_External_ Provisional NWP-29 Verification for SAW-2021-00714_ Wesley Downs 344 Broach Rd Durham

Baker, Caroline D
From: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Saturday, May 27, 2023 2:11 PM
To: Deborah Shirley; Michael Taylor
Cc: Thomas, Zachary T
Subject: [External] Provisional NWP-29 Verification for SAW-2021-00714/ Wesley Downs 344
Broach Rd Durham
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This is a provisional notification that your proposed work may be authorized by the above referenced general
permit provided a 401 Certification is issued or waived. Once a 401 Certification is issued or waived, the Corps
will provide you with a final general permit verification. Your proposed work shall not commence until after
the 401 Certification has been issued or waived and until a final general permit verification has been provided
to you. Additional special conditions may be added to the final general permit verification.
As stated above, this is a provisional notification. This email does NOT provide Department of the Army (DA)
authorization. You are cautioned that commencement of the proposed activity(ies) requested prior to
receiving a written DA authorization would constitute a violation of Federal laws and subject you to further
enforcement action. Receipt of a permit from the state (e.g., NCDWR) does not preclude the requirement for
obtaining DA authorization (e.g., an NWP verification letter) prior to commencing the work.
Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers
regulatory program.
Respectfully,
Julia Tillery (she/her)
Regulatory Specialist, Raleigh Field Office
CE-SAW-RG-R
U.S. Army Corps of Engineers —Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Email: [e-mail]
From: Deborah Shirley <[e-mail]>
Sent: Friday, May 19, 2023 11:16 AM
To: Tillery, Julia A CIV (USA) <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>; Michael Taylor <[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 - S&EC Response

Julia
Thank you to you and David meeting with us to discuss the project and review your comments/concerns. We have
provided responses in the original email below in red and provided the attached additional information.
Attachments:
Updated Combined Impact Maps (changes to Impact Area A sheet only)
Updated Pre -Construction Notification From
Exhibit 1
Exhibit 2
Exhibit 3
Please let us know if you have any additional questions or need further information to continue your review of this
permit application.
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, INC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
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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.
Please see the updated impact exhibits for Area A and updated PCN application. The project engineers were
able to shift the culvert to align with the stream better and utilize retaining walls to stay out of the City of
Durhams sewer easement. The riprap dissipator will be buried within the stream and the top elevation of the
riprap post construction will not exceed the pre -construction stream bed elevation. As a result of these
changes, the overall stream impacts have been reduced by 25 LF.
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."
Per the project engineer: The existing pond's location is adjacent to a required road stub extension from the City
of Durham (as shown in the attached Exhibit 1 listed as "Site Access #8"). To avoid impacting this existing pond,
the road would need to be realigned as shown in red in the attached Exhibit 2. This would result in losing 25% of
the proposed townhome lots for this development (33 of 128 units). Exhibit 1 illustrates the area that would be
undevelopable if this existing pond were to remain which is over 1/3rd of the site. Even if the road were to be
realigned as shown in Exhibit 2, there would still be a life -safety concern for this public road being located
downstream and adjacent to an existing pond dam. The professional engineer for the project would not feel
comfortable signing plans that included this design. If this existing pond were to remain, in the event of the dam
failing, it would flood the road downstream from it and cause a life safety issue.
Alternatively, constructing the road per Durham's requirements was analyzed while trying to minimize impact to
the existing pond. Exhibit illustrates this. The proposed road in this situation would act as the new pond dam,
and the existing pond footprint would remain as shown in green. The road fill is shown in blue. The "pond" that
would remain would no longer act as a pond. It would turn into a low point adjacent to City of Durham's
required recreational open space area within the site. All of the stormwater upstream from this remaining pond
must be captured and treated within the proposed SCM northeast of its location (due to new proposed
impervious areas, this stormwater needs to be captured and treated). The remaining "pond" would be a low
point on -site with a drop inlet/FES installed for drainage conveyance. While it could be captured and conveyed,
the low point would not hold water during non -rain events and its size in relation to the original pond is
minimal.
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
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