20230095 Ver 1_USACE Correspondence_20230414

Homer, Seren M
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Friday, April 14, 2023 12:05 PM
To: Barry Nelson
Cc: Homer, Seren M
Subject: [External] RE: Second Request for Additional Information: SAW-2023-00159 (Sherwood West
townhomes / stream realignment / 3995 A Valley Court / Winston Salem / Forsyth County)
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Hi Barry. We would consider any part of the stream channel outside of the low flow wetted perimeter along the channel
bottom as the "stream bank", and item (f) of the NWP 13 description and NWP General Condition 12 require them to be
stable. I can't permit the new channel without stabilization measures. Typically coir fiber matting and live stakes works
well and relatively inexpensively for these purposes, but I'm sure other options are available.
-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: Barry Nelson<[e-mail]>
Sent: Tuesday, March 28, 2023 10:51 AM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: [URL Verdict: Unknown] [Non-DoD Source] Re: Second Request for Additional Information: SAW-2023-00159
(Sherwood West townhomes / stream realignment / 3995 A Valley Court / Winston Salem / Forsyth County)
Dave: The new low channel will be a shallow channel to carry low daily flows so that there will be no "banks". This
channel will be located where there is a low sand bar that is present at this time. The entire bar will be removed to
facilitate the new channel. The existing high bank on the opposite side of the stream is heavily vegetated and will not be
disturbed. Please advise if this is sufficient. Thank you.
A. Barry Nelson, PG
President
NORTHWEST GEOSCIENCE, P.C.
APPLIED EARTH SCIENTISTS
www.northwestgeoscience.com

P.O. Box 6418
High Point, NC 27262
336-885-4381 - office
336-880-5834 - mobile
On Tue, Mar 28, 2023 at 10:34 AM Bailey, David E CIV USARMY CESAW (USA) <[e-mail]> wrote:
All,
Thank you for the responses you submitted for the above referenced project. I have reviewed the information and
need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 13 (https://saw-
reg.usace.army.mil/NWP2021/NWP-13.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:
Your responses appear to have resolved previous comment items 1, 2, and 4. Thank you for your attention to
these matters.
Previous comment item 4 stated: 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.
The description included in your response is insufficient, as it does not indicate that the finished channel will
remain stable. Constructing the channel as proposed without stabilization measures does not meet item (f) of
the NWP 13 description, nor does it meet NWP General Condition 12. If the substrate through which the new
channel will be constructed is not suitable for vegetative stabilization then measures must be taken to
otherwise facilitate a stable channel. Such measures could include biodegradable matting on the new stream
banks (not within the channel), to be combined with soil amendments, seeding and live staking with native
vegetation, etc.
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 (2/27/2023) 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
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 6/27/2023.
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.armV.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: Barry Nelson<[e-mail]>
Sent: Monday, February 27, 2023 12:24 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Homer, Seren M
<[e-mail]>; [e-mail]
Subject: [URL Verdict: Unknown] [Non-DoD Source] Stabilization of Petree Creek, Winston-Salem, NC
Attached please find our response letter to comments by Mr. Bailey.
A. Barry Nelson, PG
President
NORTHWEST GEOSCIENCE, P.C.
APPLIED EARTH SCIENTISTS
www.northwestgeoscience.com
P.O. Box 6418
9

High Point, NC 27262
336-885-4381 - office
336-880-5834 - mobile