NC 27511
Office:919.469.3340 1 Direct:919.538.8184
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
From: Thomas, Zachary T <[e-mail]>
Sent: Friday, March 24, 2023 11:46 AM
To: Trone, Rick <[e-mail]>
Cc: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road / Wendell /Johnston
County, NC -STATUTORY APPROVAL
Hi Rick,
Can you provide a copy of the approved buffer authorization issued by Johnston County?
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
R�EQr,>
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third oorties.
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: Trone, Rick <[e-mail]>
Sent: Friday, February 17, 2023 7:50 AM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>

Cc: Thomas, Zachary T <[e-mail]>
Subject: [External] RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road / Wendell /Johnston County,
NC - STATUTORY APPROVAL
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good morning Chris,
Please see attached independent utility letter from the client. If you need anything else, please let me know.
Thanks,
Rick TroneWithersRavenel
........Mo�ao�e
115 MacKenan Drive I Cary, NC 27511
Office:919.469.3340 1 Direct:919.538.8184
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, February 13, 2023 3:46 PM
To: Trone, Rick <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road / Wendell /Johnston County, NC -
STATUTORY APPROVAL
Apologies for the confusion, Rick. The stream impact table in the PCN is the primary go -to during my reviews and in the
official record. We're bulking back up and hope to be sharing some of the workload soon. Before long we'll be able to
get back into detailed reviews.
If you can make a call and get the rules to sit still for a while, we'll work on updating the PCN — LOL. Exhibits and other
attachments should support, not conflict with, the impact table. I'll save this exchange for the record and the statutory
email I sent this morning is valid. Sorry again for the confusion.
I still need the statement I requested earlier before sending the statutory email for the other Browning project.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https:Hregulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.
From: Trone, Rick <[e-mail]>
Sent: Monday, February 13, 2023 12:10 PM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road
/ Wendell /Johnston County, NC - STATUTORY APPROVAL
Chris,
As noted in the overall impact summary table on the impact maps, square feet for S2 is 168 and S6 is 426 sf for a total of
594 sf which matches up with the acreage of 0.014. 1 did not realize you all were calculating based on the given stream
width. I estimate the stream width because I don't have that information available or at least I don't think I do but I will
make sure going forward and check with the engineer folks who may know it. I trust that what is in the table on the
impact maps is accurate. That said, they should add a sf line for streams in the PCN!
Thanks,
Rick TroneWithersRavenel
115 MacKenan Drive I Cary, NC 27511
Office:919.469.3340 1 Direct:919.538.8184
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, February 13, 2023 12:01 PM
To: Trone, Rick <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road / Wendell /Johnston County, NC -
STATUTORY APPROVAL
Here is the stream table.
S2 — culvert — 471f * 7ft wide = 329 sf
S6 — culvert — 801f * 8ft wide = 640 sf
Am I mistaken? If so, apologies.

3. stream Impacts
3a. Reason for impact* f?;
3b.Impact type *
3c. Type of impact*
3d. S. name""
3e. Strean
S1
Const. Access
Temporary
Dewatering
Stream 1
Intermitten
S2
Road Crossing
Permanent
Culuert
Rip Rao Fill
Streaw 1
Stream 1
Intermitten
g3
Rip Rap
Permanent
Intermitten
r�4
Const. Access
Temporary
Cewatering
Stream 1
Intarmitten
El
Coffer Dam
Temporary
aewatering
Stream VStream 2
Intarmitten
El
Road Crossing
Permanent
Culvert
Stream 2
Intermitten
g7
Rip Rep
Permanent
Rip Rap Fill
Stream 2
I rmitten
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts;
188
3i. Total stream and ditch impacts;
252
3j. Cornments:
Please see attached impact exhibits.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]
3i. Total temporary stream impacts
64
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.
From: Trone, Rick <[e-mail]>
Sent: Monday, February 13, 2023 11:53 AM

To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road
/ Wendell /Johnston County, NC - STATUTORY APPROVAL
Chris,
Can you elaborate on the stream loss for Browning Mill? The impacts total 594 sf/0.014 acres. If you're seeing an error
or something somewhere, please let me know where. I get these impact numbers from the engineers.
Rick TroneWithersRavenel
115 MacKenan Drive I Cary, NC 27511
Office:919.469.3340 1 Direct:919.538.8184
[e-mail]
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, February 13, 2023 10:32 AM
To: Trone, Rick <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road / Wendell /Johnston County, NC -
STATUTORY APPROVAL
Zach / Rick:
On the one I just sent — I should have looked closer. Culverted stream loss would be 969 square feet. This is more than
.02 acre (871.2 square feet). Stream mitigation will be required before any impact is authorized —this is a regional
condition, compliance with all of which are conditions of my statutory approval.
Before I send browning stables, I will need a statement from your client that each project has independent utility (i.e.
they would be built regardless of whether the other portion would), and that no shared HOA or other connection will be
made in the future.
One application (named 3709 Wendell Road for the USACE) shows the other proposed project on its plans, and the one
named Browning Stables does not. The record needs to show these are separate and complete.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https:Hregulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.
From: Trone, Rick <[e-mail]>
Sent: Monday, February 13, 2023 9:48 AM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road
/ Wendell /Johnston County, NC - STATUTORY APPROVAL
Thank you, Chris.
It's almost like you guys need to hire some people over there or something.
Let me know if you need anything on the other applications.
Have a good week.
Rick TroneWithersRavenel
115 MacKenan Drive I Cary, NC 27511
Office:919.469.3340 1 Direct:919.538.8184
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, February 13, 2023 9:15 AM
To: Rex Vick Jr. <[e-mail]>; Trone, Rick <[e-mail]>
Cc: Thomas, Zachary T <zachary.thomas@ncdenr.,':1ov>
Subject: SAW-2022-01349 / Browning Mill Subdivision / 3709 Wendell Road / Wendell /Johnston County, NC -
STATUTORY APPROVAL
Dear Rex Vick and Rick Trone,
A preconstruction notification application (PCN) dated December 22, 2022 was submitted for the proposed activities.
Due to workload, the Corps was unable to provide timely formal written verification for impacts proposed in your
preconstruction notification application.
General Condition number 32, which lists the notification requirements for nationwide permits, states that "The
prospective permittee shall not begin the activity: (1) Until notified in writing ...., or (2) If 45 calendar days have passed
from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice
from the district or division engineer." Accordingly, on February 6, 2023, the applicant, RBV 231, LLC, was authorized to
place fill or dredged material into waters, associated with the construction of the Browning Mill Subdivision, under

nationwide permit number 29, as proposed in the permit application dated December 22, 2022. 1 have attached a copy
of the applicable permit conditions. The expiration date for the permit verification is March 14, 2026.
Please note that your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the permit conditions and your submitted plans (see attached). Any violation of the conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal
action.
It is your responsibility to contact the North Carolina Division of Water Resources (NCDWR) Raleigh Regional Office to
determine the 401 requirements for this project. Please note that, if an Individual 401 WQC is required from NCDWR,
the conditions of the Individual 401 WQC, once issued, are also conditions of the NWP referenced above. You may not
conduct the activity authorized by the above referenced NWP without a valid 401 Water Quality Certification.
Please let me know if you have any questions regarding this statutory verification, or any of the conditions of the permit.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https:Hregulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.