20230468 Ver 1_USACE More Info Requested_20230426

Chandler, Rebecca D
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Wednesday, April 26, 2023 10:04 AM
To: Michael Brame; Clay Mize
Cc: Homer, Seren M; Chandler, Rebecca D
Subject: [External] Request for Additional Information: SAW-2021-02150 (Wyatt Place / Jackson Lake Road /
High Point / Guilford County)
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All,
Thank you for your PCN, dated 3/27/2023, 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your application withdrawn and close the file: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) NWP General Condition 23(a) requires that the project be designed and constructed to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site. The need for Wetland Impacts 1 and 5 are not apparent, and could potentially be
avoided through the use of slight re -alignments of the sub road (Impact 1) and steeper fill slopes, retaining walls,
etc. (Impacts 1 and 5). In order to comply with NWP General condition 23(a), please redesign the project
accordingly, or provide documentation that such avoidance and minimization measures are not practicable (i.e.
available and capable of being done after taking into consideration cost, existing technology, and logistics in light
of overall project purposes).
2) Based on proposed/assumed grading, the project appears to eliminate the majority of the drainage
areas/hydrology source for the upper extents of Wetlands WC and WE below proposed Impacts W2, W3, W4,
and W5 (item 1 above notwithstanding).
a. Please provide justification that hydrologic input will be maintained to these wetlands immediately
downslope of the impact areas. Common designs include routing approximately equivalent surface
water/runoff area to these locations, altering locations of stormwater outlets, usage of French drains
and under -drains where appropriate, etc. Please also update applicable plansheets to clearly show such
measures/details;
b. If maintenance of wetland hydrology is unable to be justified as appropriate to any of these areas, the
Corps would consider these areas as reasonably foreseeable indirect impacts (see NWP General
Conditions "District Engineers Decision") resulting from a loss/reduction of hydrology.
i. In such cases compensatory mitigation would be required for both direct (given the current
proposed cumulative impacts of 0.099 acre) and indirect impacts resulting in a loss of hydrology
and therefore aquatic function; compensatory mitigation is typically required at a 2:1 ratio for
direct impacts and a 1:1 ratio for indirect impacts (although they may be situationally up to 2:1),
depending largely on aquatic function (e.g. NCWAM).
ii. In the event that compensatory mitigation is required, submit a compensatory mitigation plan.
The mitigation rule generally prescribes purchasing wetland credits first through a mitigation
bank with available credits in this 8-digit HUC (03030003), or second through the NC Division of
Mitigation Services. Please provide a mitigation acceptance letter from your proposed
compensatory mitigation provider.;

It appears that an Individual 401 Water Quality Certification (WQC) may be 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 (3/27/2023) 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 7/25/2023.
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: Tuesday, March 28, 2023 4:27 PM
To: Michael Brame <mbra [e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2021-02150 (Jackson Lake Road / High Point NC / Guilford County)
Good Afternoon,
Your Pre -Construction Notification (PCN) NWP request for the above project has been received.
Dave- docs forwarded to your folder.
Thank you,
Josephine Schaffer
From: Michael Brame <[e-mail]>
Sent: Monday, March 27, 2023 2:34 PM
To: RaleighNCREG <[e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Homewood, Sue

<[e-mail]>; Heather LaGamba <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] Pilot Project 6863.2 - Jackson Lake - PCN Application
Find attached a PCN application for a site located in High Point, Guilford County, NC. We will upload the application to
the NCDEQ-DWR portal. Please let me know if you need additional information in order to process this request.
Sincerely,
Michael T. Brame
336.708-4620 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]