20070191 Ver 1_USACE withdrawl_20161209

Strickland, Bev
From:Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US)
<[e-mail]>
Sent:Friday, December 09, 2016 1:34 PM
To:Paul Petitgout
Cc:Johnson, Alan; Homewood, Sue; [e-mail]
Subject:SAW-2015-01762 RE: Bryton Responses (NCDWR # 2007-0191 v3)
Paul,

If you recall, when you first called me about this project, I strongly suggested that you schedule a pre-application
meeting with our office and the North Carolina Division of Water Resources (NCDWR). You declined to do so and
submitted the initial IP application for Bryton Development about a week or two later. I later learned that you did not
submit this application to the state for the 401 water quality certification.

I expressed serious concerns about the quality of information submitted with the initial application and advised you to
withdraw the application, have a pre-application meeting with our office and NCDWR, and prepare a more detailed
permit application. You eventually agreed to withdraw the initial application. However, you only briefly met me at my
office to discuss the additions/modifications to the application and never followed up with an interagency meeting to
discuss the application. Furthermore, when you submitted the new application in July, you neglected to submit the
permit application to the state for the required 401 water quality certification. As you are aware, this certification is
required before I can issue the Corps Section 404 permit. It wasn't until after NCDWR sent you a letter (after receiving
our public notice) that you submitted the application for the 401 certification to NCDWR. After reviewing the
application, NCDWR submitted substantive concerns with onsite avoidance and minimization. I believe NCDWR has
raised good questions that 1) could have been asked in a pre-application meeting had you engaged our offices as I
requested 2) that would have avoided this lengthy permitting process and 3) must be answered to properly justify a
large extent of the proposed impacts.

Accordingly, I am withdrawing your request and recommending that you schedule a joint meeting with the state and our
office to address the concerns expressed by NCDWR and shared by our office. I will resume the review of the permit
application once their concerns are addressed to the satisfaction of both of our agencies.

Sincerely,

David L. Shaeffer
Project Manager/Geographer
U.S. Army Corps of Engineers
Charlotte Regulatory Satellite Office
Desk: 704-510-1437 Mobile: [phone]

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

-----Original Message-----
From: Homewood, Sue \[mailto:[e-mail]\]
Sent: Thursday, December 08, 2016 3:41 PM
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To: Paul Petitgout <[e-mail]>
Cc: Johnson, Alan <[e-mail]>; Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US)
<[e-mail]>
Subject: \[EXTERNAL\] RE: Bryton Responses (NCDWR # 2007-0191 v3)

Paul,

Alan, David and I had a chance to discuss this project today. We still have questions about the project and think that a
meeting would be the best way to facilitate our reviews. To that end, here are the dates in January that I am NOT
available to come to Charlotte for a meeting: 3-5, 10, 16. Since I’m coming from Winston I prefer a meeting that starts
not earlier than 10 am.

I’ll be sending out a letter stating that the project will be put on hold until we can have a meeting.

Thanks,

Sue Homewood

Division of Water Resources, Winston Salem Regional Office

Department of Environmental Quality

336 776 9693 office

336 813 1863 mobile

[e-mail]

450 W. Hanes Mill Rd, Suite 300

Winston Salem NC 27105

Email correspondence to and from this address is subject to the

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North Carolina Public Records Law and may be disclosed to third parties.

From: Paul Petitgout \[mailto:[e-mail]\]
Sent: Tuesday, November 08, 2016 4:25 PM
To: Homewood, Sue <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: Re: Bryton Responses (NCDWR # 2007-0191 v3)

Sue

I will send out tomorrow.

Thanks!!

Paul

Sent from my iPhone

Paul Petitgout

803-992-0910

On Nov 8, 2016, at 3:58 PM, Homewood, Sue <[e-mail] <mailto:[e-mail]> >
wrote:

Paul,

Thanks for the response. Can you send me a hard copy of this information directly please. My address is below.
I’ll let Alan decide if he’d like a hard copy sent to him also. You don’t need to send any to Raleigh.

Thanks,

Sue Homewood
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Division of Water Resources, Winston Salem Regional Office

Department of Environmental Quality

336 776 9693 office

336 813 1863 mobile

[e-mail] <mailto:[e-mail]>

450 W. Hanes Mill Rd, Suite 300

Winston Salem NC 27105

<image001.png>

Email correspondence to and from this address is subject to the

North Carolina Public Records Law and may be disclosed to third parties.

From: Paul Petitgout \[mailto:[e-mail]\]
Sent: Monday, November 07, 2016 8:27 PM
To: Homewood, Sue <[e-mail] <mailto:[e-mail]> >; Johnson, Alan
<[e-mail] <mailto:[e-mail]> >
Subject: Bryton Responses (NCDWR # 2007-0191 v3)

Sue:

Attached, please find our responses to NCDWR's Request for Additional Information. Please review and let me
know if you have any questions or need any additional information. I will follow up with a call tomorrow to make sure
that you have received this email and also to check and see if you would like me to place the two hard copies in the mail
to Raleigh.

Thank you for your time and efforts on our project!!

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Paul

--

S. Paul Petitgout

President/Managing Member

Lowrys Environmental & Ecological Services, LLC

1823 Quinn Road

Chester, South Carolina 29706

Phone: [phone]

Email: [e-mail] <mailto:[e-mail]>

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