20231454 Ver 1_More Info Received_20231229

Baker, Caroline D
From: Myers, Joseph M
Sent: Wednesday, January 10, 2024 4:50 PM
To: Joshua Riding
Cc: Matthew Jennette; Martin, Matthew K CIV (USA)
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-02104 (Marshburn
Manor /1528 Marshburn Road / Wendell NC / Wake County)
Hey Josh,
I am hoping to finish up my review by the end of the week. I have been out of the office on leave for the holidays and
then unfortunately have been out sick this past week. I am currently playing catch up but will do my best to get to this.
Thanks,
Joe Myers
Environmental Specialist 11
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
Joseph. Myers@deg. nc.gov
D ki;
e o.- ���NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Joshua Riding <[e-mail]>
Sent: Tuesday, January 9, 2024 8:13 AM
To: Myers, Joseph M <[e-mail]>
Cc: Matthew Jennette <[e-mail]>; Martin, Matthew K CIV (USA) <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528 Marshburn
Road / Wendell NC / Wake County)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Good morning Joe,
I just wanted to follow up on this project and check on the status of the review.
Thanks,
Josh Riding I Environmental Scientist

.. GEO-TECHNOLOGY ASSOCIATES, INC.
3445 Box Hill Corp. Center Drive, Suite A, Abingdon, MD 21009
° Cell: 804-467-8989 1 www.-qtaen-g.com
From: Joshua Riding
Sent: Friday, December 29, 2023 9:12 AM
To: Myers, Joseph M <[e-mail]>
Cc: Matthew Jennette <[e-mail]>; Martin, Matthew K CIV (USA) <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528 Marshburn
Road / Wendell NC / Wake County)
Good morning Joe,
Attached is the DMS In -Lieu Fee acceptance letter for the buffer credits, as RES has not had their anticipated release of
credits yet.
Thanks,
Josh Riding I Environmental Scientist
. GEO-TECHNOLOGY ASSOCIATES, INC.
3445 Box Hill Corp. Center Drive, Suite A, Abingdon, MD 21009
Cell: 804-467-8989 1 www.-qtaen-g.com
From: Joshua Riding
Sent: Thursday, December 21, 2023 4:22 PM
To: 'Myers, Joseph M' <[e-mail]>
Cc: Matthew Jennette <[e-mail]>; Martin, Matthew K CIV (USA) <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528 Marshburn
Road / Wendell NC / Wake County)
Hey Joe,
1. I reached out to RES this morning regarding an updated SOA, as they were supposed to have a December
release of buffer credits and will forward once I receive it.
2. You are correct, these numbers were from an old design. PCN application with revised buffer impact table is
attached.
3. Impact plates with revised leaders are attached.
Thanks,
Josh Riding I Environmental Scientist
. GEO-TECHNOLOGY ASSOCIATES, INC.
3445 Box Hill Corp. Center Drive, Suite A, Abingdon, MD 21009
' Cell: 804-467-8989 1 www.-qtaen-g.com
From: Myers, Joseph M <[e-mail]>
Sent: Thursday, December 21, 2023 1:37 PM
To: Joshua Riding <[e-mail]>
Cc: Matthew Jennette <[e-mail]>; Martin, Matthew K CIV (USA) <[e-mail]>

Subject: RE: [External] RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528 Marshburn
Road / Wendell NC / Wake County)
Hey Josh,
I am currently reviewing the PCN for Marshburn Road (DWR #20231454) in Wake County and have a few items that
need to be addressed before I can finish the review.
1. The buffer impacts for this project were listed as "Allowable upon mitigation". The cumulative Zone 1(8,984
sq. ft) and Zone 2 (7,547 sq. ft) riparian buffer impacts total 0.38 acres. The Neuse River Basin Riparian
Buffer Rules (15A NCAC 02B .0714) state in Table of Uses under Section 11 (y) (iii), that perpendicular road
crossings impacting greater than one-third of an acre of riparian buffer, are "Allowable with Mitigation Upon
Authorization". Due to the impacts being greater than 0.333 acres, mitigation for the buffer impacts will be
required. Mitigation is 3:1 for zone 1 impacts and 1.5:1 for zone 2 impacts, thus bringing the mitigation
required for this project to 38,273 credits. The current statement of availability that was provided is only
authorized for 3,168 buffer mitigation credits. Please provide a copy of the statement of availability from an
approved mitigation bank for the full amount of required compensatory mitigation.
2. Please provide an updated PCN/impact table to reflect the updated impact numbers for our records. The
current PCN reflects values that I could not find within your application or map. Are these perhaps values
from an old design and were mistakenly included in the PCN? (See below)
b. Impact Type I ft. Per or Temp 1I6d. Stream nam
Allowable with mitigation FP
stream E
Allowable FP
#ream A
lAllawake IF
7 1 stream A
3. 1 noticed during my review that you are referencing the Jordan Lake Buffer Rules, rather than the Neuse
Riparian buffer rules. This project takes place in the Neuse Riparian Buffer Basin and is therefore subject to
those rules. Please see the attached Neuse rules for the updated language. The language used on your
impact maps reflect the Jordan lake rules, rather than the Neuse rules.
This is a request for additional information and this project will be considered on hold until the information needed
above has been provided.
Thank you for your time.
Joe Myers
Environmental Specialist 11
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
Joseph. Myers@deq. nc.gov

DE
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Q /)
NOR I H CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Monday, December 18, 2023 2:40 PM
To: Joshua Riding <[e-mail]>
Cc: [e-mail]; Thomas, Zachary T <[e-mail]>; Matthew Jennette
<[e-mail]>
Subject: [External] RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528 Marshburn Road
/ Wendell NC / Wake County)
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.
Thank you for providing the revised letter.
Matt
From: Joshua Riding <[e-mail]>
Sent: Monday, December 18, 2023 1:28 PM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: [e-mail]; Thomas, Zachary T <[e-mail]>; Matthew Jennette
<m len [e-mail]>
Subject: [Non-DoD Source] RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528
Marshburn Road / Wendell NC / Wake County)
Matt,
I spoke with Clearwater and that was a typo in their original letter. Attached is the revised SOA from Clearwater Mitigation
for credits in the Upper Neuse watershed.
Thanks,
Josh Riding I Environmental Scientist
GEO-TECHNOLOGY ASSOCIATES, INC.
3445 Box Hill Corp. Center Drive, Suite A, Abingdon, MD 21009
Cell: 804-467-8989 1 www.-qtaen-g.com
From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Monday, December 18, 2023 12:26 PM
To: Joshua Riding <[e-mail]>
Cc: [e-mail]; Thomas, Zachary T <[e-mail]>; Matthew Jennette
<[e-mail]>

Subject: RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528 Marshburn Road / Wendell
NC / Wake County)
Josh,
Related to response 3 below the SOA you provided is not clear where the mitigation will be coming from. In the subject
it mentions Bank Name: Clearwater Neuse 01 Umbrella Mitigation Bank, Bank Sites: Lowlands Wetland Mitigation Site
and in the body of the letter it states EMH Farm Mitigation Bank Mitigation Banking Instrument: EMH Farm Buffer
Mitigation Bank Parcel. The site mentioned in the body is out of HUC and outside of the service area for that mitigation
bank. Please request a SOA that clearly states where the mitigation is coming from. Your project appears to be in the
HUC 03020201 - Upper Neuse, not the Randleman Lake Watershed.
Please provide this within 15 days of receipt of this Notification or we may consider your application withdrawn and
close the file. Please email([e-mail]) me if you have any questions/concerns or would like to
set up at time to discuss.
Thank you,
Matt
From: Joshua Riding <[e-mail]>
Sent: Wednesday, November 29, 2023 12:23 PM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: [e-mail]; Thomas, Zachary T <[e-mail]>; Matthew Jennette
<[e-mail]>
Subject: [Non-DoD Source] RE: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528
Marshburn Road / Wendell NC / Wake County)
Good morning Matt,
Please see my responses to your questions below, in red.
Thanks,
Josh Riding I Environmental Scientist
GTA ASSOCIATES, INC.
530 Hinton Pond Road, Suite 104, Knightdale, NC 27545
Tel: [phone] Cell: 804-467-8989 1 www.-qtaen-g.com
From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Wednesday, November 22, 2023 11:24 AM
To: Joshua Riding <[e-mail]>
Cc: [e-mail]; Thomas, Zachary T <[e-mail]>
Subject: Request for Additional Information: SAW-2023-02104 (Marshburn Manor /1528 Marshburn Road / Wendell NC
/ Wake County)
up
Good morning, my name is Matt Martin and I have been assigned as the project manager for your project. Thank you for
your PCN, dated October 24t", 2023, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permits (NWP) 29. Please submit the requested

information below (via e-mail is fine) within 30 days of receipt of this Notification or we may consider your application
withdrawn and close the file. Please email([e-mail]) me if you have any questions/concerns
or would like to set up at time to discuss.
1. General condition 32(5) requests that a delineation be provided in accordance with the current method required
by the Corps. In order to satisfy this general conditions please provide the elements of a delineation, (i.e., data
forms and maps). "The 45-day period will not start until the delineation has been submitted"
•Map and data forms are included in the JD request document attached to this email.
2. This application presents Pond 1 as non jurisdictional when no Approved Jurisdictional Determination has been
submitted. Per RGL 16-01 "Corps generally does not issue a JD of any type where no JD has been requested".
Please submit an Approved Jurisdictional Determination request so the Corps can confirm this feature is not
jurisdictional.
•Approved Jurisdictional Determination request is attached to this email.
3. In the PCN no mitigation mechanism or proposed quantity is identified. If proposing mitigation through the
North Carolina Division of Mitigation Services (DMS) In -Lieu fee program, please include an Approval Letter from
DMS for the mitigation. If proposing through a Mitigation Bank, please provide a Statement of Availability.
a. Please know that per this public notice, impacts are to be mitigated at a 2:1 ratio unless a NCWAM form
is provided for wetlands showing low function.
•Statement of availability for the wetland mitigation, from Clearwater Mitigation Solutions, is attached
to this email.
4. Per General Condition 18, no activity is authorized under any NWP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly
destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. To
verify compliance with Section 7 of the Endangered Species Act please include a discussion of habitat for
federally listed species shown on your IPaC. If habitat is present, please include a discussion stating if surveys
were performed, if surveys were performed please include the date of the survey and the result.
•Discussion of the habitat parameters for listed species is attached to this email.
5. It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division
of Water Resources (NCDWR) for this project. Per the 2020 CWA Section 401 Rule, the PCN must contain the 9
elements listed in Section 121.5(b) of the Rule. According to the 9/16/2022, Programmatic Agreement (PA)
between the USACE, Wilmington District, and the NCDWR, the Reasonable Period of Time (RPOT) for NCDWR to
act on a Section 401 certification request is 120 days after receipt of a certification request containing the 9
required elements. However, it appears that element 4 and 7 is not met; as such, NCDWR's RPOT has not started
yet. Please note that the Corps cannot verify the use of any NWP without a valid 401 WQC.
a. (4) Identify the location and nature of any potential discharge that may result from the proposed project
and the location of receiving waters;
i. Resolve by resolving item 2 above. AJD Request is attached to this email.
b. (7) Include documentation that a prefiling meeting request was submitted to the certifying authority at
least 30 days prior to submitting the certification request;
i. Resolve by including documentation of the pre filling. In your PCN the Agent Authorization form
was placed in that section. Documentation of prefiling request is attached to this email.
6. Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
Please let me know if you need anything else.
Matthew K. Martin, PWS
Regulatory Specialist
U.S. Army Corps of Engineers

CE-SAW-RG-R
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