20231100 Ver 1_updated RPOT info_20231113

Baker, Caroline D
From: Stock, N Carmela CIV USARMY CESAS (USA) <[e-mail]>
Sent: Monday, November 13, 2023 4:47 PM
To: Heath Caldwell
Cc: Isenhour, Kimberly T CIV USARMY CESAW (USA); Hopper, Christopher D CIV USARMY
CESAW (USA); Dailey, Samantha J CIV USARMY CESAW (USA); Hammond, Swade D
CIV USARMY CESAS (USA); Homewood, Sue; Hoy, Amie; Kelsey Strausbaugh
Subject: [External] RE: [Non-DoD Source] Re: Request for Additional Information RE: Mayes
Meadows (SAW-2021-00907)
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Good Afternoon, Heath:
Since the Corps' administrative withdrawal of the above referenced PCN application on November 2, 2023
(email notice forwarded below), questions regarding the Certifying Authority's (i.e. INC Division of Water
Resources) Reasonable Period Of Time (RPOT) as detailed in CFR Vol. 85, No. 13 (July 13, 2020) have
arisen.
1) The Corps has not yet received a complete application. Therefore, it cannot establish on the record that
a federal permit is required. Per our Programmatic Agreement with the INC Department of
Environmental Quality, dated September 16, 2022, "... the RPOT does not begin until the USACE has
determined that a federal permit is required.", and
2) The application fails to address all nine required elements as promulgated under 40 CFR 121, Subpart
B Section 121.5(b)(2), Identify the proposed project, (b)(4), Identify the location and nature of any
potential discharge that may result from the proposed project and the location of receiving waters, and
(b)(6), Include a list of all other federal, interstate, tribal, state, territorial, or local agency authorizations
required for the proposed project, including all approvals or denials already received.
Therefore, the Certifying Authority's RPOT has not yet begun. The RPOT for this project will begin when the
Corps and Certifying Authority are in receipt of a complete application. Within 15 days of receipt of a complete
application, the Corps shall notify the applicant, its authorized agent, and the INC DWR of the RPOT pursuant
to our obligations under 40 CFR 121, Subpart B Section 121.6.
Please reply to this email with questions or concerns.
N. Carmela Stock
Biologist
Regulatory Project Manager
U.S. Army Corps of Engineers
SAD Technical Regional Execution Center
100 W. Oglethorpe Ave.
Savannah, GA 31401
Email: Nichelle.C.Stock(a�usace.army.mil
Telephone: [phone]

To assist us in improving our service to you, please complete the survey found at
https://regulatory.ops.usace.army.mil/customer-service-survey/
From: Stock, N Carmela CIV USARMY CESAS (USA)
Sent: Thursday, November 2, 2023 10:10
To: Heath Caldwell <[e-mail]>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Isenhour, Kimberly T CIV USARMY CESAW (USA) <[e-mail]>; Dailey, Samantha J CIV
USARMY CESAW (USA) <[e-mail]>; Hammond, Swade D CIV USARMY CESAS (USA)
<[e-mail]>; Homewood, Sue <[e-mail]>; Hoy, Amie
<[e-mail]>; Kelsey Strausbaugh <[e-mail]>
Subject: RE: [Non-DoD Source] Re: Request for Additional Information RE: Mayes Meadows (SAW-2021-00907)
Good morning, Heath,
Thank you for providing additional information regarding the proposed Mayes Meadows Project (SAW-2021-
00907). Given your proposed project is pending review with the Interagency Review Team (IRT) for an
encroachment to the Unique Places to Save conservation easement, the Corps is unable to move forward with
the permitting process at this time. Accordingly, the Corps has elected to administratively withdraw your permit
application until the IRT review has been completed.
Please note that an administrative withdrawal does not require you to re -submit an entirely new PCN (unless
otherwise specified). We will continue to review and/or process your permit application upon receipt of the
information provided by the IRT's review.
We appreciate your understanding. Please respond to this email with questions/concerns.
Thank you,
N. Carmela Stock
Biologist
Regulatory Project Manager
U.S. Army Corps of Engineers
SAD Technical Regional Execution Center
100 W. Oglethorpe Ave.
Savannah, GA 31401
Email: Nichelle.C.Stock(a�usace.army.mil
Telephone: [phone]
To assist us in improving our service to you, please complete the survey found at
https://regulatory.ops.usace.army.mil/customer-service-survey/
From: Heath Caldwell <[e-mail]>
Sent: Friday, October 20, 2023 14:15
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Stock, N Carmela CIV USARMY CESAS (USA) <[e-mail]>; Isenhour, Kimberly T CIV USARMY
CESAW (USA) <[e-mail]>; Dailey, Samantha J CIV USARMY CESAW (USA)
<[e-mail]>; Hammond, Swade D CIV USARMY CESAS (USA)
<[e-mail]>; Homewood, Sue <[e-mail]>; Hoy, Amie
<[e-mail]>; Kelsey Strausbaugh <I<[e-mail]>
Subject: Re: [Non-DoD Source] Re: Request for Additional Information RE: Mayes Meadows (SAW-2021-00907)
Thanks Christopher! Yes, lots of information to comb through on this one. Sorry I wasn't clearer before. Appreciate the
quick response and concern! Have a great weekend!

Heath
On Fri, Oct 20, 2023 at 2:10 PM Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Awesome news. 2022 surveys weren't clear in your response statement, and we've not had enough time to comb
through everything in detail.
Our goal is to provide the best possible service to your client and worried delay on that issue would have had negative
impacts.
Thanks, Heath! We hope you enjoy the weekend.
Christopher. D. Hopper
TREC Team Lead / Wilmington District Liaison
US Army Corps of Engineers Savannah District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey
can be accessed by copying and pasting the following link into your web browser:
https://re_ uq latory.ops.usace.army.mil/customer-service-surveyl. Thank you for taking the time to visit this site and
complete the survey.
From: Heath Caldwell <[e-mail]>
Sent: Friday, October 20, 2023 1:57 PM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Stock, N Carmela CIV USARMY CESAS (USA)<[e-mail]>; Isenhour, Kimberly T CIV USARMY
CESAW (USA) <[e-mail]>; Dailey, Samantha J CIV USARMY CESAW (USA)
<[e-mail]>; Hammond, Swade D CIV USARMY CESAS (USA)
<[e-mail]>; Homewood, Sue <[e-mail]>; Hoy, Amie
<[e-mail]>; Kelsey Strausbaugh <[e-mail]>
Subject: Re: [Non-DoD Source] Re: Request for Additional Information RE: Mayes Meadows (SAW-2021-00907)

Christopher -
In the email I sent yesterday, and also attached in the updated application, we included a ME report that included a
survey that was performed in September of 2022. This was sent to the USFWS for concurrence on 2/24/23 and a
concurrence response was received on 3/24/23. Please refer to the to the correspondence attached as well as the
report included in the updated application. Please let me know if you need further clarification. Thank you -
Heath Caldwell
On Fri, Oct 20, 2023 at 1:38 PM Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Good afternoon, Heath, and thank you for the email.
Carmela is busy with other tasks today so asked me to ensure ME would not be a delay, as there are only 11 days left
in the 2023 flowering window for Schweinitz's sunflower.
We ran this past the Service as an expedited request, and they were kind enough to respond today. Sunflower surveys
conducted on October 12, 2021 would not be considered valid. We hope this will enable the required surveys to be
completed during this season and not add to delays when a permit decision is rendered.
Please continue to work with Carmela on all future permit -related information.
Christopher. D. Hopper
TREC Team Lead / Wilmington District Liaison
US Army Corps of Engineers Savannah District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey
can be accessed by copying and pasting the following link into your web browser:
https://re_ uq latory.ops.usace.army.mil/customer-service-surveyl. Thank you for taking the time to visit this site and
complete the survey.
From: Heath Caldwell <[e-mail]>
Sent: Thursday, October 19, 2023 12:01 PM
To: Stock, N Carmela CIV USARMY CESAS (USA) <[e-mail]>
Cc: Isenhour, Kimberly T CIV USARMY CESAW (USA) <[e-mail]>; Dailey, Samantha J CIV
USARMY CESAW (USA) <[e-mail]>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>; Hammond, Swade D CIV USARMY CESAS (USA)
<[e-mail]>; Homewood, Sue <[e-mail]>; Hoy, Amie
<[e-mail]>; Kelsey Strausbaugh <[e-mail]>
Subject: [Non-DoD Source] Re: Request for Additional Information RE: Mayes Meadows (SAW-2021-00907)
Good morning, Carmela-
Attached is the requested information on both of your 9/6 and 9/19 email requests for additional information. We
have updated the delineation to include the as -built delineation (SAW-2015-01816) that is within the conservation
easement (CE) and the subsequent impacts within the CE reflect this delineation. Impacts outside of the CE are
associated with the SAW-2021-00907 verification. We have yet to address Sue's last round of comments but wanted
to get these items over to you to review and continue moving forward with the project. Please review the information
attached and let us know if you have any additional questions/comments. Thanks -
Heath
On Tue, Sep 19, 2023 at 8:36 AM Stock, N Carmela CIV USARMY CESAS (USA) <[e-mail]>
wrote:
Good morning,
Upon further review of the proposed project, additional concerns have been raised. In addition to the
requested information in the previous email (dated September 06, 2023), please:
1. Clarify whether the proposed project is in accordance with 33 CFR 332.8 (g)(2) of the 2008 Mitigation
Rule. Although not called out in your application, the proposed project plans encroachments on an existing

mitigation bank. Approval documentation from the USACE and its interagency review team should
accompany your response.
2. Our records indicate there have been multiple Jurisdictional Determination (JD) requests provided for this
site, including recently recorded (2022) mitigation bank as -built surveys. Unless the most recently approved
boundaries are utilized, an additional site visits will be required.
3. Provide documentation from the local floodplain administrator that indicates the proposed project would
comply with applicable FEMA-approved local floodplain regulations (per Nationwide Permit (NWP) 29
General Condition 10), given the location of proposed work within a FEMA floodway. An email or other
documentation from the floodplain administrator would suffice for our needs.
4. Thank you for providing a detailed map and recent study of nearby historic sites. Due to the nature of the
proposed project and location of previously documented historic sites within the vicinity of the proposed
project area, consultation with the State Historic Preservation Office (SHPO) should be conducted. We did
not locate documentation of SHPO's concurrence in the application materials provided. Please direct us to
where this documentation may be found.
5. Thank you for the USFWS letter dated December 14, 2021. Please note that the USACE is still required
to consult with the service prior to authorizing impacts within areas potentially supporting listed species.
Two years is the limit for botanical surveys associated with Schweinitz's sunflower, and no mention of the
Tri-colored bat, due to be formally listed this month was received. Please provide current survey results for
Schweinitz's sunflower and alert your client that tree clearing moratoria associated with protection of Tri-
colored bat are likely as a condition of any permit verification.
If you do not submit the requested information within 30 days from the date of this request for additional
information (including information requested via e-mail dated September 06, 2023), your application will be
withdrawn.
Thanks!
N. Carmela Stock
Biologist
Regulatory Project Manager
U.S. Army Corps of Engineers
SAD Technical Regional Execution Center

100 W. Oglethorpe Ave.
Savannah, GA 31401
Email: Nichelle.C.Stock(a�usace.army.mil
Telephone: [phone]
To assist us in improving our service to you, please complete the survey found at
https://regulatory.ops.usace.army.mil/customer-service-survey/
From: Stock, N Carmela CIV USARMY CESAS (USA)
Sent: Wednesday, September 6, 2023 11:04
To: [e-mail]; [e-mail]
Subject: Request for Additional Information RE: Mayes Meadows (SAW-2021-00907)
Good morning!
This is in reference to your permit application for the proposed Mayes Meadows Project (SAW-2021-
00907). Upon review, your permit application is considered incomplete.
In order for us to continue evaluating the proposed project, please provide the following information:
1. Please confirm there will be no permanent fill within the 100-YR FEMA Floodplain indicated within
the proposed project boundary.
2. The Wetland Impact Table provided with the application listed no temporary impacts. Can you
confirm the purpose of the utility construction easement (0.234 AC of Wetland J) as a temporary
construction corridor with temporary impacts that would be revegetated as described in the provided
plans?
3. A letter provided with the PCN and dated August 7, 2023, with subject: SAW-2021-00907; Pre -
Construction Notification for NWP #29 for the Mayes Meadow site in Huntersville, Mecklenburg
County, North Carolina; indicated permanent impacts to three wetlands and four streams. The
impact table provided with the PCN indicated permanent impacts to 2 streams (B and C). Please
indicate the location and type of additional stream impacts that would occur.
4. Regarding the permanent stream impacts listed, have retaining walls been considered to minimize
downstream impacts where fill would be placed?
Also, please see the following regarding your application,

• Mitigation would be required at a 1:1 ratio for all converted wetlands (0.14 AC) due to loss of aquatic
function, since the 0.1-acre threshold would currently not be met with the proposed project design
(Per NWP 29 Regional Condition 10(d)).
• Since the proposed project would have over 150 LF of stream impacts, an Individual Water Quality
Certification is required from the State (NCDWR). Have you already begun the 401 Individual Water
Quality Certification Process?
Please reference our file number in any future correspondence pertaining to this project. If you do not
submit the required information to determine the project complete within 30 days from the date of this e-
mail, we will assume that you no longer wish to pursue this permit and your application will be withdrawn.
Thanks!
N. Carmela Stock
Biologist
Regulatory Project Manager
U.S. Army Corps of Engineers
SAD Technical Regional Execution Center
100 W. Oglethorpe Ave.
Savannah, GA 31401
Email: Nichelle.C.Stock(a�usace.army.mil
Telephone: [phone]
To assist us in improving our service to you, please complete the survey found at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Heath Caldwell
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetlands-epg.com
704.999.5279
Heath Caldwell
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetlands-epg.com
704.999.5279
Heath Caldwell
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetlands-epg.com
704.999.5279