20231093 Ver 1_USACE RFAI & DWR Notification Email_20230830

Baker, Caroline D
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, August 30, 2023 11:43 AM
To: [e-mail]; Tucker Ennis
Cc: Thomas, Zachary T
Subject: [External] Request for Additional Information: SAW-2021-02602 (1725 New Bethel
Church Road / Garner NC / Wake County)
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Thank you for your PCN, dated 8/4/2023, 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your application withdrawn and close the file:
1) Based on proposed/assumed grading, the project appears to eliminate the majority of the drainage
areas/hydrology source for Streams C and E:
a. Please provide justification that hydrologic input will be maintained to these waters. Common designs
include routing approximately equivalent surface water/runoff area to these locations, altering locations
of stormwater outlets, usage of French drains and under -drains where appropriate, etc. Please also
update applicable plansheets to clearly show such measures/details;
b. If maintenance of stream hydrology is unable to be justified as appropriate, the Corps would consider
these areas (Stream C from its origin down to its confluence with Stream D; Stream E from the end of
the permanent impact to the beginning of the perennial flow regime) as reasonably foreseeable indirect
impacts (see NWP General Condition 32(b)(4)(i) and NWP District Engineer's Decision part 2) resulting
from a loss of hydrology. In such cases compensatory mitigation (due to cumulative loss of function)
may be required for indirect impacts resulting in a loss of hydrology and therefore aquatic function;
compensatory mitigation is typically required at a 1:1 ratio for such indirect impacts (although may be
situationally up to 2:1), depending largely on aquatic function (e.g. NCSAM);
c. A monitoring plan (typically including monitoring devices and visual observations for a period of 5 years
post -construction) to document maintenance of stream hydrology may also be proposed for Corps
evaluation and approval; such monitoring plans would also include a contingency plan, typically
including compensatory mitigation, in the event that monitoring does not indicate maintenance of
stream hydrology.
2) As an avoidance and minimization measure (per NWP General Condition 23(a) and (b)), would it be practicable
to remove the existing culverts on Streams C and E? If so, please include a brief narrative of plans/methodology
to remove the existing culverts, including the proposed post -removal state of the stream channels in these
locations. If not, please describe why this action is not practicable.
It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division of Water
Resources (NCDWR) for this project. Please note that the Corps cannot verify the use of any NWP without a valid 401
WQC.
For NCDWR: Within 14 days, please notify me if the certification request does not contain the nine (9) components listed
in Section 121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule; otherwise, we will consider our receipt

date (8/4/2023) as accurate. As specified in the 9/16/2022, Programmatic Agreement (PA) between the USACE and the
NCDWR, the reasonable period of time (RPOT) for DWR to act on a Section 401 certification request is 120 days unless
the RPOT is extended per the terms of this PA. As such, unless we receive an email request for an extension of the RPOT,
the USACE will consider the Section 401 certification for this project to be waived on 12/2/2023.
Please let me know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: David. [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: RaleighNCREG <[e-mail]>
Sent: Tuesday, August 8, 2023 9:34 AM
To: [e-mail]
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2021-02602 (1725 New Bethel Church Road / Garner NC / Wake County)
Good Morning,
We have received your Pre -Construction Notification (PCN) NWP request for the above project and forwarded
it to Dave Bailey for further processing.
Thank you,
Josephine Schaffer
From: [e-mail] <[e-mail]>
Sent: Friday, August 4, 2023 4:44 PM
To: RaleighNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] More Information Received - Non -DOT - Wake
New Project has been received on 8/4/2023 4:43 PM for Golden Trace. The link below will take you to the project folder.
httos://edocs.dea.nc.eov/laserfiche/index.asox?db=WaterResources#id=546066:view=browse

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