20081213 Ver 1_Request for Withdrawal_20180308

Johnson, Alan
From:Jennifer Robertson <[e-mail]>
Sent:Wednesday, March 07, 2018 11:36 AM
To:Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US)
Cc:Johnson, Alan; Jones, M Scott (Scott) CIV USARMY CESAW (US); Milt Rhodes
Subject:\[External\] RE: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City
Entertainment District (Notice of Incomplete Application) (UNCLASSIFIED)
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>

David/Alan,
UCAM-1, LLC requests withdrawal of the NWP 18/33 application. No stream or wetland impacts will occur at this time.
We will be back in touch once we finalize and site plan and determine if additional stream or wetland impacts are
necessary.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte

-----Original Message-----
From: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US) <[e-mail]>
Sent: Wednesday, February 28, 2018 8:30 AM
To: Jennifer Robertson <[e-mail]>
Cc: Johnson, Alan <[e-mail]>; Jones, M Scott (Scott) CIV USARMY CESAW (US)
<[e-mail]>; Milt Rhodes <[e-mail]>
Subject: RE: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City Entertainment District (Notice of Incomplete
Application) (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED

Jennifer,

No problem. I would assume that compensatory mitigation would be required for the previous and current impacts. This
is not an official decision because the mitigation decision is made during the permit review. I don't believe the previous
crossing was mitigated. If that is the case, the previous mitigation decision was likely based on a Nationwide Permit and
those mitigation thresholds. The project purpose has changed and we now know this property is part of the larger
Crescent Belgate development. This development has exceeded impact limits under the NWPs and also the NWP
compensatory mitigation thresholds. The normal ratio for low quality perennial in the Piedmont is 1.5:1. I have seen the
stream and I think it is an appropriate ratio.

Sincerely,
1

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

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: Jennifer Robertson \[mailto:[e-mail]\]
Sent: Wednesday, February 28, 2018 7:47 AM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US) <[e-mail]>
Cc: Johnson, Alan <[e-mail]>; Jones, M Scott (Scott) CIV USARMY CESAW (US)
<[e-mail]>; Milt Rhodes <[e-mail]>
Subject: \[Non-DoD Source\] RE: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City Entertainment District
(Notice of Incomplete Application) (UNCLASSIFIED)

David,
Part of future project planning (from a design standpoint and cost standpoint) relates to stream impacts and mitigation
costs. We need to know if we will be required to mitigate for impacts that took place prior to Milt's company purchasing
the property. We also need to know if based on the SAM forms completed by CWS if mitigation for additional impacts
to the low quality perennial stream reach will be at a 1:1 ratio.

Alan,
Will DWR accept the mitigation required by the Corps?

Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, NC 28211
[phone] office
[phone] mobile
Blockedwww.atlasenvi.com
Offices in Asheville and Charlotte

-----Original Message-----
From: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US) \[mailto:[e-mail]\]
Sent: Tuesday, February 27, 2018 7:25 AM
To: Jennifer Robertson <[e-mail]>
Subject: RE: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City Entertainment District (Notice of Incomplete
Application) (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED

Jennifer,

2

I would have to look into this. I can do it when/if you request a formal interagency pre-app meeting for an IP.

Sincerely,

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

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
Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

-----Original Message-----
From: Jennifer Robertson \[mailto:[e-mail]\]
Sent: Thursday, February 22, 2018 2:40 PM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US) <[e-mail]>
Cc: 'Johnson, Alan NCDWR' <[e-mail]>; Storz, Patrick <[e-mail]>; Wilson, Jay
<[e-mail]>; Jones, M Scott (Scott) CIV USARMY CESAW (US) <[e-mail]>
Subject: \[Non-DoD Source\] RE: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City Entertainment District
(Notice of Incomplete Application) (UNCLASSIFIED)

David,
Thanks for the information. If additional permanent stream impacts are required for development of the property will
we be required to do mitigation only for the new stream impacts? It seems like Alan mentioned in a previous email that
mitigation was completed for the previous approvals. I have attached a stream assessment package that Carolina
Wetland Services did in December 2016. The top 291 linear feet of stream was assessed as low quality. The bottom 517
linear feet of stream was assessed as medium quality. What mitigation ratios will be required for the low quality reach
and medium quality reach?
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, NC 28211
[phone] office
[phone] mobile
BlockedBlockedwww.atlasenvi.com
Offices in Asheville and Charlotte

-----Original Message-----
From: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US) \[mailto:[e-mail]\]
Sent: Thursday, February 22, 2018 7:21 AM
To: Jennifer Robertson <[e-mail]>
Cc: 'Johnson, Alan NCDWR' <[e-mail]>; Storz, Patrick <[e-mail]>; Wilson, Jay
<[e-mail]>; Jones, M Scott (Scott) CIV USARMY CESAW (US) <[e-mail]>
Subject: RE: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City Entertainment District (Notice of Incomplete
Application) (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED
3

Hi Jennifer,

No. I do not believe they qualify for the NWP33 for the reasons listed below (reporting or not). NCDWR has the same
concerns. The regulations require that the project be designed and constructed in a way that avoids and minimizes
temporary and permanent impacts to waters. It doesn't make sense for a developer to open a business in the middle of
site development/grading and use the daily business operation as a reason for additional impacts to waters. That clearly
does not meet the permit condition. UCAM-1, LLC is part of Park Chevrolet which is one of the largest car dealers in
North Carolina. They are not new to site development.

Additionally, the plans you submitted are not clear in terms of where soil is being removed from and taken to. This
doesn't allow us to evaluate potential onsite alternatives to the discharge. The public is not currently utilizing this
section of Ikea Blvd and there appear to alternatives to the culvert including utilizing other roads or a portable bridge.
Attached is one potential alternative route. I think it is going to be difficult to avoid at least some conflict with their
dealership operations. A residential developer recently utilized a portable bridge on a similar stream for a large soil
balancing operation for a residential development in Denver, NC. This also seems like a reasonable onsite alternative.

Sincerely,

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

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
BlockedBlockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

-----Original Message-----
From: Jennifer Robertson \[mailto:[e-mail]\]
Sent: Thursday, February 22, 2018 6:30 AM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US) <[e-mail]>
Cc: 'Johnson, Alan NCDWR' <[e-mail]>; Storz, Patrick <[e-mail]>; Wilson, Jay
<[e-mail]>
Subject: \[Non-DoD Source\] RE: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City Entertainment District
(Notice of Incomplete Application) (UNCLASSIFIED)

David,
For clarification purposes will UCAM-1, LLC be able to install the temporary stream crossing without a Nationwide
Permit as long as we comply with the permit conditions?

I will be back in touch regarding the linear wetland impact that is currently needed for installation of the storm water
system. We will either have to push those pipes uphill to avoid the linear wetland or submit an IP for those impacts as
well as any permanent stream impacts that are required for site development.

Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, NC 28211
4

[phone] office
[phone] mobile
BlockedBlockedBlockedwww.atlasenvi.com
Offices in Asheville and Charlotte

-----Original Message-----
From: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (US) \[mailto:[e-mail]\]
Sent: Tuesday, February 20, 2018 8:51 AM
To: Jennifer Robertson <[e-mail]>
Cc: 'Johnson, Alan NCDWR' <[e-mail]>; Storz, Patrick <[e-mail]>; Wilson, Jay
<[e-mail]>
Subject: SAW-2008-02365-360 UCAM-1, LLC, Belgate/University City Entertainment District (Notice of Incomplete
Application) (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED

Jennifer,

On January 25, 2018 we received the application you submitted on behalf of UCAM-1, LLC to place fill material in 0.03
acre of wetlands and 40 linear feet of stream to facilitate the construction of a commercial development in Charlotte,
Mecklenburg County, North Carolina. I have completed my initial review of the application and I have determined that it
is incomplete. The following information is necessary to complete this application:

a. In accordance with 2017 Nationwide Permit general condition 23(a), the activity must be designed and constructed to
avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum
extent practicable at the project site (i.e., on site). It is unclear why the applicant designed and phased the project in a
way that necessitated additional adverse impacts to aquatic resource. Accordingly, a temporary road crossing permit
would not comply with general condition 23(a). The subject stream is relatively small and could easily be crossed using
alternative means that do not require a Corps permit (i.e. portable bridges). We have seen applicants successfully use
such bridges in this area for soil balancing. Please note, such temporary construction crossings don't normally require
notification to this office. However, non-reporting Nationwide Permits must meet all permit conditions to be used.

b. In accordance with 2017 Nationwide Permit general condition 32(b)(4), the project description should be sufficiently
detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no
more than minimal and to determine the need for compensatory mitigation or other mitigation measures. Sketches
should be provided when necessary to show that the activity complies with the terms of the NWP. The plans submitted
(C4.0) are illegible and do not contain details and cross sections showing the proposed fill and culvert designs. The plans
and PCN also do not show/explain the location of the proposed grading and filling that would necessitate the
construction of a temporary crossing.

Additionally, we have reviewed your request for a Nationwide Permit 18 and we have determined that the project does
not qualify for a Nationwide Permit because cumulative impacts associated with the Belgate shopping center have
cumulatively exceeded limits allowed by Nationwide Permits. Please submit an individual permit application for the
proposed impacts to waters of the United States.

Please provide the information requested above in ONE consolidated response within 30-days of the date of this
correspondence. If you do not respond within 30-days, the application will be administratively canceled. Please contact
me via telephone or e-mail if you have questions.

Sincerely,

5

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

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
BlockedBlockedBlockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

CLASSIFICATION: UNCLASSIFIED

CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED

CLASSIFICATION: UNCLASSIFIED

6