20231242 Ver 1_USACE Provisional Verification_20231228

Baker, Caroline D
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, December 28, 2023 3:58 PM
To: Kate Hefner; Chris Raughley
Cc: Amanda Johnson; Lauren Norris -Heflin; Thomas, Zachary T; Harmon, Richard G CIV
SAW
Subject: [External] Provisional NWP 29 and 18 Verification: SAW-2021-01965 (Cambria / New
Bethel Road /Garner / Wake County / residential)
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Dear Mr. Chris Raughley,
This correspondence is in response to a Pre -Construction Notification (PCN) received on September 8, 2023, and
considered complete on December 8, 2023. In submitting the PCN, you requested verification that the proposed project
is authorized by a Department of the Army (DA) Nationwide Permit (NWP).
The work affecting waters of the United States is part of an overall project known as the Cambria residential
development. The activities in waters of the United States include the construction of road, utility, and stormwater
infrastructure necessary for access and infrastructure for the proposed development. The project involves the
permanent discharge of fill material into 0.0577 acre (268 linear feet) of stream channel (0.0496 acre [215 linear feet] of
which is considered a permanent loss of waters) and 0.183 acre of riparian non-riverine wetlands, and the temporary
discharge of fill material into 0.014 acre (96 linear feet) of stream channel and 0.035 acre of riparian non-riverine
wetlands (0.006 acre of which would result in the permanent conversion of forested wetlands to herbaceous wetlands).
This project would also result in the indirect reduction of wetland function to an additional 0.016 acre of riparian non-
riverine wetlands via partial loss of hydrology. The project is located on the north side of New Bethel Church Road and
the east side of Hebron Church Road, in Garner, Wake County, North Carolina.
This letter is a provisional notification that your proposed project has been reviewed under NWP Numbers 29 and 18. In
accordance with 40 CFR Part 121 (401 Rule), the Corps cannot take final action on the NWP verification request until the
procedures outlined in the 401 Rule for an individual Water Quality Certificate (WQC) have been completed. Specifically,
a Department of the Army (DA) permit or verification cannot be issued until a Section 401 WQC has been either issued,
waived, or denied, and the neighboring jurisdiction review process described in 40 CFR 121 has been successfully
completed.
Conditions of the Individual Section 401 WQC, will generally become conditions of any final NWP verification letter.
Should state action on the required WQC approve a project different from that shown on the current application, a
modification to the PCN will be required. You should notify our office of any such changes as substantial changes may
require further evaluation.
As stated above, this is a provisional notification. This letter does NOT provide Department of the Army (DA)
authorization. You are cautioned that commencement of the proposed activity(ies) requested prior to receiving a
written DA authorization would constitute a violation of Federal law and subject you to further enforcement action.
Receipt of a certification from the state (e.g., NC Division of Water Resources and/or NC Division of Marine Fisheries)
does not preclude the requirement for obtaining DA authorization (e.g., an NWP verification letter) prior to commencing
the work.

In all future correspondence, please refer to file number SAW-2021-01965. This correspondence has also been copied to
State and/or Federal agencies for their information. If you have any questions, please contact David E. Bailey at (919)
817-2436, or by email at [e-mail].
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: Kate Hefner <[e-mail]>
Sent: Friday, December 8, 2023 11:39 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Lauren Norris -Heflin <Lauren.Norris-
[e-mail]>;'Thomas, Zachary T' <[e-mail]>
Cc: Amanda Johnson <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Request for Additional Information: SAW-2021-01965 (Cambria / New
Bethel Road /Garner / Wake County / residential)
Dave/Zach,
Good morning!
Attached is the updated RAI package with the redesign of the box culverts at Impact 5 that Lauren mentioned in her
previous email. The RAI response package includes updated impact maps and the updated buffer impact table.
Please let us know if you have any questions.
Thanks, and have a great weekend!
Kate Hefner, WPIT, ISA-CA (she/her)
Environmental Scientist II
TIP ONS GROUP
E*0114EERH#C. I CESIGH 17ECKNOLOGY
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office: 919.866.4953 1 Cell: 828.455.4636
Kate. [e-mail]
Your Vision Achieved Through Ours

To send me files greater than 20MB click here.
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Friday, December 1, 2023 11:55 AM
To: Lauren Norris -Heflin <Lauren. [e-mail]>; 'Thomas, ZacharyT' <[e-mail]>
Cc: Amanda Johnson <[e-mail]>; Kate Hefner <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2021-01965 (Cambria / New Bethel Road /Garner /
Wake County / residential)
Thanks for the heads up, Lauren!
-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: Lauren Norris -Heflin <[e-mail]>
Sent: Friday, December 1, 2023 10:36 AM
To: 'Thomas, Zachary T' <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Amanda Johnson <[e-mail]>; Kate Hefner <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Request for Additional Information: SAW-2021-01965 (Cambria / New
Bethel Road /Garner / Wake County / residential)
Zach and Dave,
(Zach, this is what we discussed yesterday)
The engineering team has determined a redesign of the box culverts at Impact 5 (sheets CWI-2.7 and 2.8) is warranted.
We should have the updated information to you next week, just wanted to make you aware so the permits aren't
finalized before then.
I know this was one of your questions in the RAI Dave (question 3) so this may end up closer to what you were looking
for. Part of the reasoning for this is cost concerns. Our stormwater team has taken a closer look and feel reducing the
width of one or both culverts is beneficial from a stream perspective as well, and will still match the size of the overall
stream. The location of this culvert is wider than the overall stream in this area partially due to the stream cutting
beneath top of bank here.
We anticipate the impact totals will either remain the same or reduce slightly.
Thanks,

Lauren Norris -Heflin, PWS (she/her)
Environmental Project Manager
Office: 919.866.4943 1 Cell: 919.607.1723
TiV.. [DNS GROUP
1XIGMEEMOG. I DESIGN 17ECKNOl4GY
To send me files greater than 20MB click here.
From: Thomas, Zachary T <[e-mail]>
Sent: Monday, November 27, 2023 10:45 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Kate Hefner
<Kate.Hefner(@timmons.com>
Cc: Amanda Johnson <[e-mail]>; Lauren Norris -Heflin <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2021-01965 (Cambria / New Bethel Road /Garner /
Wake County / residential)
Hi Kate,
I am currently reviewing and am updating my letters. I will reach out if any questions come up!
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
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: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Monday, November 27, 2023 10:18 AM
To: Kate Hefner <[e-mail]>; Thomas, Zachary T <[e-mail]>
Cc: Amanda Johnson <[e-mail]>; Lauren Norris -Heflin <[e-mail]>
Subject: [External] RE: Request for Additional Information: SAW-2021-01965 (Cambria / New Bethel Road /Garner /
Wake County / residential)
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button located on your Outlook menu bar on the Home tab.
Hi Kate. I received the info and plan to review ASAP. Thanks.

-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: Kate Hefner <[e-mail]>
Sent: Monday, November 27, 2023 8:58 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Cc: Amanda Johnson <[e-mail]>; Lauren Norris -Heflin <[e-mail]>
Subject: [Non-DoD Source] RE: Request for Additional Information: SAW-2021-01965 (Cambria / New Bethel Road
/Garner / Wake County / residential)
Dave/Zach,
Good morning! I hope you both had a great thanksgiving!
I wanted to check in to make sure you received the RAI response for Cambria and to see if you needed any other
information from us. Please let me know if you have any questions.
Thanks!
Kate Hefner, WPIT, ISA-CA (she/her)
Environmental Scientist II
Tit ONS GROUP
7.0GINEER10G. I DESIGN 17ECKNOLDGY
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office: 919.866.4953 1 Cell: 828.455.4636
Kate. [e-mail]
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Kate Hefner <[e-mail]>
Sent: Friday, November 10, 2023 10:06 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Cc: Chris Raughley<[e-mail]>; Robert Rudloff<[e-mail]>; Amanda

Johnson <[e-mail]>; Lauren Norris -Heflin <[e-mail]>
Subject: RE: Request for Additional Information: SAW-2021-01965 (Cambria / New Bethel Road /Garner / Wake County /
residential)
Dave/Zach,
Good morning!
Attached is the Request for Additional Information (RAI) response package for the Cambria site. Please let me know if
you have any questions or need anything else for your review.
Thanks, and have a great weekend!
Kate Hefner, WPIT, ISA-CA (she/her)
Environmental Scientist II
TIP=_' ONS GROUP
E00MEEN10G. I DISIGM I TECKNOl4GY
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office: 919.866.4953 1 Cell: 828.455.4636
Kate. Hefner@ti mmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Friday, October 6, 2023 11:56 AM
To: Kate Hefner <[e-mail]>; Chris Raughley <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: Request for Additional Information: SAW-2021-01965 (Cambria / New Bethel Road /Garner / Wake County /
residential)
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
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0
Thank you for your PCN, dated 9/8/2023, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permits (NWPs) 29 (https://saw-
reg.usace.army.mil/NWP2021/NWP29.pdf) and 18 (https://saw-reg.usace.army.mil/NWP2021/NWP-18.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) Note that a Preliminary Jurisdictional Determination (PJD) was issued for this project to the requestor (Soil &
Environmental Consultants) on 3/22/2023. Although the delineation map included in your PCN package appears
to match the map included with the PJD, the project plans do not appear to show feature LW1 (wetland), and
feature W5 (wetland) does not appear to extend as far updrainage (south) on the project plans as it does on the
delineation map. Please ensure that all features and their delineated extents appear on the plan set and report
any proposed impacts accordingly on the PCN.

2) Given the relatively steep slopes (>3%) of the proposed culverts at Impacts 1 and 6, we are concerned that these
features would be subject to headcutting above the proposed culvert if the invert is buried 1 foot as proposed.
Note also that, in this case, NWP Regional Condition B.9.a does not require culvert invert burial, based on the
proposed culvert slopes and size of the proposed pipes (<72"). Please confirm with NCDWR regarding whether
or not culvert burial is required/advisable in this situation. If burial of the culvert pipe is not advised, please
redesign accordingly and update the PCN and applicable plansheets.
3) Specific to Impact 5:
a. The multiple -culvert design appears to comply with the portion of NWP 29 Regional Condition B.9.c
requiring that the high flow culvert be designed to only receive flows above bankfull. However, the low -
flow culvert proposed is 12-feet wide, which appears to be wider than the width of the existing stream
bed as reported in PCN Section C.3. This does not appear to comply with Regional Condition B.9.b or the
portion of NWP 29 Regional Condition B.9.c that states "The width, height, and gradient of a proposed
culvert shall be such as to pass the average historical low flow and spring flow without adversely altering
flow velocity." To this end, the Regional Condition states "If the width of the culvert is wider than the
stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain
the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive
only flows above bankfull." Please redesign this crossing to meet this condition.
b. Project plans indicate that this culvert outlet is oriented such that the stream would exit the culvert(s)
aimed at the stream bank. It is reasonable to expect severe bank erosion in this area during high flows.
i. Please re -design the culvert(s) to align with the downstream stream banks to avoid indirect
impacts of erosion and sediment loading into the stream. If slight re -alignment of the stream
channel are necessary at either end of the culvert, please include proposed cross sections of the
stream re -alignment, include the stream impact footprint and the proposed channel alignment
on the plans, and itemize the length of stream impacted as a permanent impact on the PCN.
ii. If redesign of the culvert is not practicable (available and capable of being done after taking into
consideration cost, existing technology, and logistics in light of overall project purposes),
specifically state why, and show how the project is designed to prevent this foreseeable erosion
while also complying with Regional Condition B.9.c through profile/cross-section views, etc.
c. Please provide a detail of the tie-in between the outlet of the high -flow culvert and the existing stream
channel, ensuring that this tie-in does not widen the existing stream channel beyond the existing width
and also does not result in erosion or headcutting. Constructed floodplain benches are often used for
this purpose and have been shown to be effective on many NCDOT projects. An example is attached for
reference.
4) Based on proposed/assumed grading, the project appears to eliminate the majority of the drainage
areas/hydrology source for Wetlands W6 and W9:
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 as reasonably foreseeable indirect impacts (see NWP General Conditions "District Engineers
Decision") resulting from a loss of hydrology. In such cases compensatory mitigation 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. NCWAM);
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.

5) Given the relative proximity of this project to known populations of several threatened/endangered mussel
species, as well as potentially suitable habitat for these species occurring within the project action area, we have
initiated informal consultation with the US Fish and Wildlife Service (USFWS). Please note that the Corps cannot
verify the use of a NWP until Section 7 consultation is complete.
6) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
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 (9/8/2023) 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 1/6/2024.
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, September 12, 2023 1:48 PM
To: Kate Hefner <[e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2021-01965 (Walters Buffaloe Assemblage / Cambria / New Bethel Road / Hebron Church Road / Garner /
Wake County / residential)
Good Afternoon,
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, September 8, 2023 2:40 PM
To: RaleighNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: [Non-DoD Source] PCN - Wake - Non -DOT
A new project has been received on 9/8/2023 2:38 PM for Cambria. The link below will take you to the project folder.
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