20050732 Ver 06_Emails_20071101

RE: Briar Chapel
Subject: RE: Briar Chapel
From: "Matthews, Monte K SAW" <[e-mail]>
Date: Thu, 1 Nov 2007 15:44:32 -0400
To: "Ed Timoney" <[e-mail]>, "McCorcle, Justin P SAW"
<[e-mail]>, "Manuele, Jean B SAW"
<[e-mail]. army.mil>
CC: <[e-mail]>, <[e-mail]>, "Mitch Barron"
<[e-mail]>, "Jeff A Scouten" <[e-mail]>,
<[e-mail]>, <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>
I would think that you would have to satisfy the permit condition for that particular area.
From: Ed Timoney [mailto:[e-mail]]
Sent: Thursday, November O1, 2007 11:03 AM
To: Matthews, Monte K SAW; McCorcle, Justin P SAW; Manuele, Jean B SAW
Cc: [e-mail]; [e-mail]; Mitch Barron; Jeff A Scouten;
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject: RE: Briar Chapel
Monte,
Thanks for getting back to me quickly and authorizing us to have our contractor remove sediment by hand (ACOE
authorization only). we are coordinating with DWQ and Chatham County Erosion Control for their authorizations
as well.
According to your email we should be receiving the permit modification soon. Let me know if there is something
holding up the permit modification so that we can address it promptly. You are correct, we do not want to modify
the condition regarding the timing of conservation easements. We are continuing to work within the original permit
limits. This work includes the installation of culverts, backfilling, endwalls, road base, and stabilizing side slopes in
accordance with the authorization previously granted by the ACOE. This work will significantly improve the
condition of the impacted areas and reduce the potential for further erosion and sedimentation problems. Other
EC measures that may still be needed are outside of stream channels and buffers and will also help in this regard.
We will not conduct any work within the permit modification areas until we receive the permit modification and
have recorded the conservation easements over the impacted areas. Please clarify something for me. Do we
only need to place the conservation easement over the impact areas and then later record the easements on the
remaining length of steam at the time we close on the property?
Thanks,
Ed
From: Matthews, Monte K SAW [mailto:[e-mail]]
Sent: Thursday, November 01, 2007 10:04 AM
To: Ed Timoney; McCorcle, Justin P SAW; Manuele, Jean B SAW
Cc: [e-mail]; [e-mail]; Mitch Barron; Jeff A Scouten;
1 of 2 11/8/2007 3:55 PM

RE: Briar Chapel
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject: RE: Briar Chapel
Ed,
Thanks for the message below stating the EC update and the result of the recent storm. I'll have no problem with
hand removal of eroded sediment in the downstream reaches -please just send a message when this is complete
confirming that only recently eroded sediment was removed and all activities took place by hand. Please be aware
that this is the Corps' approval only -continue to coordinate with DWQ and Chatham County for complete agency
approval.
Your modification to the permit is currently under review by the Corps. Hopefully, it will be issued soon. Please be
aware that we assessed only the modification items within your letter of application (i.e. additional impacts and
slight alignment shifts). Since the receipt of the modification request other problems have become apparent,
predominately ownership of the land and commensurate preservation of aquatic features. Since we did not
receive a request to modify the permit condition dictating the timing of preservation related to impacts, this permit
condition will remain in effect as written within the original permit. Therefore, while the modification may allow the
additional impacts, the preservation condition will preclude construction in these areas until the permit conditions
are met. It may be necessary for Newland Communities to pursue additional sediment and erosion control
measures in the areas of modification that have been impacted until preservation is complete.
Monte
From: Ed Timoney [mailto:[e-mail]]
Sent: Tuesday, October 30, 2007 4:49 PM
To: Matthews, Monte K SAW
Cc: [e-mail]; [e-mail]; Mitch Barron; Jeff A Scouten;
[e-mail]; [e-mail]; [e-mail]
Subject: Briar Chapel
Monte,
As a result of the recent storm event there were three locations where the EC measures at Briar Chapel were overburdened by
the 5 inch rainfall and sediment was deposited in a nearby stream channels. The volume of material is minimal and can easily
be removed by hand. We are working to repair the EC measures but will not enter the stream channels until we have an
approved action plan. Our EC consultant Jake Taylor is coordinating directly with DWQ and Chatham County. Please call
me to discuss the appropriate action to take
Thanks,
Ed Timoney, PE
919-361-7000 (Voice)
919-818-1248 (Cell)
919-361-7011 (Fax)
etimoney@newlandcommunitie s. com
2 of 2 11/8/2007 3:55 PM

Fw: Briar Chapel
Subject: Fw: Briar Chapel
From: "[e-mail]" <[e-mail]>
Date: Fri, 19 Oct 2007 21:04:23 -0400 (EDT)
To: [e-mail]
FYI
----Original Message----
From: Monte.K.Matthews~~saw02.usace.army.mil
Date: Oct 19, 2007 16:02
To: "Ed Timoney"<etimoneyCnewlandcommunities.com>
Cc: "Jeff A Scouten"<jscouten~~newlandcommunities.com>, "Levitas, Steve"
<SLevitasckilpatrickstockton.com>, "Sean Clark"<sclark~sandec.com>,
"Sanchez, Mike"<sanchezC~johnrmcadams.com>, "McCorcle, Justin P SAW"
<Justin.P.McCorcleCsaw02.usace.army.mil>, "Manuele, Jean B SAW"<Jean.B.
Manuele~saw02.usace.army.mil>, "Bachl, Carolyn"
<CBachi~kilpatrickstockton.com>, <ian.mcmillan~?ncmail.net>
Subj: RE: Briar Chapel
Ed,
Thanks for the list of items needed to stabilize the site at Briar
Chapel in
Chatham County, North Carolina. As discussed, we can authorize
selected work
on a case-by-case basis if it will result in an overall benefit to the
environment. It is understood that all the work listed below falls
within
the original permit limits. Therefore, please accept this email as
confirmation from the Corps that the work items listed below can
proceed.
Please be aware that the work that we are allowing to be done is an
interim
corrective measure meant to temporarily stabilize areas which, if left
in
their current condition, might have an adverse effect on aquatic
resources.
We are aware that Newland/Briar Chapel, LLC does not own all of the
property
where these impacts are to occur. Please confirm that you have the
property
rights necessary to accomplish this temporary work. Additionally, to
the
extent that any of this work is not part of your issued permit, please
be
aware that it may need to be restored to pre-project conditions. It
will be
your responsibility to insure that you have the requisite property
interests
to bring all work into compliance with your permit and any issued
modification or restoration order. Also, please realize that the
permit
suspension is still applicable to any work within waters of the U.S.
not
listed below.
Call with any questions,
1 of 5 10/22/2007 11:39 AM

Fw: Briar Chapel
Monte Matthews
USACE
From: Ed Timoney [mailto:[e-mail]]
Sent: Wednesday, October 17, 2007 6:04 PM
To: Matthews, Monte K SAW
Cc: Jeff A Scouten; Levitas, Steve; Sean Clark; Sanchez, Mike;
McCorcle,
Justin P SAW; Manuele, Jean B SAW; Bachl, Carolyn
Subject: RE: Briar Chapel
glad to provide the additional info.
NNP-Briar Chapel, LLC owns the land that crossings M, A, B, C, and D
are on
and a conservation easement is recorded on the streams and buffers on
the
same land. Crossings F, G, H, and I are not on NNP-Briar Chapel, LLC
land
but we are working with the current land owner to record easements on
that
land. We currently have conservation easements on significantly more
stream
than we have impacted and I will get you a quantity as soon as
possible. For
now, to quantify it graphically please refer to the map of the entire
site in
the permit package. Conservation easements exist for the length of
Pokeberry
Creek from Crossing F east and south to the property limit, The
streams and
wetlands east of Pokeberry Creek to 15-501, on the property south of
Andrews
Store Road (the park), and on the two properties where the schools
will be
located just north of Andrews Store Road. Also, please consider that
all
offsite mitigation is complete and a conservation easement is recorded
there.
I hope this helps and as I said we can get total length of easement to
you,
but I ask that with these considerations we be allowed to proceed as
described in my previous email.
Thanks,
Ed
2 of 5 10/22/2007 11:39 AM

Fw: Briar Chapel
From: Matthews, Monte K SAW [mailto:Monte.K.Matthews~saw02.usace
mil]
Sent: Wednesday, October 17, 2007 4:08 PM
To: Ed Timoney
Cc: Jeff A Scouten; Levitas, Steve; Sean Clark; Sanchez, Mike;
McCorcle,
Justin P SAW; Manuele, Jean B SAW
Subject: RE: Briar Chapel
Ed,
Thanks for the list of items you wish to accomplish in order to
stabilize the
site.
Since our original discussion of this as an option, a few concerns
have
arisen pertaining to land ownership with respect to preservation of
aquatic
features. Could you help me with identifying which impact areas
stated below
(as well as those within the modification application) fall within
property
currently owned by Newland Communities? Also, if Newland owns these
crossings let me know if these impacts are currently compensated by an
existing preservation mechanism (per the permit condition).
As stated earlier, I hope to be able to authorize the type of work
stated
below in order to protect the environment. The above information
request
will help to expedite this approval.
Thanks, and call if you need additional information;
Monte
From: Ed Timoney [mailto:etimoney~~=:newlandcommunities.com]
Sent: Wednesday, October 17, 2007 1:02 PM
To: Matthews, Monte K SAW
Cc: Jeff A Scouten; Levitas, Steve; Sean Clark; Sanchez, Mike
Subject: Briar Chapel
Monte,
3 of 5 10/22/2007 11:39 AM

Fw: Briar Chapel
As we discussed previously in reference to Briar Chapel, I am
requesting the
ACOE allow our contractor to continue work in the areas where impacts
to
wetlands and streams were originally permitted and are now a part of
the
permit modification application. I have provided below a list of the
impact
areas as they are referenced in the existing permit and the requested
activity to restart. It is important that we restart this work so
that the
subject areas can be stabilized and down stream channels be protected
from
degradation as a result of potential erosion and sediment transport.
Stream Crossing
Proposed Activity
M, A, B, and D Finish minor grading of road shoulder to
stabilize side slopes, seed and mulch, and pave road. Remove erosion
control
(crossings complete) (temporary impact) upon approval of Chatham
County
Erosion Control inspector.
C (Pokeberry Bridge) Previously authorized to continue work.
F Construct culvert and backfill,
endwalls
(length is reduced from original permit but shifted slightly -see
submittal)
and rip-rap pad.
Rip rap will be constructed
within
original permit limits
G Finish constructing culvert to the
east
and backfill. Construct east endwall and rip-rap within original
permit
limits.
H Construct culvert and backfill, and
any
additional erosion control devices within original permit limits.
I
complete.
Culvert, backfill and endwalls
4 of 5 10/22/2007 11:39 AM

Fw: Briar Chapel
Allowing this work to proceed will improve the site conditions and
lessen the
risk for stream channel sedimentation from erosion and stream flow.
Thanks,
Ed
5 of 5 10/22/2007 11:39 AM