_External_ FW_ Request for Additional Information_ COURTYARDS AT FARRINGTON _ DURHAM County USACE ACTION ID SAW-2020-00669

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Zack

FYI

Thanks!

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] <mailto:[e-mail]>

From: Tillery, Julia A CIV (USA)
Sent: Wednesday, April 5, 2023 4:58 PM
To: Elias Ruhl <[e-mail]>
Cc: [e-mail]
Subject: Request for Additional Information: COURTYARDS AT FARRINGTON / DURHAM County USACE ACTION ID SAW-2020-00669

All,

Thank you for your PCN, dated 7 March 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 Residential Developments. 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of the use of the Nationwide Permit or consider your application withdrawn and close the file: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) Your permit application includes plans showing construction of 2 stormwater ponds in wetlands, which does not comply with NWP-29 Regional Condition C.a. (Discharges in streams and
wetlands for stormwater management facilities are prohibited under this NWP). NWP-18 could potentially be used for permitting the stormwater management facilities; however, you need
to provide documentation as to why you cannot further avoid and minimize impacts to these features. Furthermore, based upon your project plans, it appears that the stormwater will be
routed to a different location away from the downstream receiving waters, thereby indirectly impacting the intermittent stream below Wet Pond #2. This is an adverse indirect impact
and needs to be quantified and permitted (possibly mitigated). Another option to you would be to redesign Wet Pond #2 outside of the jurisdictional features in a manner that provides
water to the downstream intermittent stream which would eliminate impacts to Linear Wetland #2 and the potential indirect stream impacts.

2) Your detailed impacts listed in PCN Section D Proposed Impacts Inventory of the permit application does not accurately reflect the impacts detailed on your Construction Plan Overall
Impacts Map dated 1/2/2023, e.g., Plan Impact #2 on drawing is associated with the stormwater Wet Pond #1, but is listed as “road widening” in your PCN Section D. Please confirm all
impacts and provide updates to Section D of the PCN to accurately reflect your Overall Impacts Map.

3) The proposed project to FILL WETLANDS FOR LOT FILL and STORMWATER MANAGEMENT FACILITIES. The need for your proposed road access is not disputed; however, you have not demonstrated
avoidance and minimization to the maximum extent practicable as required by NWP-29 General Conditions 23(a) and (b). For example, it appears that SUCH IMPACTS COULD BE AVOIDED BY not
grading lots 12 and 13 on their southern boundaries. In addition, lots 26 and 27 (and a portion of lot 28) involve draining and filling of the pond (P1). Based on our review it appears
that lots 12, 13, and 28 would continue to remain viable with modifications to avoid/minimize. It is not clear that project viability is dependent on the inclusion of LOTS 26 and 27
being constructed when the overall development proposes 58. Please re-design 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).

4) Based on your site plans, currently grading is called for on the east side of lots 26, 27 and 28. These grading activities depict drainage going into a detention basin which would
alter downstream flows to another intermittent stream. These are additional indirect impacts which need to be quantified and permitted or redesigned to avoid.

5) Please note that responses to the questions above may prompt additional information requests to allow full evaluation of the proposed project.

Respectfully,

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] <mailto:[e-mail]>

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