20211827 Ver 1_DWR Email Approval of Plan - Soils_20240220

Baker, Caroline D
From: Thomas, Zachary T
Sent: Tuesday, February 20, 2024 4:22 PM
To: Lauren Norris -Heflin; [e-mail]
Cc: 'Nick Meagher'; 'Brad Williford'; Myers, Joseph M; David Duncan; Alston Willard;
Emory Quillian; Tallis Donnelly; Kate Hefner
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina
jurisdiction, DWR #20211827, SAW-2019-02335 - SELF REPORT
Attachments: 2024.02.13_Bexford Soils_.pdf
Hi Lauren,
It appears Lyle's email may have had a spelling error on the 12/15/23 email that got carried over to the 2/13/24 email,
so I have added the attachment to this reply.
I will defer to any comments from the USACE regarding wetland soils. Pending any additional recommendation or
comments, this appears to be an acceptable plan for DWR as long as the plants are monitored/replaced if survivor rates
are not met.
If you have any questions, 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
1628 Mail Service Center
Raleigh, NC 27699-1628
E Q>
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Lauren Norris -Heflin <[e-mail]>
Sent: Friday, February 16, 2024 1:51 PM
To: Thomas, Zachary T <[e-mail]>; [e-mail]
Cc: 'Nick Meagher'<[e-mail]>;'Brad Williford' <[e-mail]>; Myers, Joseph M
<[e-mail]>; David Duncan <[e-mail]>; Alston Willard
<[e-mail]>; Emory Quillian <[e-mail]>; Tallis Donnelly
<[e-mail]>; Kate Hefner <[e-mail]>
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211827,
SAW-2019-02335 - SELF REPORT
Importance: High

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Good afternoon Lyle and Zach,
Checking in on this, please advise as soon as feasible if the below plan is acceptable.
Thank you,
Lauren Norris -Heflin, PWS (she/her)
Environmental Project Manager
Office: 919.866.4943 1 Cell: 919.607.1723
To send me files greater than 20MB click here.
From: Lauren Norris -Heflin <[e-mail]>
Sent: Tuesday, February 13, 2024 12:04 PM
To: Thomas, Zachary T <zachary.thomas@deg. nc.gov>; [e-mail]
Cc: Nick Meagher <[e-mail]>; 'Brad Williford' <[e-mail]>; Myers, Joseph M
<joseph.myers@deg. nc.gov>; David Duncan <[e-mail]>; Alston Willard
<[e-mail]>; Emory Quillian <[e-mail]>; Tallis Donnelly
<[e-mail]>; Kate Hefner <[e-mail]>
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211827,
SAW-2019-02335 - SELF REPORT
Importance: High
Good morning Zach and Lyle,
Prior to planting the woody species, we checked the soils on -site. A few points did not technically meet hydric soil
indicators, point 1(northern portion of the former SCM), point 4 (just west of the remediated stream), and point 5 (near
the utility ROW).
Point 5 is in an area that did not have soil fill placement and only vegetation disturbance, so appears to be natural soil.
We do not have pre -disturbance data for any of the points, but all seem to have components of what was previously
present. Further, all points appear to have enough loam and water table intrusion to form wetland soils over time.
We therefore recommend proceeding with the proposed planting without further soil modification. These areas will be
closely observed during the required yearly monitoring for if plant survivability does not meet standards.
Can you confirm you are ok with this plan?
Planting is ready to proceed ASAP, and we want to ensure we get them in during the appropriate window.
Thank you,
Lauren Norris -Heflin, PWS (she/her)
Environmental Project Manager

Office: 919.866.4943 1 Cell: 919.607.1723
Tir- ONS GROUP
!.*4GIMEERII#G• I QESIGW I 7ECHH@l4GY
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From: Brad Williford <[e-mail]>
Sent: Friday, December 15, 2023 12:20 PM
To: Thomas, Zachary T <[e-mail]>; [e-mail]; Lauren Norris -Heflin
<[e-mail]>
Cc: ML Mueller <[e-mail]>; Nick Meagher <[e-mail]>; Jason Rivenbark
<JasonRiven [e-mail]>; Myers, Joseph M <ioseph.myers@deg. nc.gov>; Morales, Kristina
<[e-mail]>; Manuel, Vanessa <[e-mail]>; Kate Hefner
<[e-mail]>; David Duncan <[e-mail]>; Alston Willard
<[e-mail]>; Summers, Kimberly M <[e-mail]>; [e-mail];
David Murphy <[e-mail]>; Shawna E Avila <[e-mail]>; Doug Arends
<[e-mail]>; Candice R Raber <[e-mail]>; Patrick J Williams
<[e-mail]>; John W Pierce <[e-mail]>; [e-mail]
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211827,
SAW-2019-02335 - SELF REPORT
Good afternoon, Zach and Lyle.
We wanted to provide you with an update on the status of remediation. Our sitework contractor has completed
removal of the mis-placed sediment basin #13 and installed it in the correct location, grading of the area to pre -
construction conditions, re -alignment of the stream channel per Bateman Civil Survey topography data, and
stabilization. The area remains contained with silt fence as it was during our site visit.
Regarding completing the remainder of the restoration per the details of the approved plan, it was our assumption that
our sitework contractor would also perform the final restoration. However, upon approval of this remediation plan and
their review, they respectfully declined to attempt to complete this work due to the intricate details associated with this
remediation. A restoration of this size is not their forte. We've since requested quotes and schedules from specialty
restoration contractors, and we will be contracting this work early January. We will then complete the remaining
restoration per plan and have all plantings installed by the end of March.
Let us know if you have any and questions, and I hope you all have a great weekend.
Brad Williford
Director of Land Development — Carolinas East Division
[phone]
From: Thomas, Zachary T <[e-mail]>
Sent: Monday, November 20, 2023 3:44 PM
To: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>; Lauren Norris -Heflin
<[e-mail]>
Cc: ML Mueller <[e-mail]>; Nick Meagher <[e-mail]>; Brad Williford
<[e-mail]>; Jason Rivenbark <JasonRiven [e-mail]>; Myers, Joseph M
<ioseph.myers@deg. nc.gov>; Morales, Kristina <[e-mail]>; Manuel, Vanessa
<[e-mail]>; Kate Hefner <[e-mail]>; David Duncan
<[e-mail]>; Alston Willard <[e-mail]>; Summers, Kimberly M
<[e-mail]>; [e-mail]; David Murphy <[e-mail]>; Shawna E

Avila <[e-mail]>; Doug Arends <[e-mail]>; Candice R Raber
<[e-mail]>; Patrick J Williams <[e-mail]>; John W Pierce
<[e-mail]>; [e-mail]
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211827,
SAW-2019-02335 - SELF REPORT
[External]
Good Afternoon,
DWR has also reviewed the information provided in your 11/16/23 email to resolve permit non-compliance for the
Bexford Project (DWR#20211827) and hereby approves the proposed restoration plan.
If you have nay questions, 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
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 parties.
From: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>
Sent: Monday, November 20, 2023 9:49 AM
To: Lauren Norris -Heflin <[e-mail]>; Thomas, Zachary T <zachary.thomas@deg. nc.gov>
Cc: ML Mueller <[e-mail]>; Nick Meagher <[e-mail]>; Brad Williford
<[e-mail]>; Jason Rivenbark <JasonRiven [e-mail]>; Myers, Joseph M
<joseph.myers@deg. nc.gov>; Morales, Kristina <[e-mail]>; Manuel, Vanessa
<[e-mail]>; Kate Hefner <[e-mail]>; David Duncan
<[e-mail]>; Alston Willard <[e-mail]>; Summers, Kimberly M
<[e-mail]>; [e-mail]; David Murphy <[e-mail]>; Shawna E
Avila <[e-mail]>; Doug Arends <[e-mail]>; Candice R Raber
<[e-mail]>; Patrick J Williams <[e-mail]>; John W Pierce
<[e-mail]>; [e-mail]
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211827,
SAW-2019-02335 - SELF REPORT
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.

ALCON,
The Corps has reviewed the provided information and approves the proposed plan to resolve the permit non-
compliance for the above referenced project. Please proceed.
Let me know if you have any questions.
Lyle Phillips
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: George. [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this
site and complete the survey.
From: Lauren Norris -Heflin <[e-mail]>
Sent: Thursday, November 16, 2023 12:35 PM
To: 'Thomas, Zachary T' <zachary.thomas@deg. nc.gov>; Phillips, George L CIV USARMY CESAW (USA)
<George.L.Phil [e-mail]>
Cc: ML Mueller <[e-mail]>; Nick Meagher <[e-mail]>; Brad Williford
<[e-mail]>; Jason Rivenbark <JasonRiven [e-mail]>; Myers, Joseph M
<joseph.myers@deg. nc.gov>; Morales, Kristina <[e-mail]>; Manuel, Vanessa
<[e-mail]>; Kate Hefner <[e-mail]>; David Duncan
<[e-mail]>; Alston Willard <[e-mail]>; Summers, Kimberly M
<[e-mail]>; [e-mail]; David Murphy <[e-mail]>; Shawna E
Avila <[e-mail]>; Doug Arends <[e-mail]>; Candice R Raber
<[e-mail]>; Patrick J Williams <[e-mail]>; John W Pierce
<[e-mail]>; [e-mail]
Subject: [Non-DoD Source] RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction,
DWR #20211827, SAW-2019-02335 - SELF REPORT
Good afternoon Zach and Lyle,
On behalf of our client, please find attached the response to the below request to address non-compliance
requirements and provide a remediation plan.
We would like to request your review and timely approval to proceed with this remediation plan. Please don't hesitate
to reach out if you have any questions.
Thank you,
Lauren Norris -Heflin, PWS (she/her)
Environmental Project Manager
Office: 919.866.4943 1 Cell: 919.607.1723

•
TGr ONS GROUP
1.#IGIMEER1#4r. I @BSIGW I 7ECHH@l4GY
To send me files greater than 20MB click here.
From: Thomas, Zachary T <zachary.thomas@deg. nc.gov>
Sent: Wednesday, November 1, 2023 10:13 AM
To: ML Mueller <[e-mail]>; George. L.Phil [e-mail]1; Summers, Kimberly M
<[e-mail]>; [e-mail]; David Murphy <[e-mail]>; Shawna E
Avila <[e-mail]>; Doug Arends <[e-mail]>; Candice R Raber
<[e-mail]>; Patrick J Williams <[e-mail]>; John W Pierce
<[e-mail]>; Jason Rivenbark <JasonRiven [e-mail]>; Brad Williford
<[e-mail]>; Nick Meagher <[e-mail]>; Lauren Norris -Heflin <Lauren.Norris-
[e-mail]>;[e-mail]
Cc: Myers, Joseph M <joseph.myers@deg. nc.gov>; Morales, Kristina <[e-mail]>; Manuel, Vanessa
<[e-mail]>
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211837,
SAW-2019-02335 - SELF REPORT
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Afternoon,
Thank you again for taking the time to meet with us for the site visit on 10/19/23 for DWR# 20211827 - Bexford
Subdivision 401 certification.
Per your self -report notification received by the Division (via email) on 9/14/23 and the subsequent site visit referenced
above to discuss the incorrectly installed sediment basin (#13), this site is considered out of compliance with the
parameters listed in the issued 401 and Buffer Authorization.
DWR is requiring a response to this notification of non-compliance that addresses the following:
1. The incorrectly installed Sediment Basin #13 must be removed from the wetland, stream, and riparian buffer
areas.
The impacted areas must be restored to natural conditions. The wetland and stream features must be restored
to natural grade and profile. Please ensure that design and plans are provided to both DWR and USACE for
approval. The riparian buffer area must be restored using native plant species and meet all criteria under the
Neuse Riparian Buffer Rules (15A NCAC 02B .0714). A restoration plan should be provided to DWR as part of
your response that includes a monitoring plan for the wetland, stream, and buffers plantings for 3 years (if
deemed appropriate, DWR can shorten the length of time required for monitoring).
3. Please provide an impact map that depicts:
a. The unauthorized impact total to the wetland (acres)
b. The unauthorized impact total to the stream channel (linear feet)
c. The unauthorized impact total to the riparian buffer area (square feet)
4. As part of your plans, please include any temporary impacts that will occur during the construction process
(pump arounds, etc.) and clearly indicate the access path for equipment.

5. As part of your plans, please include an anticipated date that construction will begin and end.
Please provide a response (including photo documentation) and remediation plans within 30 days of this notification. If
you have any questions, 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
1628 Mail Service Center
Raleigh, NC 27699-1628
E Q>
Email corresponGLNLL to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: ML Mueller <[e-mail]>
Sent: Thursday, September 14, 2023 10:55 AM
To: Vinson, Scott <[e-mail]>
Cc: George. L.Phi Ili [e-mail]; Summers, Kimberly M <[e-mail]>; jdwells@fuquay-
varina.org; Thomas, Zachary T <zachary.thomas@deg. nc.gov>; David Murphy <[e-mail]>; Shawna E
Avila <[e-mail]>; Doug Arends <[e-mail]>; Candice R Raber
<[e-mail]>; Patrick J Williams <[e-mail]>; John W Pierce
<[e-mail]>; Jason Rivenbark <JasonRiven [e-mail]>; Brad Williford
<[e-mail]>; Nick Meagher <[e-mail]>; Lauren Norris -Heflin <Lauren.Norris-
[e-mail]>;[e-mail]
Subject: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211837, SAW-
2019-02335 - SELF REPORT
Importance: High
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.
Dear Mr. Vinson,
Good morning. My name is ML Mueller, and I am the Division President of the Carolinas East Division of Forestar, a
residential development company. We are the owner and developer of "Bexford — Open Space Subdivision," located in
the Fuquay-Varina jurisdiction, under Section 401 Permit DWR #20211837 and Section 404 Permit #SAW-2019-02335.
The purpose of this email and the attached letter is to notify you that we recently discovered and confirmed within the
last 24 hours that temporary Sediment Basin #13 was incorrectly installed past the approved limits of
disturbance. Surveying completed this morning appears to verify the encroachment. The impacts appear within
jurisdictional wetlands and the stream situated NNW of the planned temporary Sediment Basin #13 location.

Matted diversions divert surface water to the basin, and the current E&SC controls appear to address surface waters
from the site sufficiently. In the interim, no further disturbances will occur outside the LOD, and we are moving forward
with re -installing the basin and adjacent silt fence in the approved locations.
We have engaged our engineering, surveying, permitting, and SWPPP consultants to develop a detailed report
describing the amount of area impacted and a remediation plan, and we will send the report as soon as possible for
review and comment.
Please feel free to call me or email if you have any questions or recommendations, would like photos, or wish to meet
on -site.
A copy of the attached letter has also been sent to you by USPS-certified mail with the return receipt requested.
Best —
RH
ML Mueller
Division President, Carolinas East
8041 Arco Corporate Dr., #110
Raleigh, NC 27617
F H r ,'r
c: 919-624-5930
Fnractar_rnm
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.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.