20201177 Ver 1_FINAL Response to Notice of Incomplete PCN_20201027

Strickland, Bev
From: lagnocco, Michael <[e-mail]>
Sent: Tuesday, October 27, 2020 3:45 PM
To: Johnson, Alan
Cc: Kotheimer, Joshua L.; 4020717
Subject: RE: [External] RE: SAW-2020-01307_Unity Classical Academy - Response to Notice of
Incomplete Pre -Construction Notification
Attachments: RE: [External] RE: SAW-2020-01307_Unity Classical Academy - Response to Notice of
Incomplete Pre -Construction Notification; SAW-2020-01307 Stream Relocation
Plan.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
lllo'[e-mail]
Hey Alan — recall that you spoke to Mark Van Sickle from Little (site civil) regarding the grading plan/profile and my
understanding was that you were satisfied with the conversation (Mark resent the plans to you — see attached email
recapping your conversation); the updated project description calls out an underdrain which you had previously
recommended —see 2nd sentence page 2 of the stream relocation plan (attached for convenience); the stream relocation
plan includes a detailed monitoring plan — it calls for two visits a year — if you'd prefer we monitor after the 15Y three
bankfull events, please make that a condition of the 401 as this plan has already been approved by the Corps — thanks.
Michael A. lagnocco, PWS
xmll_�_�142
STV Engineers, Inc.
michael.iagnoccoa-stvinc.com
Office: [phone] Mobile: [phone]
Direct: [phone]
Please consider the environment before printing this e-mail
From: Johnson, Alan <[e-mail]>
Sent: Tuesday, October 27, 2020 3:15 PM
To: lagnocco, Michael <[e-mail]>
Cc: Kotheimer, Joshua L. <[e-mail]>; 4020717 <[e-mail]>
Subject: RE: [External] RE: SAW-2020-01307—Unity Classical Academy - Response to Notice of Incomplete Pre -
Construction Notification

I think this has all been taken care of, however I have several projects set to the side awaiting
response. So just for clarity, take a look at my email below and clarify. 1) the smooth change
in elevation over the length of the new channel 2) monitoring an issue 3) 1 believe you stated
a French drain for the filled channel.
Thanks
DWR
Division of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Johnson, Alan
Sent: Friday, October 9, 2020 9:27 AM
To: lagnocco, Michael <[e-mail]>; Roden Reynolds, Bryan K CIV (US)
<[e-mail]>
Cc: Kotheimer, Joshua L. <[e-mail]>; 4020717 <[e-mail]>
Subject: RE: [External] RE: SAW-2020-01307—Unity Classical Academy - Response to Notice of Incomplete Pre -
Construction Notification
I asked earlier about the drop down to the confluence of the existing channel. It appears there
are 7 steps w/I an 2 ft elevation grade change.
Up gradient in the channel the drops are spaced approximately 30 ft apart. Would it be more
appropriate to shorten these spacing to provide a less dramatic step down at confluence of
the new and existing channel
Monitoring should include following the first 3 bankfull bench events. To catch any early
failure following construction
Alan
PKI

DVVR
Division of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax:[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: lagnocco, Michael [mailto:[e-mail]]
Sent: Thursday, October 8, 2020 3:51 PM
To: Roden Reynolds, Bryan K CIV (US) <[e-mail]>
Cc: Johnson, Alan <[e-mail]>; Kotheimer, Joshua L. <[e-mail]>; 4020717
<4020717C@stvi nc.com>
Subject: [External] RE: SAW-2020-01307—Unity Classical Academy - Response to Notice of Incomplete Pre -Construction
Notification
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[e-mail]
Hey Bryan — hope you're doing well; attached is a consolidated response to your comments received SEP 16, 2020; 1
trust that based on our subsequent conversation that we've adequately addressed your comments; please see the
attached file entitled SAW-2020-01307 Response to Notice of Incomplete PCN; In summary, the compensatory mitigation
plan now consists of a payment to NCDMS as well as the on -site stream relocation plan; we've provided a commitment
letter from NCDMS as well as a stand-alone stream relocation plan that includes a planting plan, monitoring plan, and
success criteria; we're also providing confirmation of concurrence on T&E issues from FWS; please let me know if you
have any comments on what we're providing; we appreciate your ongoing attention to this project.
DWR #20201177
Hey Alan — hope you are also doing well; I also trust that the revised grading plan associated with the stream relocation
plan has addressed your previous concerns regarding the originally proposed change in elevation at the confluence with
the existing stream — the grading plan/relocated stream profile was revised to include a nearly at -grade confluence with
the existing channel; in addition, the stream relocation plan includes the following statement— "An underdrain will be
installed along the portion of the stream being impacted to help minimize the risk associated with ground water
degrading the sub surface under the proposed site improvements" - this has been added to address your previous
comment regarding the 170 If section of stream to be filled.
Michael A. lagnocco, PWS

STV Engineers, Inc.
michael.iagnoccoa-stvinc.com
Office: [phone] Mobile: [phone]
Direct: [phone]
Please consider the environment before printing this e-mail
From: Roden Reynolds, Bryan K CIV (US) <Bryan.K.Roden [e-mail]>
Sent: Wednesday, September 16, 2020 4:10 PM
To: Iagnocco, Michael <[e-mail]>
Cc: Johnson, Alan <[e-mail]>; [e-mail]
Subject: SAW-2020-01307_Unity Classical Academy (Notice of Incomplete Pre -Construction Notification)
Importance: High
Mr. Iagnocco,
On September 10, 2020, we received the Pre -Construction Notification you submitted on behalf of Performance Charter
School Development, LLC on a property located in Mecklenburg County, North Carolina. I have completed my initial
review of the report and I have determined that it is incomplete. The following information is necessary before I will
issue a determination:
a. The project proposes permanent stream impacts (i.e. 170 linear feet) which result in the loss of waters
occurring within the HUC 103. Any loss of waters, in this HUC specifically, have been and will likely continue
to require compensatory mitigation. This watershed is highly urban and has a long history of intensive land
uses which has resulted in long-term degradation to aquatic resources. In addition, there are currently no
private mitigation banks or in -lieu fee sites with credits available to offset losses of aquatic function from
private development in this watershed. Therefore, stream credits are purchased through the Expanded
Service Area which generally result in the doubling of the determined compensatory mitigation. For
example, impacting 170 linear feet of a medium quality stream would result in a compensatory mitigation
ratio of 1.75:1; but would be doubled to 3.25:1 for HUC 103. The PCN proposed onsite stream restoration
which has potential to reduce or eliminate the double requirement for this HUC but onsite stream
restoration will not negate compensatory mitigation entirely. Therefore, please provide a Compensatory
Mitigation Plan for the 170 linear feet of stream impacts.
b. The PCN lacked confirmation from NCDMS for the purchase of compensatory mitigation credits to offset the
permanent loss of waters from the project. Therefore, please include a Compensatory Mitigation
Reservation Letter from NCDMS for the permanent stream impacts in the revised PCN.
c. The PCN contained a letter from USFWS (dated August 19, 2020) which stated "Service records show historic
occurrences for the federally endangered Schweinitz's sunflower in the project vicinity and suitable habitat
may be present within the action area for this species. Suitable habitat may also occur onsite for the
federally endangered Michaux's sumac and smooth coneflower. To ensure that these species are not
inadvertently lost and to inform a prudent effect determination form the appropriate action agency,

targeted botanical surveys should be conducted during the optimal window where project -mediated
impacts may alter its suitable habitats within the action area." Based on this letter, the Corps will initial
consultation with USFWS for the previously mentioned species and will not be able to make an effects
determination until the USFWS has the recommended information for them to make their determination.
Therefore, please conduct the USFWS recommended targeted botanical surveys where project -mediated
impacts may alter suitable habitat for Schweinitz's sunflower, Michaux's sumac, and smooth coneflower
during the optimal survey window and provide this survey and results to the USFWS.
d. The PCN lacked a Stream Restoration Plan which includes sufficient detail to analyze the proposed onsite
stream enhancement activities. A Stream Restoration Plan would include but not limited to: 1) a narrative
write-up on the approach for the site; 2). Post -construction monitoring activities; 3). Success criteria; 4).
Planting lists and timing; 5). Etc. As stated in Nationwide Permit 27, "The NWP authorizes the relocation of
non -tidal waters, including non -tidal wetlands and streams, on the project site provided there are net
increases in aquatic resources functions and services"; however, the Corps is concerned that the proposed
stream restorations activities would not provide aquatic uplift from the current conditions onsite (i.e.,
Stream A is rated as medium by NCSAM). In Bulletin Drawing Sheet 1, Stream A goes from a meandering,
sinuous channel to a straightened channel (170 linear feet) and the slight bend in the "new portion of
stream (245 linear feet)" with boulder cross vanes. In order to demonstrate aquatic uplift from the stream
restoration activities, NCSAM would need to be conducted on the new stream (415 linear feet) to determine
its quality (i.e., this evaluation of stream quality would likely need to be conducted multiple times for
multiple years during post construction monitoring activities). Since the existing Stream A rated at medium
quality, the new stream would need to rate at medium to high quality to demonstrate aquatic uplift. Based
on the current proposal, the Corps is not confident the stream would rate at medium or high because nearly
half of the new stream in a straight line ditch, there would be no to a very limited wooded buffer, loss of
sinuosity, etc.
PLEASE NOTE:
The Corps is unable to make an effects determination, meet the requirements of the Endangered Species Act,
and move forward with the NWP authorization until the issue (i.e., target surveys during the optimal survey
window) with the USFWS is resolved. Please ensure the Corps is CC'd on any email transactions between the
applicant/agent and the USFWS.
The current rate schedules for a linear foot of stream channel is $558.81. This project could have a
compensatory mitigation bill ranging from $166,245.98 (170 linear feet at 1.75:1) to $308,742.53 (170 linear feet
at 3.25:1). This information can be found at the following link (https://deg.nc.gov/about/divisions/mitigation-
services/dms-customers/fee-schedules)
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 request will be administratively canceled. Please
contact me via telephone or e-mail if you have any questions. You may also consider withdrawing your current
PCN which would allow you additional time to satisfy all the above additional information requests. A revised
PCN can be resubmitted at a later date which addresses all these issues.
Thanks,
Bryan Roden -Reynolds, PWS
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Office: [phone]

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