_External_ RE_ SAW-2020-00669 SHPO MOA Mitigation Updates - 404_401 Status

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Good to hear. Thanks for the update, Julia!

Zach, let me know if there is anything else you need in order to finalize the 401.

Eli

Elias N. Ruhl
Regional Manager, Environmental

FROEHLING & ROBERTSON
310 Hubert Street Raleigh, NC 27603
T 919.828.3441 | D 919.719.1973
[e-mail] <mailto:[e-mail]> | www.FandR.com <https://www.fandr.com/>

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From: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, June 9, 2023 9:21 AM
To: Elias Ruhl <[e-mail]>; Thomas, Zachary T <[e-mail]>
Cc: [e-mail]
Subject: SAW-2020-00669 SHPO MOA Mitigation Updates - 404/401 Status

Good morning, All,

I’ve just received notice from our Office of Counsel that the final draft MOA has been released from OC for final review and then on to signature by the USACE Wilmington District Chief.
Hopefully, we can get it to ACHP next week.

Once all outstanding items are finalized, the Corps is ready to proceed with Nationwide Permit verification.

Thank you, and please let me know if you have additional questions.

Julia

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] <mailto:[e-mail]>

From: Elias Ruhl <[e-mail] <mailto:[e-mail]> >
Sent: Monday, May 8, 2023 5:46 PM
To: Thomas, Zachary T <[e-mail] <mailto:[e-mail]> >
Cc: Tillery, Julia A CIV (USA) <[e-mail] <mailto:[e-mail]> >; [e-mail] <mailto:[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] FW: Request for Additional Information: COURTYARDS AT FARRINGTON / DURHAM County USACE ACTION ID SAW-2020-00669

Zach,

Thank you for your follow up. Please find attached an email that was submitted to Julia in an effort to address the items outlined in the 4/5/23 USACE email. Let me know if you have
any additional comments regarding the attached response.

With regard to the Stream S3 (Impact#4), we were informed by the City of Durham that “the stream determination identified this as a non-buffered portion of the stream and is therefore
not subject to stream buffers.” It is, however, still a jurisdictional stream channel. Based on this information, stream buffers are not shown on the plans for that portion of the channel.

Eli

Elias N. Ruhl
Regional Manager, Environmental

FROEHLING & ROBERTSON
310 Hubert Street Raleigh, NC 27603
T 919.828.3441 | D 919.719.1973
[e-mail] <mailto:[e-mail]> | www.FandR.com <Blockedhttps://www.fandr.com/>

<blockedhttps://www.linkedin.com/company/froehling-&-robertson-inc./> <blockedhttps://www.facebook.com/FandR> <blockedhttps://twitter.com/FandR_since1881> <blockedhttps://www.instagram.com/
froehlingandrobertson/>

________________________________

The content of this email is the confidential property of Froehling & Robertson, Inc. (F&R) and should not be copied, modified, retransmitted, or used for any purpose except with F&R's
written authorization. If you are not the intended recipient, please delete all copies and notify the sender immediately.

From: Thomas, Zachary T <[e-mail] <mailto:[e-mail]> >
Sent: Monday, May 8, 2023 4:42 PM
To: Elias Ruhl <[e-mail] <mailto:[e-mail]> >; [e-mail] <mailto:[e-mail]>
Cc: Tillery, Julia A CIV (USA) <[e-mail] <mailto:[e-mail]> >
Subject: RE: [External] FW: Request for Additional Information: COURTYARDS AT FARRINGTON / DURHAM County USACE ACTION ID SAW-2020-00669

Hello,

DWR has reviewed the application for DWR# 20230359 (Courtyards at Farrington) and will consider this application on hold until the items outlined in the 4/5/23 USACE email are addressed.

In addition to the above, Stream S3 (Impact#4) indicates a road crossing, but there are currently no buffers indicated on the impact maps. The crossing is at 46 LF of requested impacts
which would push this into the “allowable” category and need written authorization for the buffer impacts. Has this crossing been discussed with Durham?

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] <mailto:[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 parties.

From: Tillery, Julia A CIV (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Wednesday, April 5, 2023 4:59 PM
To: Thomas, Zachary T <[e-mail] <mailto:[e-mail]> >
Subject: [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] <mailto:[e-mail]> >
Cc: [e-mail] <mailto:[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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