20240211 Ver 1_RE_ _External_ RE_ SAW-2024-00232 Keisler Drive Bank Stabilization_20240404

Baker, Caroline D
From: Eric Kulz <[e-mail]>
Sent: Thursday, April 4, 2024 1:49 PM
To: Capito, Rachel A CIV USARMY CESAW (USA); Myers, Joseph M
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
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Sounds good, thanks!!
From: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, April 4, 2024 1:46 PM
To: Eric Kulz <[e-mail]>; Myers, Joseph M <[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
We were waiting from a response from FWS before we issued. I should be getting that soon and a provisional will be
issued shortly after.
Thanks,
Rachel
From: Eric Kulz <[e-mail]>
Sent: Thursday, April 4, 2024 1:41 PM
To: Myers, Joseph M <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA)
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
I have not.
From: Myers, Joseph M <[e-mail]>
Sent: Thursday, April 4, 2024 1:39 PM
To: Eric Kulz <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Thanks Eric,
I'm hoping to wrap up my review sometime tomorrow. Have you received a provisional from the Corp?
Thanks,
Joe Myers
Environmental Specialist 11
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
Joseph. Myers deq.nc.gov

DE
kJ
Q /)
NOR I H CAROLINA -
Department of Environmental Quality
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Carolina Public Records Law and may be disclosed to third parties.
From: Eric Kulz <[e-mail]>
Sent: Thursday, April 4, 2024 8:52 AM
To: Myers, Joseph M <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA)
<[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
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Joe
We have not started the work yet.
The work is being conducted on Hawkeye property, but within a platted Cary sanitary sewer easement. The only
activity outside the easement is a temporary access path through the Hawkeye property through the buffer, but
that impact is Deemed Allowable (temp access less than 2,500 square feet).
From: Myers, Joseph M <[e-mail]>
Sent: Thursday, April 4, 2024 8:12 AM
To: Eric Kulz <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Hey Eric,
No worries at all, I hope you feel better. I do have two more items that need to be addressed.
1. Could you please clarify is Hawkeye Building Company is applying for the permit, or is the Town of Cary? If
it is Hawkeye, I will need you to provide me with a contact for the company and for you to please provide
me with their email address as well.
2. Reading the response, it sounds like you've already started the bank stabilization repairs. Is the repair work
complete, or is it still on -going? I just want to make sure I know the current status of the activity.
Thankyou,
Joe Myers
Environmental Specialist 11
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
Joseph. [e-mail]

ki;NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Eric Kulz <[e-mail]>
Sent: Thursday, April 4, 2024 7:52 AM
To: Myers, Joseph M <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA)
<[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
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Hi Joe:
See attached. Sorry I didn't get back with you sooner, I was out sick.
Please let me know if you have any questions.
From: Myers, Joseph M <][e-mail]>
Sent: Wednesday, April 3, 2024 8:31 AM
To: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>; Eric Kulz <[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Hi Eric and Rachel,
I am now beginning my review of this project and noticed that there was a reply to Rachel's request for additional
information which was sent on February 16t". Eric, could you please provide me with a copy of your response for
my files? I do not have any documents attached in this current thread so I cannot see your response. Also, has
there been any other correspondence/provisional issued/etc. since February? I just want to make sure I'm up to
speed.
Eric: Could you please clarify is Hawkeye Building Company is applying for the permit, or is the Town of Cary? If it
is Hawkeye, I will need you to provide me with a contact for the company and for you to please provide me with
their email address as well.
Thankyou both foryour time,
Joe Myers
Environmental Specialist 11
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
Joseph. Myers _ deq.nc.gov

NOH i H cnRoi wn DE
Department of Environmental Quality
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Carolina Public Records Law and may be disclosed to third parties.
From: Myers, Joseph M
Sent: Wednesday, February 28, 2024 1:56 PM
To: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>; Eric Kulz <[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Thankyou both for following up with me! I'll check back in once I've had a chance to review the Keisler Drive Bank
Stabilization project.
Thanks again,
Joe Myers
Environmental Specialist 11
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
Joseph. Myers deq.nc.gov
D ti; E
NOR I H CAROLINA -
Department of Environmental Duality
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Carolina Public Records Law and may be disclosed to third parties.
From: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, February 28, 2024 1:53 PM
To: Myers, Joseph M <[e-mail]>; Eric Kulz <[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
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.
Sorry Joe, the meeting is not related to this project, but more of a general ongoing discussion of potential projects in the
area. I don't think your presence is required, but Eric will reach out if there are future meetings if DWR is needed.
Thanks,
Rachel

From: Myers, Joseph M <[e-mail]>
Sent: Wednesday, February 28, 2024 1:35 PM
To: Eric Kulz <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Hi Eric and Rachel,
I'm looped into this project now. I wanted to check and see if anything was needed from me or if DWR was
requested in the proposed meeting? I've got about 10 projects ahead of this one, so I haven't had a chance to look
at anything yet.
Thanks,
Joe Myers
Environmental Specialist 11
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
[e-mail]
D- E
ka;
NOH i H CAPOLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Thomas, Zachary T <[e-mail]>
Sent: Wednesday, February 28, 2024 10:50 AM
To: Eric Kulz <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Cc: Myers, Joseph M <[e-mail]>
Subject: RE: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Hello,
Joe is reviewing this project in the RRO. I have cc'd him above.
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: Eric Kulz <[e-mail]>
Sent: Wednesday, February 28, 2024 9:43 AM
To: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: [External] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
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Great, thanks. Just making sure I got you everything.
While I have you, do any of these work for you for our meeting?
3/26 Mon @ 1:00
3/27 Tue @ 1:00
4/11 Thu @10:00
4/12 Fri @ 10:00 or 2:00
From: Capito, Rachel A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, February 28, 2024 9:40 AM
To: Eric Kulz <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Hi Eric,
I didn't need any additional information at this time. I am waiting to hear back from FWS so I'll let you know if there is
anything else we need.
Thanks,
Rachel
From: Eric Kulz <[e-mail]>
Sent: Wednesday, February 28, 2024 9:23 AM
To: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: [Non-DoD Source] RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Rachel:
Circling back on this project. Do you need any additional information?
I am working on addressing your questions regarding the Optimist Farm Road Water Line project as well.

From: Eric Kulz
Sent: Monday, February 19, 2024 9:31 AM
To: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: RE: SAW-2024-00232 Keisler Drive Bank Stabilization
Rachel
See attached response to your email.
As noted in the response letter and my phone message to you, Public Works is concerned about the potential for a
sewage release to Long Branch as a result of conditions at this site. I would appreciate the opportunity to discuss this
with you.
If you could give me a call at your convenience, I would appreciate it.
ThanksM
From: Capito, Rachel A CIV USARMY CESAW (USA)<[e-mail]>
Sent: Friday, February 16, 2024 11:01 AM
To: Eric Kulz <[e-mail]>
Subject: SAW-2024-00232 Keisler Drive Bank Stabilization
Thank you for your PCN, dated January 31, 2024, for the Keilser Drive Stabilization project. I have reviewed the
information and need additional information before proceeding with verifying the use of Nationwide Permit (NWP) 13.
Please submit the requested information below within 30 days of receipt of this notification, otherwise we will consider
your application withdrawn and close the file.
1. Has any of the work been completed to date? The Corps cannot simply issue after -the -fact permits because the
applicant wishes to do work quickly. If unauthorized activity has occurred the Corps could pursue a violation and
require the applicant to restore the area, potentially pay fines and apply for a permit. Other issues could arise
from what the Corps could potentially infer as willful and intentional discharge of fill to avoid going through the
permit process. Please be cautious with moving forward with similar type projects assuming that an after -the -
fact authorization would be authorized.
The Corps does issue "Emergency Permits". In those instances, you would need to provide information that the
situation would result in an unacceptable hazard to life, a significant loss of property, or an immediate
unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a
time period less than the normal time need to process the application under standard procedures.
2. Please provide a delineation map showing the extent of jurisdictional waters onsite (can be drawn on an aerial
map). Please label the feature and measure length and width from below the ordinary high water mark.
3. Please provide information that your project will not impact the following endangered species: Dwarf Wedge
Mussel, Atlantic Pigtoe, Carolina Madtom, Neuse River Waterdog, and Yellow Lance. Pleas be aware regardless if
activity has been completed coordination with US Fish and Wildlife Service will likely be required. Please provide
information about the habitat at the project location.
Please let me know if you have any additional questions.

Thanks,
Rachel
Rachel Capito
Regulatory Project Manager
Wilmington District
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
919.440.1823
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at:
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