_External_ SAW-2021-00714_ Wesley Downs 344 Broach Rd_ Request for Additional Information_ DWR 401 WQC RPOT

Baker, Caroline D
From: Tillery, Julia A CIV (USA) <[e-mail]>
Sent: Saturday, May 6, 2023 2:20 PM
To: [e-mail]; [e-mail]
Cc: Thomas, Zachary T
Subject: [External] SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for Additional
Information/ DWR 401 WQC RPOT
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Good morning,
Thank you for your PCN dated 18-April-2023 for the above -referenced project. I have reviewed the information and
need clarification before proceeding with verifying the use of Nationwide Permit 29 (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your application withdrawn and close the file: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) IMPACT AREA "A" is a proposed road crossing to a perennial stream. Proposed impacts include permanent
stream diversion/realignment (culvert), and permanent -no permanent loss (dissipator pad),. The culvert on the
crossing is oriented such that the stream exits the culvert aimed at the stream bank. It is reasonable to expect
severe bank erosion in these areas during high flows. Please re -design the culverts to align with the up and
downstream stream banks to avoid indirect impacts of erosion and sediment loading into the streams.
Otherwise, clearly describe why such changes are not practicable and describe how such bank erosion would be
avoided in these areas during high flows.
2) IMPACT AREA "B" OPEN WATER IMPACT for LOT FILL (0.17-acre permanent impact) and ROAD IMPACT (0.09-
acre permanent impact) in POND 2: The need for such access is not disputed. However, it is not clear how you
have demonstrated avoidance and minimization to the maximum extent practicable as required by NWP
General Conditions 23(a) and (b) regarding the need for LOT FILL in the proposed "Common Area." Please
provide more detail (depiction/exhibit) to include the necessary grading to construct the proposed roadways
adjacent to the 0.17-acre impact to POND 2 and additional details. Further, please explain why it would not be
practicable to avoid the open water impacts due to lot fill, given that there does not appear to be a specific
proposed use in this area. Note that practicable means "available and capable of being done after taking into
consideration cost, existing technology, and logistics in light of overall project purposes."
3) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
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.
NCDWR: After review of the submitted PCN (dated 18-April-2023) for the above -referenced project, it appears that an
individual 401 WQC is required from the NCDWR for the proposed activities. The PCN provided the nine required
elements for an individual WQC. 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 16-August-2023.

Please contact me if you have any questions regarding this or the Corps of Engineers regulatory program.
Sincerely,
Julia Tillery
Regulatory Specialist, Raleigh Field Office
U.S. Army Corps of Engineers — Wilmington District
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Email: [e-mail]
From: RaleighNCREG <[e-mail]>
Sent: Tuesday, April 18, 2023 2:17 PM
To: [e-mail]
Cc: Tillery, Julia A CIV (USA) <[e-mail]>
Subject: SAW-2021-00714 (Holder Broach Site / 344 Broach Road / Durham NC / Durham County)
Good afternoon,
We have received your Pre -Construction Notification (PCN) NWP request for the above project and forwarded
it to Julia Tillery for further processing.
Thank you,
Josephine Schaffer
From: [e-mail] <[e-mail]>
Sent: Tuesday, April 18, 2023 12:21 PM
To: RaleighNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: [Non-DoD Source] PCN - Durham - Non -DOT
A new project has been received on 4/18/2023 12:20 PM for Wesley Downs. The link below will take you to the project
folder.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2756290;view=browse
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses aren't monitored.