20210573 Ver 2_More Info Received_20230815

From: Snider, Hollev
To: Beecher, Gary H CIV USARMY CESAW (USA)
Subject: FW: [External] Re: Stanley Martin AKA Cannon Tract (DWR# 20210573 & SAW#2020-01466)
Date: Tuesday, August 15, 2023 3:19:00 PM
Hey Gary,
Can we please schedule a time to discuss this and other Brunswick County pending projects? Please
let me know when you are available in the next few days.
Thanks,
Holley Snider' -
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
*please note my email address has changed hoIiey.snider0deq.nc.gov*
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127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Homewood, Sue <[e-mail]>
Sent: Tuesday, August 15, 2023 8:45 AM
To: Snider, Holley <[e-mail]>
Subject: RE: [External] Re: Stanley Martin AKA Cannon Tract (DWR# 20210573 & SAW#2020-01466)
Hey Holley,
Their JD map lists "non -jurisdictional wetlands". That's the term that was used when the Trump
WOTUS rules were in place. My understanding of current USACE policy set by headquarters is that if
someone needs a 404 approval for jurisdictional features they would not honor these JDs made
under the Trump rule. Especially since it's not an AJD. But maybe Gary is just converting that to
"isolated" in his mind because he's been there and knows they would qualify for that under Rapanos
rules which is what they were following until Sackett.
We need to understand this better so we know what to do. Have you had any conversation with
Gary? Since they aren't allowed to issue JDs now, my understanding is that they can't issue 404s
that show impacts to isolated wetlands because that's like issuing a JD as part of the approval.
Maybe we can have a chat with Gary?
Then we're going to need to talk to mgmt. about this. You may not be able to take action on this
project until after they make a final decision about implementation of the Farm Bill.

Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
sue.homewood0deq.nc.gov please note my new email address
336 813 1863 mobile
919-707-3679 office
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Williams, Kim <Kim.Williams(@dave)1.com>
Sent: Tuesday, August 15, 2023 8:11 AM
To: Snider, Holley <holley.snider(@deq.nc.gov>
Cc: Beecher, Gary H CIV USARMY CESAW (USA) <Gar)l.H.Beecher(@usace.arm)J.miI>; Homewood, Sue
<sue.homewoodPdeq.nc.gov>; Greg Wayne <gwayne(@hdsilm.com>
Subject: [External] Re: Stanley Martin AKA Cannon Tract (DWR# 20210573 & SAW#2020-01466)
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Hi Holley
Thanks for your comments. Please see below for our response (in red). Let me know if you have any
other questions.
Thanks!
Kim
On Fri, Aug 11, 2023 at 1:29 PM Snider, Holley <holley.snider(@deq.nc.gov> wrote:
Good afternoon Kim,
DWR has additional questions regarding avoidance and minimization and completeness of the
overall development plan. In accordance with 15 A NCAC 02H .0506 (b)(1) the Division shall
evaluate if the proposed activity: has avoided and minimized impacts to surface waters and
wetlands to ensure any remaining surface waters or wetlands, and any surface waters or wetlands
downstream, continue to support existing uses during and after project completion. The DWR is
placing your application on hold until such time as the following requested additional
information has been provided to complete the review:
1. Avoidance and minimization; the impacts associated with this application request are
greater than those previously proposed in the ePCN application submitted on 10/4/2021.
Please justify the needed increases in impacts. Proposed permanent stream impacts have
been adjusted several times during the design phase as additional infromation about the

site and Town requirements have been identified. Proposed impacts are the same as what
was submitted in August of 2022 and are now considered final. Additional temporary
stream impacts have been added to account for a pump around system that may be
needed to install the bottomless culverts. However, no heavy equipment will be placed
within the streams during construction. Including the reduction in stream width from 4 to 3
feet as indicated in the ePCN application dated 6/14/2023. The 4 ft width listed in the
previous submittal was from top of bank to top of bank. The 3 ft width is at the ordinary
high water mark, which we felt was a more accurate representation of jurisdictional
boundaries. The applicant is proposing mitigation for permanent stream impacts (by
length).
2. Please provide a copy of the USACE wetland delineation. Attached is a wetland concurrence
email received from Gary Beecher.
3. Please clarify if it is the intent of the developer to maintain the roadways as private or if
they will become NC DOT public roadways. The streets will be public Town of Leland
streets. Not D.O.T.
Please note, DWR received the application fee as required by 15A NCAC 02H .0502 (State
application completeness requirements) on 6/26/2023 which started the 60-day State review
clock. The DWR has requested additional information as listed above and in accordance with 15A
NCAC 02H .0507 (a). Feel free to call or email me if you have any additional questions.
Sincerely,
Holley Snider' -
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
*please note my email address has changed ho11ey.snider0deq.nc.gov*
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127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties by an authorized state official.