_External_ RE_ Request for Additional Information for SAW-2021-01108 Durham Auto _ 1802 S Mineral Springs Road _ Durham

Baker, Caroline D
From: Deborah Shirley <[e-mail]>
Sent: Thursday, July 20, 2023 2:09 PM
To: Tillery, Julia A CIV USARMY CESAW (USA)
Cc: Thomas, Zachary T; Myers, Joseph M
Subject: [External] RE: Request for Additional Information for SAW-2021-01108 Durham Auto / 1802 S
Mineral Springs Road / Durham
Attachments: 14741 PCN_FillableForm_v4-3_Mica Ridge RFAI Update.pdf; Neu -Con SOA - Arrington Bridge III -
Mica Ridge.pdf, LEN18030-C1.00 Existing Conditions.pdf; LEN 1 8030-El -Overall Impact Map.pdf,
LEN18030-E2-Impact Areas''G''.pdf
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Julia,
Thank you for your review and comments. I have talked with the applicant and the project engineer, and they have
decided that the best direction forward is option #2. Therefore, please see the updated PCN application, the updated
SOA from Resource Environmental Solutions and updated map exhibits. In addition, please see the justification for
Impact "G" below.
Impact G: Per Durham's UDO, all homesites must front on public or private street. The impact to W7 is due to
roads required to connect to the existing street to the south per Durham's UDO (street connections in all cardinal
directions are required for the project, this particular street must be improved with our project due to existing
frontage along this ROW, and a connection point for life safety) as well as the requirement to end a cul-de-sac
with a 92' minimum circular ROW.
Attachments:
-Updated PCN Application
-Updated SOA
-Updated Existing Conditions, Overall Impact Map and Impact Area "G"
We anticipate that this additional information will allow you to continue your review of this project. Please let me know
if you need anything further to continue processing 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]
dshirlev(@sandec.com
Visit us at sandec.com
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From: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, July 17, 2023 1:28 PM
To: Deborah Shirley <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; [e-mail]
Subject: Request for Additional Information for SAW-2021-01108 Durham Auto / 1802 S Mineral Springs Road / Durham
Thank you for your PCN, dated 6/17/2023, for the above referenced project. I have reviewed the information
and need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 29. 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:
This project site received a Delineation Concurrence email from the Corps on 7/14/2021 concurring with the
presence and extent of the aquatic resources found within the site. An AJD was requested on Pond 1 and
Wetland W7 of the project area, although it was not processed prior to the 3/20/2023 implementation of the
2023 WOTUS Rule or the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. EPA .
The EPA and the U.S. Department of the Army (the agencies) are in receipt of the U.S. Supreme Court's May
25, 2023, decision in the case of Sackett v. EPA. In light of this decision, the agencies are interpreting the
phrase "waters of the United States" consistent with the Supreme Court's decision in Sackett. The agencies
are developing a rule to amend the final "Revised Definition of 'Waters of the US" rule, published in the
Federal Register on January 18, 2023, consistent with the U.S. Supreme Court's May 25, 2023, decision in the
case of Sackett v. EPA. The agencies intend to issue a final rule by September 1, 2023.
Per direction issued from the agencies since the Sackett decision, we can move forward on AJDs for ONLY 1)
Dry land and 2) Excluded Waters, see definitions below for reference. We remain paused on AJDs for all
other types of aquatic resources. We may continue issuing Preliminary JDs and confirming aquatic resource
boundaries.
As proposed, your project construction would impact Pond 1 (0.32 acre) and Wetland W7 (0.06 acre). The
Corps will concur that Pond 1 is an irrigation pond constructed in uplands (an excluded water) per the current
rules; however, the Corps cannot concur that Wetland W7 is "isolated" as it is does not fit one of the types of
resources eligible for an AJD as stated above and defined below.
As discussed over the phone, there are three options available to the applicant at this time to proceed with
permitting:
1) Redesign the construction so as to completely avoid impacts to Wetland W7
2) Leaving design as currently proposed, revise proposed impacts to include impacts to Wetland W7 (0.06
acre), and recalculate proposed mitigation to reflect additional impacts
3) Place project/application on hold until the Agencies issue the expected Final Rule, whereas the wetland
in question would be reevaluated and an AJD could be processed.
Please let me know how you would like to proceed with this permit application.

Thank you,
Julia
For your information regarding Approved Jurisdictional Determinations post SCOTUS Sackett:
USACE Wilmington District can now resume AJDs for ONLY the following 2 categories:
1) Dry land AJDs
2) All exclusions in paragraph (b) of the 2023 rule for districts currently implementing the 2023 Rule
Paragraph (b) exclusions from the 2023 WOTUS Rule are:
(b)(1) Waste treatment systems, including treatment ponds or lagoons, designed to meet the requirements of
the Clean Water Act" are not "waters of the United States".
(b)(2) prior converted cropland designated by the Secretary of Agriculture. The exclusion would cease upon a
change of use, which means that the area is no longer available for the production of agricultural
commodities.
(b)(3) -ditches (including roadside ditches) excavated wholly in and draining only dry land and that do not carry
a relatively permanent flow of water;
(b)(4) -artificially irrigated areas that would revert to dry land if the irrigation ceased;
(b)(5) -artificial lakes or ponds created by excavating or diking dry land to collect and retain water and which
are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing;
(b)(6) -artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating
or diking dry land to retain water for primarily aesthetic reasons;
(b)(7) -waterfilled depressions created in dry land incidental to construction activity and pits excavated in dry
land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation
is abandoned and the resulting body of water meets the definition of waters of the United States; and
(b)(8) -swales and erosional features (e.g., gullies, small washes) characterized by low volume, infrequent, or
short duration flow.
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: RaleighNCREG <[e-mail]>
Sent: Friday, June 16, 2023 1:39 PM
To: [e-mail]
Cc: Tillery, Julia A CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2021-01108 (Durham Auto / 1802 S Mineral Springs 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: Thursday, June 15, 2023 3:29 PM
To: RaleighNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: [Non-DoD Source] More Information Received - Non -DOT - Durham
New Project has been received on 6/15/2023 3:28 PM for Mica Ridge. The link below will take you to the project folder.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=546066;view=browse
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