20240193 Ver 1_Staff Report Zachary.Thomas_20240201 (4)

Baker, Caroline D
From:Thomas, Zachary T
Sent:Tuesday, February 6, 2024 9:30 AM
To:Mike Kahm
Cc:Matthew K. Martin ([e-mail]); Natascha Clark; Myers, Joseph
M; Morales, Kristina
Subject:RE: \[External\] FW: SAW-2021-01704: Permit for Wetland Crossing for Septic Lines -
Chamblee South
Hi Mike,

As long as you are under the thresholds for the GC4276, it appears that you would not need anything else from DWR. If
you find that your project changes or triggers any of the condi?ons of the GC, please reach out to our office and we can
assist with any ques?ons or concerns you may have.

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 par?es.

From: Mike Kahm <[e-mail]>
Sent: Tuesday, January 30, 2024 4:23 PM
To: Thomas, Zachary T <[e-mail]>
Cc: Matthew K. Martin ([e-mail]) <[e-mail]>; Natascha Clark
<[e-mail]>; Myers, Joseph M <[e-mail]>; Morales, Kristina
<[e-mail]>
Subject: RE: \[External\] FW: SAW-2021-01704: Permit for Wetland Crossing for Septic Lines - Chamblee South

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.

Zach,
I have completed the PCN the best I could and it has been submitted. Please let us know if there is any
additional information needed before we begin work on those lots. Thanks for your help!

Mike Kahm
1

Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

From: Thomas, Zachary T <[e-mail]>
Sent: Tuesday, January 30, 2024 10:30 AM
To: Mike Kahm <[e-mail]>
Cc: Matthew K. Martin ([e-mail]) <[e-mail]>; Natascha Clark
<[e-mail]>; Myers, Joseph M <[e-mail]>; Morales, Kristina
<[e-mail]>
Subject: RE: \[External\] FW: SAW-2021-01704: Permit for Wetland Crossing for Septic Lines - Chamblee South

Hi Mike,

A?er a quick review of the emails below and the provided impact map, it appears that your project would not require
wri?en authoriza?on from DWR as it falls under the thresholds of the NWP58 corresponding General Cer?fica?on
4276. It appears that your project will involve temporary impacts to the wetland for open cut installa?on of the sep?c
lines (to be restored to natural condi?ons a?er installa?on completed) and two culvert crossings for an access road that
total <0.10 acres of permanent impacts. Please confirm that your project does not trigger any of the thresholds listed
in the GC4276.

No stream features appear to be depicted on the USGS Topo or NRCS Soil Survey maps, therefore DWR buffer rules do
not apply for this project. It is recommended that you check with Local agencies to ensure that you do not require any
additional permits.

Pending your confirma?on, you can fill out a PCN as a courtesy copy (for the record only) so that we will have a copy of
your project plans on file and will be able to reference them via a DWR# in the future. You can fill out a form here:
h?ps://edocs.deq.nc.gov/Forms/Pre-Construc?on_No?fica?on_Form

If you have any ques?ons, please let me know.

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

Raleigh Regional Office
2

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 par?es.

From: Mike Kahm <[e-mail]>
Sent: Monday, January 29, 2024 5:36 PM
To: Thomas, Zachary T <[e-mail]>
Cc: Matthew K. Martin ([e-mail]) <[e-mail]>; Natascha Clark
<[e-mail]>
Subject: \[External\] FW: SAW-2021-01704: Permit for Wetland Crossing for Septic Lines - Chamblee South

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.

Zach,
Matthew Martin at the USACE recommended that we check with you on our proposal to fill a small amount of
wetland areas on Lots 48 and 49 in the Chamblee South subdivision, located off Lassiter Road in Johnston
County, to confirm you are OK with our proposal. The fill is required to access the septic fields on each lot that
are on the opposite side of the wetlands from the proposed home sites. A copy of the plan illustrating the
proposed fill locations is attached and the email thread with Matthew is below that indicates that the Corps is
fine with the proposed fill.

Once you get a chance, could you please let us know if the DEQ will require any additional information to allow
us to proceed? Thanks.

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Monday, January 29, 2024 5:23 PM
To: Mike Kahm <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: RE: SAW-2021-01704: Permit for Wetland Crossing for Septic Lines - Chamblee South

Mike,

The Corps does not require anything else. It is your responsibility to contact the North Carolina Division of Water
Resources (NCDWR) Raleigh Regional Office to determine the 401 requirements for this project. Please note that, if an
Individual 401 WQC is required from NCDWR, the condi?ons of the Individual 401 WQC, once issued, are also condi?ons
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of the NWP referenced above. You may not conduct the ac?vity authorized by the above referenced NWP without a
valid 401 Water Quality Cer?fica?on.

I encourage you to reach out to Zach Thomson of the NCDWR. [e-mail]

Thank you,

Matthew K. Martin, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mobile: [phone]
Email: [e-mail]

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://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.

From: Mike Kahm <[e-mail]>
Sent: Monday, January 29, 2024 4:24 PM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: \[Non-DoD Source\] RE: SAW-2021-01704: Permit for Wetland Crossing for Septic Lines - Chamblee South

Thank you Matthew. So we are free to proceed with the proposed fill, as described on the attached plan for
these 2 lots?

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Monday, January 29, 2024 8:51 AM
To: Mike Kahm <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: RE: SAW-2021-01704: Permit for Wetland Crossing for Septic Lines - Chamblee South

Mike,

4

Based on the informa?on provided in your emails below, the above referenced project appears to be authorized under
Na?onwide Permit (NWP) 58 and does not require no?fica?on to the Corps. A?ached is a copy of the NWP 58 including
the applicable permit condi?ons. Please note that the project must be accomplished in strict accordance with these
condi?ons and your submi?ed descrip?on, and any viola?on of the condi?ons or devia?on from your submi?ed
descrip?on may subject the permi?ee to a stop work order, a restora?on order and/or appropriate legal ac?on. The
Ac?on Iden?fica?on Number for this project is SAW-2021-01704.

Please let me know if you have any ques?ons.

Matthew K. Martin, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mobile: [phone]
Email: [e-mail]

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://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.

From: Mike Kahm <[e-mail]>
Sent: Friday, January 26, 2024 5:55 PM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: \[Non-DoD Source\] FW: Permit for Wetland Crossing for Septic Lines - Chamblee South

Matthew,
Just checking to se if you have had a chance to review our request for wetland crossings at the Chamblee
subdivision in Johnston County, per our email request from last week, below and attached. Thanks.

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

From: Mike Kahm
Sent: Friday, January 19, 2024 3:56 PM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: RE: Permit for Wetland Crossing for Septic Lines - Chamblee South

Matthew,
5

We finally have a crossing plan prepared for Lots 48 and 49 at the Chamblee subdivision in Johnston County
to access the septic areas on those lots on the opposite side of the wetlands from the home site. Attached,
please find a plan illustrating the proposed crossings, which are 20’ wide and include a 15” RCP culvert under
each crossing to allow for continuity of flow within the wetland area. Note that the total proposed fill is 1,285
SF (490 SF + 795 SF) or 0.029 acres.

Please let us know if there is a specific Application form that needs to be completed or if you require any
additional information to consider this request. Thanks.

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Monday, October 2, 2023 12:00 PM
To: Mike Kahm <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: RE: Permit for Wetland Crossing for Septic Lines - Chamblee South

Mike,

That works. We can permit open trench. For this we should fall under a non-no?fying Na?onwide Permit (NWP) 58;
please review the general condi?ons of the permit so that you can build it in compliance. The non no?fying NWP 58 will
include the access, it will just need to be avoid and minimized to the maximum extent prac?cable. The phrase “Loss of
Waters” is defined in the NWP placed below and I bolded an important sec?on. For open trench you’re not going to be
considered a “loss” so those impacts will not count towards no?fica?on thresholds. If the access is above grade access
th
would be considered a loss, it appears that your access would fall bellow the 1/10 of an acre required for no?fica?on,
can you confirm that’s correct? If the access is proposed above grade a culvert would be required to maintain flows.

I put some of the relevant language for the NWP below.

No?fica?on: The permi?ee must submit a pre-construc?on no?fica?on to the district engineer prior to commencing the
ac?vity if: (1) a sec?on 10 permit is required; or (2) the discharge will result in the loss of greater than 1/10-acre of
waters of the United States. (See general condi?on 32.) (Authori?es: Sec?ons 10 and 404)

Access roads: This NWP authorizes the construc?on of access roads for the construc?on and maintenance of u?lity lines,
including u?lity line substa?ons, in non?dal waters of the United States, provided the ac?vity, in combina?on with all
other ac?vi?es included in one single and complete project, does not cause the loss of greater than 1/2-acre of non-?dal
waters of the United States. This NWP does not authorize discharges of dredged or fill material into non-?dal wetlands
adjacent to ?dal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below).
Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United
States and must be as near as possible to preconstruc?on contours and eleva?ons (e.g., at grade corduroy roads or
geotex?le/gravel roads). Access roads constructed above pre-construc?on contours and eleva?ons in waters of the
United States must be properly bridged or culverted to maintain surface flows.

6

Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling,
flooding, excava?on, or drainage because of the regulated ac?vity. The loss of stream bed includes the acres of stream
bed that are permanently adversely affected by filling or excava?on because of the regulated ac?vity. Permanent
adverse effects include permanent discharges of dredged or fill material that change an aqua?c area to dry land,
increase the bo?om eleva?on of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the
United States is a threshold measurement of the impact to jurisdic?onal waters or wetlands for determining whether a
project may qualify for an NWP; it is not a net threshold that is calculated a?er considering compensatory mi?ga?on
that may be used to offset losses of aqua?c func?ons and services. Waters of the United States temporarily filled,
flooded, excavated, or drained, but restored to pre-construc?on contours and eleva?ons a?er construc?on, are not
included in the measurement of loss of waters of the United States. Impacts resul?ng from ac?vi?es that do not
require Department of the Army authoriza?on, such as ac?vi?es eligible for exemp?ons under sec?on 404(f) of the
Clean Water Act, are not considered when calcula?ng the loss of waters of the United States.

Thanks,

Matthew K. Martin, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mobile: [phone]
Email: [e-mail]

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://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.

From: Mike Kahm <[e-mail]>
Sent: Monday, October 2, 2023 11:43 AM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: \[Non-DoD Source\] RE: Permit for Wetland Crossing for Septic Lines - Chamblee South

Matthew,
Sorry, I misunderstood. For the septic line install, you are correct. We would prefer open trench, if
possible. We are certainly open to whatever method the Corp might prefer.

Also, we wanted to see if we could also permit some kind of access across the wetland (48” wide) for the future
homeowners to access the septic fields for maintenance purposes.

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

7

From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Monday, October 2, 2023 11:33 AM
To: Mike Kahm <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: RE: Permit for Wetland Crossing for Septic Lines - Chamblee South

Sounds good. I read your email as not that we are aware of. This one should be straigh?orward. Ul?mately construc?on
method plays a role in the Corps involvement, do you know what construc?on method you’re planning to use. We have
seen sep?c line installed by open trench, HDD, and Aerial to name a few. Open trench appears to be the most popular.

Ma?

From: Mike Kahm <[e-mail]>
Sent: Monday, October 2, 2023 11:14 AM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: \[Non-DoD Source\] RE: Permit for Wetland Crossing for Septic Lines - Chamblee South

Matthew,
That we are aware of. We purchased the completed lots from the previous developer/builder, Gray Wolf.

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

From: Martin, Matthew K CIV (USA) <[e-mail]>
Sent: Monday, October 2, 2023 11:12 AM
To: Mike Kahm <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: RE: Permit for Wetland Crossing for Septic Lines - Chamblee South

Good Morning Mike,

Did your development need any permits from USACE up to this point?

Thanks,
Ma?

From: Mike Kahm <[e-mail]>
Sent: Monday, October 2, 2023 10:27 AM
To: Martin, Matthew K CIV (USA) <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: \[Non-DoD Source\] FW: Permit for Wetland Crossing for Septic Lines - Chamblee South
8

Matthew,
Per the email that was forwarded to you from Chris Hopper this morning, below, we wanted to see if we could
discuss the permitting of wetland crossings on two lots in the Chamblee South subdivision off Lassiter Road in
Johnston County to allow for access to the septic fields for both lots. Please let us know if you might have
some time to meet on site to discuss the conditions. Thanks.

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, October 2, 2023 8:41 AM
To: Mike Kahm <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: RE: Permit for Wetland Crossing for Septic Lines - Chamblee South

Thank you for the outreach, Mike. I’ve cc’d Mr. Ma?hew Mar?n with the USACE Raleigh Regulatory Field Office (new
Johnston County PM).

Best of luck with your project!

Christopher. D. Hopper
Team Leader / Wilmington District Liaison
Technical Regional Execution Center
US Army Corps of Engineers Savannah District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]

From: Mike Kahm <[e-mail]>
Sent: Friday, September 29, 2023 3:39 PM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Natascha Clark <[e-mail]>
Subject: \[Non-DoD Source\] Permit for Wetland Crossing for Septic Lines - Chamblee South

Chris,
You may recall that we discussed the possibility of septic line crossings of a wetland area on a lot with a
remote septic field location at a project in Johnston County named Beverly Place back in April of 2022. We did
not proceed with building on that lot but we have now acquired two lots in a different subdivision named
Chamblee South, located on Lassiter Road also in Johnston County, which have a similar condition. A snippet
from the recorded Plat for that subdivision is shown below that illustrates the two lots (Lots 48 and 49) and the
remote location of the septic fields separated from the house pads by a wetland that bisects the lots. A full
copy of the recorded Plat is attached for your reference.

9

We wanted to see what the process would be to obtain a permit for the septic line crossing through the wetland
for each lot, as well as some form of access across the wetland for the future homeowners to maintain the
septic areas. When you get a chance, could you please let us know what that process would entail? We
would be happy to meet on-site to discuss the specifics further if that would be
beneficial. Thanks.

Mike Kahm
Vice President Land Development
[e-mail]
[phone]
2520 Reliance Avenue
Apex, NC 27539

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.
10