20200887 Ver 2_More Info Requested_20240319

Baker, Caroline D
From: Pitner, Andrew
Sent: Tuesday, March 19, 2024 3:06 PM
To: Daniel Kuefler
Cc: Heath Caldwell
Subject: RE: [External] Re: Question about permit modification
Attachments: 20200887 Ver 2-Public Notice_20240223.pdf, 20200887 Ver 2-Fee Request Email_
20240223.pdf
My understanding via Sue Homewood is that we have to go through the process of modifyingthe 401 when there
are additional impacts. It looks like 20200887 is currently in public notice through 3/25. In addition, if appears
that the fee still needs to be paid (see attachments).
Andrew
Andrew H. Pitner, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources
Department of Environmental Quality
704 235 2180 direct office
704 663 1699 MRO main line
704 663 6040 fax
DWR website: http://www.ncwater.org
610 East Center Avenue, Suite 301, Mooresville, NC 28115
— - 7:�
D7 E
NC)Fi I H C:AIiOLINA
Department of Environmental Quality
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Carolina Public Records Law and may be disclosed to third parties.
From: Daniel Kuefler <[e-mail]>
Sent: Tuesday, March 19, 2024 2:10 PM
To: Pitner, Andrew <[e-mail]>
Cc: Heath Caldwell <[e-mail]>
Subject: Re: [External] Re: Question about permit modification
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Hi Andrew,
I'm sorry to pester you about this, but our clients have requested that we check in again.
Per my last email - USACE has decided that the required modifications needed to bring the site into
compliance are very minor and so therefore no written update to our current 404 approval is required.
Can you please confirm whether this would also hold true for the 401, or if we are still waiting on an
updated 401 to name/itemize the additional minor impacts?
Thankyou,
Daniel
On Thu, Mar 7, 2024 at 11:41 AM Daniel Kuefler <daniel.kuefler(a)wetlands-e .com> wrote:
Andrew,
In a surprising turn of events, the Corps has made a decision that the permit modification is not required
and has simply noted the minor changes to their administrative record. Would this mean that you would
similarly maintain the existing 401, or would you still need to re -issue an updated 401 based on updated
impacts.
Please see the email attached and advise. (Note that the updated PCN was previously submitted
through the ePCN portal and the fee paid, so if indeed an updated 401 needs to be issued then the
process has already been initiated).
Thanks,
Daniel
On Fri, Jan 19, 2024 at 3:31 PM Pitner, Andrew <andrew.pitner _ deq.nc.gov> wrote:
I did get to speak with Sue and a modification submittal is in order. When you do submit, make sure to highlight
that this is a minor modification of an existing project.
Andrew
Andrew Pitner, P.G. - Andrew. Pitner(ancdenr.aov
Division of Water Resources - Water Quality Regional Operations
Mooresville Regional Office (MRO)
North Carolina Department of Environment & Natural Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
MRO Main Phone: [phone]

Direct Office Phone: [phone]
MRO Fax: [phone]
DWR website:.http://www.ncwater.org
NOTICE: Email correspondence to and from this address is subject to the North Carolina Public Records Law and may
be disclosed to third parties unless the content is exempt by statute or other regulation.
From: Daniel Kuefler <[e-mail]>
Sent: Thursday, January 18, 2024 2:29 PM
To: Pitner, Andrew <[e-mail]>
Cc: Heath Caldwell <[e-mail]>
Subject: [External] Re: Question about permit modification
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Hi Andrew,
Just want to check in on this to see if you've been able to connect with Sue and/or have any more
thoughts on what your process would be to update the 401. Please let me know and give me a shout if
you need any more info/details from our end.
Thanks,
Daniel
On Wed, Jan 10, 2024 at 2:00 PM Daniel Kuefler <daniel.kueflerCa)wetlands-e .com> wrote:
Hi Andrew,
Sorry to be a squeaky wheel on this one but the clients have told us they have an imminent sale of the
project to an end user and are very concerned with having an understanding of what will be required to
wrap up the site and bring the permitting paperwork and site work all into compliance. Let me know if I
can do anything to help.

Thanks,
Daniel
On Fri, Jan 5, 2024 at 4:20 PM Daniel Kuefler <daniel.kueflerCa)wetlands-e .com> wrote:
Andrew,
I hope you enjoyed a great holiday season and are staying well! I wanted to follow up with you
regarding a site we spoke about prior to the holidays.
Essentially, our question is: would it be possible to update a 401 approval without going through a full
resubmittal and review process? The scenario is:
We were recently asked to do a compliance inspection on this site and subsequently discovered that
there were some additional unavoidable/indirect stream and wetland impacts. Specifically, in one
area a springbox was originally proposed to maintain hydrology to a small stream section and
wetland behind a retaining wall. Our understanding is that no spring was found and so the stream
and wetland have lost hydrology. Ironically under the current rules, these isolated features would
likely not be considered jurisdictional.
We spoke with Doug at USACE and he said he is willing to issue a modified 404 permit without a full
re -review. He will charge mitigation for the additional stream impacts since the threshold has already
been eclipsed.
DWR #20-0887
SAW-2020-00946
Additional impacts include 5 LF of Stream G, and 0.03 ac for Wetland H. The rest of the project has
been installed as permitted. I have attached the plans with updated impact tables here.

Please let me know your thoughts on this and feel free to call anytime if you'd like to review and
discuss any details.
Thanks very much,
Daniel
Daniel Kuefler, PWS
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetLands-epg.com
336.554.2728
Daniel Kuefler, PWS
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetLands-epg.com
336.554.2728

Daniel Kuefler, PWS
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetLands-epg.com
336.554.2728
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.
Daniel Kuefler, PWS
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetLands-epg.com
336.554.2728
Daniel Kuefler, PWS
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetLands-epg.com
336.554.2728