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

Baker, Caroline D
From: Thomas, Zachary T
Sent: Friday, May 12, 2023 11:45 AM
To: Deborah Shirley
Cc: Tillery, Julia A CIV (USA); [e-mail]
Subject: RE: [External] RE: SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for
Additional Information/ DWR 401 WQC RPOT
Hi Debbie,
Per our discussion today, DWR agrees with the concerns described in the information request from the USACE email on
5/6/23 and will consider this project on hold until we receive the requested information to finish our review.
Main items that DWR is requesting:
Impact A:
o Updates to the design/impact maps and new impact totals (via updated PCN table — PDF ok) for the
culvert/road crossing.
o Justification for positioning (constraints, sewer line, etc.)
Impact B:
o Justification for needed impacts to Pond 2 (road, housing units, open spaces, etc.)
If you have any questions, please let me know.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third narties.
From: Deborah Shirley <[e-mail]>
Sent: Wednesday, May 10, 2023 12:22 PM
To: Tillery, Julia A CIV (USA)<[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; David. [e-mail]; Conchilla, Ryan
<[e-mail]>
Subject: [External] RE: SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for Additional Information/ DWR 401
WQC RPOT

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Julia,
Agreed! I sent the team an email with today/Friday options, and I've only received one auto response from the project
engineer ... who really needs to be there. I will send a meeting invite ASAP!
Thank you,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
APlease consider the environment before printing this email.
From: Tillery, Julia A CIV (USA) <[e-mail]>
Sent: Wednesday, May 10, 2023 12:19 PM
To: Deborah Shirley <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>; [e-mail]
Subject: RE: SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for Additional Information/ DWR 401 WQC RPOT
Deborah,
This afternoon is slipping away so let's move on to our Friday availability, please send a Teams invite if you get the
applicants on board for Friday.
Thank you,
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: Deborah Shirley <[e-mail]>
Sent: Wednesday, May 10, 2023 11:41 AM

To: Tillery, Julia A CIV (USA) <[e-mail]>; [e-mail]
Cc: Thomas, Zachary T <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for
Additional Information/ DWR 401 WQC RPOT
Julia,
Thank you for those dates and times. I have added Ryan Conchilla with the NCDWR who will be reviewing this project,
just to see if he will be able to attend a virtual meeting as well. It's my understanding that he just received the
application package, so this timing may not work for him.
I am heading out on vacation 5/22 so ideally Friday works best for my schedule, or even today. I know that the
applicants would want to schedule ASAP. So I am going to check in with them so that we can finalize a date and time for
this week.
Ryan ... I will add you as optional and if you can attend, that would be great! If not, that is understandable. We just
wanted a DWR reviewer at the meeting in case any questions/concerns come up in our discussion with Julia and
David.
Thanks,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, INC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
APlease consider the environment before printing this email.
From: Tillery, Julia A CIV (USA)<[e-mail]>
Sent: Wednesday, May 10, 2023 9:08 AM
To: Deborah Shirley <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>
Subject: RE: SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for Additional Information/ DWR 401 WQC RPOT
Good morning, Deborah, and thank you for your response.
Yes, let's set up a virtual Teams meeting. Below are our first available time slots:
• Today 10 May 11:30— 15:OOHRS
• Friday 12 May 10:00 — 15:00

• Monday 22 May 11:00 — 15:00
• Friday 26 May 10:00 — 15:00
Please let us know if something within these timeframes works for you all.
Thank you,
Julia
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: Deborah Shirley <[e-mail]>
Sent: Tuesday, May 9, 2023 3:54 PM
To: Tillery, Julia A CIV (USA) <[e-mail]>; Thomas, Zachary T <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for
Additional Information/ DWR 401 WQC RPOT
Julia,
We just had a meeting to discuss your review comments and wanted to see if you would be amenable to a virtual
meeting. We are up against some design challenges and thought that it would be good to review them with you in a
meeting. If this is something that you are open to, would you please provide a few dates and times that work for you?
Zach... if you would like to join, please let me know. I think that it would be good so that if you have any concerns about
the project, they can be discussed in the meeting as well.
Please let me know if this works for you both.
Thanks,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, INC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.

APlease consider the environment before printing this email.
From: Tillery, Julia A CIV (USA)<[e-mail]>
Sent: Saturday, May 6, 2023 2:20 PM
To: Deborah Shirley <[e-mail]>; [e-mail]
Cc: Thomas, Zachary T <[e-mail]>
Subject: SAW-2021-00714/ Wesley Downs 344 Broach Rd/ Request for Additional Information/ DWR 401 WQC RPOT
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
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