Re: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274 (DWR#20240054)

Baker, Caroline D
From: Chad Ponce <[e-mail]>
Sent: Thursday, March 7, 2024 4:15 PM
To: Wooten, Samantha
Subject: Re: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide
Permit 39: SAW-2022-0274 (DWR#20240054)
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Hi Samantha,
You can stop reviewing this 401. We do not need an individual 401 permit.
Thanks.,
Chad Ponce
Sent from my Verizon, Samsung Galaxy smartphone
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From: Wooten, Samantha <[e-mail]>
Sent: Thursday, March 7, 2024 2:25:38 PM
To: Chad Ponce <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DWR#20240054)
You're right on not needing one and it not hurting to have one, but I do need a firm "yes" or "no" to if you'd like me to
continue reviewing. If you don't want me to review then I won't look at anything else in your project (no holds, no add
info's, etc.), but if you want me to then there is a chance, I'll put the project on hold/add info after reviewing the
material.
Thanks!
From: Chad Ponce <[e-mail]>
Sent: Thursday, March 7, 2024 2:18 PM
To: Wooten, Samantha <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DWR#20240054)
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 Samantha,
The Corps said that he was able to keep pushing our 404 permit without the 401 after seeing your earlier emails.
So, technically we don't need a 401 but I don't see how it could hurt, so I was just going to keep letting the process
play out.
Thanks,

Chad
From: Wooten, Samantha <[e-mail]>
Sent: Thursday, March 7, 2024 1:29 PM
To: Chad Ponce <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DW R#20240054)
Hi Chad,
I wanted to check in on this as tomorrow is March 91n
Thanks!
From: Wooten, Samantha
Sent: Wednesday, February 28, 2024 10:56 AM
To: Chad Ponce <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DW R#20240054)
Sounds good! We have 60-days to prepare a response to your application once your fee has been paid. Since we've
already received your application and your fee, the review would be completed by March 9, 2024 (assuming there are
no additional information requests). If there are additional information requests, then the 60-day clock restarts upon
the receipt of your response to our additional information.
Thanks!
From: Chad Ponce <[e-mail]>
Sent: Tuesday, February 27, 2024 5:20 PM
To: Wooten, Samantha <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DW R#20240054)
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.
Samantha,
Thank you for the response. I am going to discuss with our team and with the Corps to determine what we need to do
next. If we continue with the Individual 401 permit, what would our timeline be?
Thanks,
Chad
From: Wooten, Samantha <[e-mail]>
Sent: Tuesday, February 27, 2024 4:54 PM
To: Chad Ponce <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DW R#20240054)

Hi Chad,
I've received your calls and voicemail about this project, and I apologize for not getting back to you sooner. You are
correctly interpreting that threshold. For GC4263 for NW39 under the General Certification Coverage (g) any high -
density project would have to hit all four thresholds to require a written 401 certification.
I've taken a quick look at your project and the 0.093 acres of permanent wetland impacts does not trigger a written
401 certification per (c) of GC4263. With that said, we can continue to review this project, or you can request to
withdrawyour application. If you request to withdrawyour application, there will not be a refund. Requestingto
withdraw is completely up to you if you feel confident that your project does not hit any of the activities listed in the
General Certification Coverage for GC4263 for NW39.
Please let me know if you have any questions and howyou'd like to proceed.
Thanks!
From: Chad Ponce <[e-mail]>
Sent: Friday, February 16, 2024 9:06 AM
To: Wooten, Samantha <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DW R#20240054)
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.
Hello Samantha,
Thank you for your help on this project.
I was under the impression that high density projects also had to have all of the following specifications to not be
covered (abbreviated): i. >1 acre disturbance, ii. Permanent impacts, iii. New built upon area, and iv. State -approved
local government stormwater plan. I believed that since there is a state -approved local government stormwater plan,
that an individual permit wasn't needed. Did I incorrectly interpret that?
Thanks,
Chad Ponce, PWS
Natural Resources Specialist
Bolton & Menk, Inc.
116 North Markley Street, Suite 101
Greenville, South Carolina 29601
Mobile: [phone]
Bolton-Menk.com
From: Morales, Kristina <[e-mail]>
Sent: Friday, February 16, 2024 7:59 AM
To: Chad Ponce <[e-mail]>; Wooten, Samantha <[e-mail]>
Cc: Bowers, Todd <[e-mail]>; Harmon, Richard G CIV SAW <[e-mail]>
Subject: RE: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
(DW R#20240054)

Hi Chad,
Your review is now being conducted by Samantha Wooten (copied on this email). She will look over the application
in her queue when she finishes the current permits she is working on. Please send all future correspondence to
her.
I did take a quick look at the application and the PCN indicates that this is NOT a low density project (F. 2. b).
According to the GC4263, item (g) states that any high density project is not covered so I believe your project
requires an Individual401 Water Quality Certification. You will not need to reapply as we already have your
application.
Thank you!
Kristina Morales, PhD (she/her/ella)
Environmental Specialist, DWR
North Carolina Department of Environmental Quality
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Office: 919.791.4258
kristina.moralesCcbdeq.nc.gov
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties..
From: Chad Ponce <[e-mail]>
Sent: Thursday, February 15, 2024 4:06 PM
To: Morales, Kristina <[e-mail]>
Cc: Bowers, Todd <[e-mail]>; Harmon, Richard G CIV SAW <[e-mail]>
Subject: [External] RE: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
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.
Hello Kristina,
This letter indicates that an Individual401 WQ Certificate is needed. My understanding is that we met the
requirements of Water Quality General Certification No. 4263, the state certification for NWP 39, and therefore did
not need an individual401 permit. Do I need to apply for an Individual401, including a 30-day pre -filing meeting
request?
The NCDEQ ID number for that project is 20240054, Version 1
Thanks,
Chad

From: Harmon, Richard G CIV SAW <[e-mail]>
Sent: Thursday, February 15, 2024 3:37 PM
To: Chad Ponce <[e-mail]>; [e-mail]
Cc: Bowers, Todd <[e-mail]>; Morales, Kristina <kristina.moral es@deg. nc.gov>
Subject: Timber Drive Retail - Wake County, NC: Provisional Nationwide Permit 39: SAW-2022-0274
Dear Mr. Matthews and Mr. Ponce
This correspondence is in response to a Pre -Construction Notification (PCN) received on 03 January 2024, and
considered complete on 04 January 2024. 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 Timber Drive Retail. The
activities in waters of the United States include the construct of a commercial/retail development on the east side of the
property as well as stormwater improvements to the entire property, including installation of a stormwater pond. Four
buildings, a pergola with a seat wall, pavement and parking are proposed. The Site is located at the southwest corner of
Timber Drive East and White Oak Road in Garner, Wake County, NC.
This letter is a provisional notification that your proposed project has been reviewed under NWP-39. 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-2022-01220. This correspondence has also been copied to
State and/or Federal agencies for their information. If you have any questions, please contact Dicky Harmon at 919-724-
8773, or by email at [e-mail].
Sincerely,
Dicky Harmon
Regulatory Specialist, Raleigh Field Office
U.S. Army Corps of Engineers — Wilmington District
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]

Email: [e-mail]
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.