_External_ RE_ NWP-29 & NWP-58 Verification for SAW-2021-01108 _ Mica Ridge _ 1802 S Mineral Springs Road _ Durham

From: Tillery, Julia A CIV USARMY CESAW (USA)
To: Deborah Shirley; charlie.voklevCablennar.com
Cc: Thomas, Zachary T; Isenhour. Kimberly T CIV USARMY CESAW (USA); Haywood. Casey M CIV USARMY CESAW
(USA); Williams, Kelly; astalev(&res.us
Subject: [External] RE: NWP-29 & NWP-58 Verification for SAW-2021-01108 / Mica Ridge / 1802 S Mineral Springs Road /
Durham
Date: Friday, August 25, 2023 3:52:54 PM
Attachments: NWP-29-58 TEARSHEET MRTFs SAW-2021-01108 08.25.2023.odf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
ME
Please see the revised PDF attached, there were two typos that I corrected.
Thank you,
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: iulia.a.tilleryPusace.army.mil
From: Tillery, Julia A CIV USARMY CESAW (USA)
Sent: Friday, August 25, 2023 2:50 PM
To: Deborah Shirley <[e-mail]>; [e-mail]
Cc: Thomas, Zachary T <[e-mail]>; Isenhour, Kimberly T CIV USARMY CESAW
(USA) <[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<[e-mail]>; Williams, Kelly <[e-mail]>; [e-mail]
Subject: NWP-29 & NWP-58 Verification for SAW-2021-01108 / Mica Ridge / 1802 S Mineral Springs
Road / Durham
ma
Please find the attached Nationwide Permits 29 and 58, including terms and conditions and
special conditions and Compensatory Mitigation Responsibility Transfer Forms (2), for the
Mica Ridge Residential Development SAW-2021-01108. Hard copies will not be provided
unless specifically requested.
Please let me know if you have any questions.

Thank you,
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: iulia.a.tilleryna usace.army.mil
From: Tillery, Julia A CIV USARMY CESAW (USA)
Sent: Tuesday, July 25, 2023 4:58 PM
To: Deborah Shirley <dshirley(a sandec.com>; charlie.yokley(@Iennar.com
Cc: Thomas, Zachary T <zachary.thomas(@deq.nc..Qov>; joseph.myers(@deq.nc..Qov
Subject: NWP-29 & NWP-58 Provisional Verification for SAW-2021-01108 / Mica Ridge / 1802 S
Mineral Springs Road / Durham
MH
This is a provisional notification that your proposed work (SAW-2021-01108) may be
authorized by the above -referenced general permits (NWP-29 Residential Developments, and
NWP-58 Utility Line Activities) 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
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: iulia.a.tilleryna usace.army.mil
From: Tillery, Julia A CIV USARMY CESAW (USA)
Sent: Saturday, July 22, 2023 11:41 AM
To: Deborah Shirley <dshirleyna sandec.com>
Subject: RE: Request for Additional Information for SAW-2021-01108 Durham Auto / 1802 S Mineral
Springs Road / Durham
Debbie
Response to RAI received and under review, thank you.
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: iulia.a.tilleryna usace.army.mil
From: Deborah Shirley <dshirleyna sandec.com>
Sent: Thursday, July 20, 2023 2:09 PM
To: Tillery, Julia A CIV USARMY CESAW (USA)<Julia.A.Tillery(@usace.army.mil>
Cc: Thomas, Zachary T <zachary.thomasna deq.nc.gov>; 'oseph.myers(@deq.nc.gov
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information for SAW-
2021-01108 Durham Auto / 1802 S Mineral Springs Road / Durham
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 seethe 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, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
dshirley0sandec.com
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 ofthis
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 USARMY CESAW (USA)<Julia.A.Tillery(@usace.army.mil>
Sent: Monday, July 17, 2023 1:28 PM
To: Deborah Shirley <dshirleyna sandec.com>
Cc: Thomas, Zachary T <zachary.thomasna deq.nc.gov>; ioseph.myersna deq.nc.gov
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
PreliminaryJDs 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: iulia.a.tilleryna usace.army.mil
From: RaleighNCREG <RaleighNCREG(cDusace.army.mil>
Sent: Friday, June 16, 2023 1:39 PM
To: dshirleyna sandec.com
Cc: Tillery, Julia A CIV USARMY CESAW (USA)<Julia.A.Tillery(@usace.army.mil>
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: lase rfiche.ncdenr.govna mccicloud.io <laserfiche.ncdenr.govna mccicloud.io>
Sent: Thursday, June 15, 2023 3:29 PM
To: RaleighNCREG <RaleighNCREG(cDusace.army.mil>
Cc: SAW-PCN-RG <SAW-PCN-RG(@usace.army.mil>
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
This email was automatically generated by Laserfiche workflow. Please do not respond to this email
address, as responses aren't monitored.