FW_ Request for Additional Information SAW-2021-00582 Carpenter Falls 2621 Burton Rd Durham (2)

Baker, Caroline D
From: Deborah Shirley <[e-mail]>
Sent: Tuesday, September 12, 2023 10:40 AM
To: Thomas, Zachary T
Cc: Tillery, Julia A CIV USARMY CESAW (USA); Mason Montgomery
Subject: RE: [External] FW: Request for Additional Information SAW-2021-00582 Carpenter
Falls 2621 Burton Rd Durham
Attachments: Pre -Construction Notification (PCN) Form_Carpenter Falls RFAI Update_
09-12-2023.pdf
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Zachary,
My apologies, I shouldn't have added the "yes" to impacts 6B or 7. 1 have attached an updated PCN.
Impact 6A-15a ncac 02b .0714(11)(x)
So with the updated greenway/sidewalk buffer rule in combination of the existing transportation facility interpretation,
it's my understanding that impacts 6B and 7 would not require buffer mitigation.
Impact 6B-15a ncac 02b .0714(11)(j)(iii)-note that there is no built upon area within the Zones 1 & 2 beyond the existing
transportation facility
Impact 7-15a ncac 02b .0714(11)(j)(iii) -note that there is no built upon area within the Zones 1 & 2 beyond the existing
transportation facility
Please let me know if you have any additional questions or if we need to discuss further.
Thanks,
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]
[e-mail]
Visit us at sandec.com
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From: Thomas, Zachary T <[e-mail]>
Sent: Thursday, September 7, 2023 3:53 PM
To: Deborah Shirley <[e-mail]>; Mason Montgomery <[e-mail]>
Cc: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] FW: Request for Additional Information SAW-2021-00582 Carpenter Falls 2621 Burton Rd Durham
Hi Debbie,
I am finishing up my letters for this project and I wanted to get some clarification on the buffer impacts/mitigation
totals.
The new PCN has added Impact 6B & Impact 7 for the sidewalk and grading. "Yes" is indicated under the buffer
mitigation required column, but the buffer mitigation section and SOAs only indicate credits for Impact 6A totaling
10,532 buffer credits:
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6b. If yes. then identity the square feet of impact to each zone of the riparian buffer that requires mitigation calculate the amount of mitigation required in the U
6c. Reason for impact
�6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
{square feet]
ane 7
Impact 6: Road Gmclinglnon- Perpendicular
1790
3
5370
Zone 2 Impact 6: Road Grading+non- Perpendicular 3441 1.5 152
6f. Total buffer mitigation required
10,532
Can you please specify which item under the table of uses Impact 6B & 7 fit?
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] "Please note my new email address"
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: Deborah Shirley <[e-mail]>
Sent: Wednesday, August 30, 2023 1:53 PM
To: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<zachary.thomas@deg. nc.gov>
Cc: Mason Montgomery <[e-mail]>; Myers, Joseph M <joseph.myers@deg. nc.gov>
Subject: [External] FW: Request for Additional Information SAW-2021-00582 Carpenter Falls 2621 Burton Rd Durham
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Julia & Zack:
Thank you for your review and comments. I have reviewed your concerns with the applicant and the project
engineer. The client worked directly with Spangler to get updated wetlands memo and ORM (previously provided). The
project engineers got the surveyors involved and made sure that all jurisdictional features are now shown and identified
per the Spangler delineation within the updated Map set and PCN application. Additionally, these updated resulted in

minimal impact changes, therefore updated SOA's for wetland and riparian buffer mitigation are provided. Please see
the attached:
Attachments:
-Spangler Impact Map Wetlands Investigation Memo
- Spangler ORM Sheet
-Update PCN Application
-Updated Carpenter Falls Impact Map Set 8-28-2023
-Updated SOA's
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]
[e-mail]
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 of this communication is prohibited. If you have received this electronic communication in error, please notify
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From: Tillery, Julia A CIV USARMY CESAW (USA)<[e-mail]>
Sent: Monday, July 24, 2023 4:29 PM
To: Deborah Shirley <[e-mail]>
Subject: RE: Request for Additional Information SAW-2021-00582 Carpenter Falls 2621 Burton Rd Durham
Debbie
I've reviewed the updated spreadsheet and map of aquatic resources (attached) you provided after we spoke
on the phone.
Given that the applicant plans to move forward with permitting based on the complete delineation of aquatic
resources on the site being potentially jurisdictional and will provide compensatory mitigation for impacts,
and the additional spreadsheet/map provided (attached) accurately reflects the inventory of aquatic resources
on file with the Corps for this site, you do not need to provide additional JD requests, maps, or spreadsheets
to confirm aquatic resources for impacts associated with permitting this site. You can update the PCN and
engineering plans based on this attached data.
Please let me know if you have additional questions/comments/concerns.

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: [e-mail]
From: Deborah Shirley <[e-mail]>
Sent: Monday, July 24, 2023 1:54 PM
To: Tillery, Julia A CIV USARMY CESAW (USA)<[e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: [URL Verdict: Unknown] [Non-DoD Source] RE: Request for Additional Information SAW-2021-00582 Carpenter
Falls 2621 Burton Rd Durham
Julia,
My client (permit applicant) is working with Spangler to get the information requested. They have provided a memo
with some explanations, and an updated sketch map with the WOTUS labeled. They have also provided the ORM
table. We still have some work to do on our end (e.g. possible survey work, update impact sheets, PCN etc.) but I want
to make sure that we get everything needed from Spangler now that we have their attention.
My questions to you are:
1) Will you need an updated JD package? The attached is the one that was provided to us. Also attached is their
memo and updated sketch map.
2) Is this ORM table sufficient?
Note that this is NOT my formal response, just questions so that I can get you everything that is needed from Spangler.
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
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 of this 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: Deborah Shirley
Sent: Wednesday, July 5, 2023 11:26 AM
To: '[e-mail]'<[e-mail]>
Cc: 'Tillery, Julia A CIV USARMY CESAW (USA)'<[e-mail]>
Subject: RE: Request for Additional Information SAW-2021-00582 Carpenter Falls 2621 Burton Rd Durham
David,
Julia mentioned for me to reach out to you if any questions came up while she was out. I am working with the applicant
and engineers to provide the information needed for Julia to continue processing this application. In our conversation
on 6/30, she indicated that the delineation information provided within the application package isn't matching up with
what the Corps has on file. I just wanted to run the attached past you, is this the correct wetland map (page 24 of 35)? 1
only see two wetlands identified on this map though, WR and WN which they are indicating are "potentially non -JD
wetlands". Is there another JD packet that has all of the other wetlands & streams ID'd? I see the streams ID'd on the
map that goes along with the DWR Buffer determination letter (dated March 2021).
Note that I requested that the applicants have Spangler update their JD request and get confirmation on the drained
pond wetland, which I believe is WR. I don't know if they couldn't get Spangler to update or if they didn't want to deal
with Spangler so we just moved forward with the application assuming that all wetlands onsite were jurisdictional.
In summary, will the following be the way to navigate through this issue?
1) Have Spangler update their JD request to include a sketch map with all aquatic resources identified
2) Have Spangler complete the ORM table
3) Have the project engineers update the existing conditions and site plans/impact exhibits with the aquatic
resources identified within the Spangler sketch map
4) S&EC update the PCN application with the correct aquatic resources ID names
Note that on 1 & 2 above, I am assuming that the Corps doesn't care who updates, but I know that S&EC won't do this
since we didn't do the delineation.
Thank you for your assistance.
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
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 of this 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)<[e-mail]>
Sent: Friday, June 30, 2023 6:01 PM
To: Deborah Shirley <[e-mail]>; [e-mail]
Cc: Thomas, Zachary T <[e-mail]>; [e-mail]
Subject: Request for Additional Information SAW-2021-00582 Carpenter Falls 2621 Burton Rd Durham
0
Thank you for your PCN, dated 6/5/2023, for the above referenced project. I have reviewed the information
and need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 29 (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:
Section C.S. references Corps AID Number SAW-2021-00582 "Preliminary JD", then 5.d. further clarifies
noting "USACE: Email concurrence 05/03/2021 ... preliminary box checked so that this data box is
activated, PJD/AJD not verified". Although an Approved Jurisdictional Determination (AJD) was
requested on 3/8/2021 under the vacated Navigable Waters Protection Rule, this AJD request was
never verified by the Corps; instead, an email Delineation Concurrence was sent which only concurred
with the delineation of all potential waters of the US and did not address jurisdictional status. The
email concurrence and two delineation maps were included in the PCN as attachments. The April 2021
map shows limits of aquatic resources that are not labeled/identified within the map. The other similar
map dated March 2021 appears to show the same aquatic resources, with the exception that some are
labeled (alpha -alpha, i.e., WA, SA, etc.) "Potentially Non -jurisdictional Features"; however, as noted
above, the Corps cannot confirm/deny the jurisdictional status of aquatic resources with a delineation
concurrence. The AJD request included an inventory of 14 streams and 36 wetlands, and it does not
appear that all these aquatic resources have been included in the PCN and construction drawings for
this project. Please provide a complete inventory of all aquatic resources within the site and with
plans/drawings for the entire development overlaid on a survey of the complete stream and wetland
delineation (i.e., all potential waters of the US). You may request an AJD to account for potentially
nonjurisdictional features but note the following:
The Environmental Protection Agency and the US Department of the Army (agencies) are in receipt of
the US Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection
Agency. In light of this decision, the agencies are interpreting the phrase "waters of the US" 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 Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental
Protection Agency. The agencies intend to issue a final rule by September 1, 2023. In the meantime,
the Corps can only issue AJDs for dryland and Excluded Waters. We remain paused on AJDs for all
other types of aquatic resources until a final rule is issued.
2. For the potential waters of the US within the delineation review area, please fill out the "Aquatic
Resources" tab in the attached Excel ORM Upload spreadsheet and return to me at your earliest
convenience and ensure that all potential waters of the US are clearly labeled on the plans and that those
labels are consistent with the aquatic resource's identification in the "Aquatic Resources" tab of the Excel
ORM Upload spreadsheet.

3. Please note that responses to the questions above may prompt additional information requests to
allow full evaluation of the proposed project.
Please let me know if you have any questions.
Sincerely,
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]
From: RaleighNCREG <[e-mail]>
Sent: Thursday, June 8, 2023 4:26 PM
To: [e-mail]
Cc: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Subject: SAW-2021-00582 (2621 Burton Rd / 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: Monday, June 5, 2023 3:34 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 6/5/2023 3:33 PM for Carpenter Falls. The link below will take you to the project
folder.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2820849;view=browse
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