_External_ RE_ Nationwide Permit 29 verification_ SAW-2021-02602 (1725 New Bethel Church Road _ Garner _ Wake County)

Baker, Caroline D
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, December 27, 2023 10:08 AM
To: Deborah Shirley; Tucker Ennis
Cc: Harmon, Richard G CIV SAW; Thomas, Zachary T
Subject: [External] RE: Nationwide Permit 29 verification: SAW-2021-02602 (1725 New Bethel
Church Road / Garner / Wake County)
Attachments: 2021-02602 NWP 29 Tearsheet - typo corrected.pdf
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.
Hi Debbie, and my apologies for the typo. You're correct, I had left the sewer impacts out of the temporary impacts
calculation. I have attached the corrected version to this email. Please replace the NWP 29 tearsheet I originally sent on
12/18/2023 with the attached. Thanks, and I hope your holidays are going well.
-Dave Bailey
David E. Bailey, PWS
Chief, Raleigh Regulatory Field Office
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: Deborah Shirley <[e-mail]>
Sent: Tuesday, December 19, 2023 9:55 AM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: Harmon, Richard G CIV SAW <[e-mail]>
Subject: [Non-DoD Source] RE: Nationwide Permit 29 verification: SAW-2021-02602 (1725 New Bethel Church Road /
Garner / Wake County)
David,
Thank you for the verification!! And I hate to bring this up but I think that you missed an additional 21 LF of temporary
stream impacts. Impact Area A, the sanitary sewer. The total temp stream impacts requested was 50 LF (0.004 acres).

3. S#fBdRI I•R pws
If there aie pimmial or rl#errrl Mwt straarrV to ry impacts (IncludIN temporary impacts) V)porW i)n Ine site,
ample[ lh s. We for all strearrit tributary sifts impacted.
All Peremial or Intermittent streams must be venfied by DWR or delegated local govemmlent
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Please let me know if you have any questions.
Thanks,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, Inc.
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
1
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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
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From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Monday, December 18, 2023 8:49 PM
To: Deborah Shirley <[e-mail]>; Tucker Ennis <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; Harmon, Richard G CIV SAW
<[e-mail]>
Subject: Nationwide Permit 29 verification: SAW-2021-02602 (1725 New Bethel Church Road / Garner / Wake County)
0
Please see the attached Nationwide Permit 29 verification, including Special Conditions and terms and conditions, for
the above referenced project. Note that hard copies of the attached documents will not be distributed unless specifically
requested.
Please let me know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Chief, Raleigh Regulatory Field Office
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: Deborah Shirley <[e-mail]>
Sent: Tuesday, September 19, 2023 1:44 PM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; Tucker Ennis <[e-mail]>
Subject: [Non-DoD Source] RE: Request for Additional Information: SAW-2021-02602 (1725 New Bethel Church Road /
Garner NC / Wake County)
Dave:

Thank you for your review and comments. We have provided responses to the original email below in red and provided
the attached additional information. We are anticipating that this will resolve any concerns of the elimination of
hydrology flowing to streams C and E.
Attachments:
-Post Development Hydrology Map
-Pre-post comparison calculations
-Wall details
Please let us know if you have any additional questions or need further information to continue your review of 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, 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: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Wednesday, August 30, 2023 11:43 AM
To: Deborah Shirley <[e-mail]>; Tucker Ennis <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: Request for Additional Information: SAW-2021-02602 (1725 New Bethel Church Road / Garner NC / Wake
County)
No
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;

Per the project engineer -A revised hydrology sheet, calculations, and details have been included. While
the flow through the two streams in question is certainly reduced, by allowing areas of built upon lots to
sheet flow across stabilized vegetation to the stream, there will be some level of flow going to the
streams while maintaining the required nutrient removal. For stream "E", the retaining wall will have
drains at the bottom face of the wall to convey subsurface drainage.
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.
Per the project engineer -The existing culvert in stream "C" will be removed during the installation of the sewer
line. The culvert in stream "E" cannot be removed because it is located in an area of tree conservation, required
for this site. The means and methods of removing the culvert would cause additional tree and stream
disturbance.
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.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=546066;view=browse
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