20180735 Ver 1_Request for Additional Information SAW-2016-01834_20180614

Strickland, Bev
From: Homewood, Sue
Sent: Thursday, June 14, 2018 9:02 AM
To: Michael Brame; Arnold Sykes
Cc: 'Bailey, David E CIV USARMY CESAW (US)'
Subject: RE: [External] DWR#20180735 - Request for Additional Information: Byers Ridge
Subdivision, Greensboro, Guilford Co.; SAW -2016-01834
Gentlemen,
Please provide DWR with a copy of your response to the items below. Please note that a detailed review of the
application will not be completed by DWR until the response is received.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bailey, David E CIV USARMY CESAW (US) [mai Ito: David. [e-mail]]
Sent: Friday, June 1, 2018 11:22 AM
To: Michael Brame <[e-mail]>; Arnold Sykes <[e-mail]>
Cc: Homewood, Sue <[e-mail]>
Subject: [External] Request for Additional Information: Byers Ridge Subdivision, Greensboro, Guilford Co.; SAW -2016-
01834
Messrs. Sykes and Brame,
Thank you for your PCN and attached information, dated 5/23/2018 (received 5/24/2018), for the above referenced
project. I have reviewed the information and need clarification before proceeding with verifying the use of Nationwide
Permit (NWP) 29 (http://saw-reg.usace.army.mil/NWP2017/2017NWP29.pdf). Please submit the requested information
below (via e-mail is fine):

1) The Chapel Ridge subdivision (Action ID: SAW -2005-21110) required a Corps authorization under NWP 39,
verified for use on 4/11/2006, for permanent impacts to 298 linear feet of stream and 0.499 acre of wetlands
necessary for two road crossings (see attached). Based on the information you provided, and per NWP 29
General Conditions 15 and 28, the Corps considers the proposed Byers Ridge development as part of the same
single and complete project as the Chapel Ridge subdivision (i.e. has no independent utility, relies on the
extension of a road [Chapel Ridge Dr.] that required Corps permits, same developer, etc.); as such the Corps
views the proposed wetland impacts as cumulative with those permitted for the Chapel Ridge subdivision. Since
the combined previously permitted and currently proposed wetland impacts exceed the 0.5 acre threshold
allowable for verification under NWP 29, we cannot verify the use of NWP 29 for the project as proposed.
Accordingly, you may:
a. Resubmit the PCN and plans for NWP 29 verification with the following changes:
i. Redesign the project to avoid impacts to wetlands/streams or reduce these impacts to fall below
the cumulative 0.5 acre/300 linear foot wetland/stream impact threshold, or;
ii. Redesign the development as a single and complete project, such that it has independent utility
(i.e. does not rely on access or infrastructure or share amenities with projects that required
previous Corps authorization, etc.
b. Pursue authorization through an Individual permit. If it is your intention to pursue an Individual Permit
(i.e. Standard Permit), the enclosed Individual Permit application (see also the attached instructions)
must be filled out completely and submitted to our office for processing;
2) Other items requiring additional information include the following:
a. Per NWP 29 General Condition 23(a & b), as well as the Clean Water Act section 404(b)(1) guidelines,
please provide additional information on how the project was designed and constructed to avoid and
minimize adverse effects to waters of the United States to the maximum extent practicable. The
proposed road as designed aligns with the largest extent of wetlands on site. Please redesign the project
to further avoid and minimize impacts to the wetland system, through changing the alignment. If this is
not practicable, please explain fully and in detail with respect to cost, logistics, and available technology.
b. Please specifically state how water would continue to flow to the proposed remaining wetland/stream
area. The Corps is concerned that the hydrology source for this wetland/stream would be removed from
the proposed project, thus indirectly removing aquatic functions from these resources;
c. Please provide the delineation information (i.e. delineation map, wetland/upland data forms, etc.) for
the portion of the project area that was not included in the Jurisdictional Determination dated
1/25/2017. If wetlands or other jurisdictional areas were identified during this delineation, show those
areas on the project plans. Note that the Corps may require an on-site meeting to verify the delineation
in this area.
Please provide the above information within 30 days of receipt of this Notification otherwise we may deny verification
of the use of the Nationwide Permit or consider your application withdrawn and close the file. If you choose to pursue
the project via an Individual Permit application (item 1b above), please notify us as soon as possible.
Please let me know if you have any questions.
-Dave Bailey
David E. Bailey, PWS
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], Ext. 30.

Fax: [phone]
Email: David. [e-mail]
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