20201177 Ver 1_Response to Notice of Incomplete PCN_20201027

Strickland, Bev
From: Mark Van Sickle < [e-mail] >
Sent: Friday, October 9, 2020 11:06 AM
To: lagnocco, Michael
Cc: Kotheimer, Joshua L.
Subject: RE: [External] RE: SAW-2020-01307_Unity Classical Academy - Response to Notice of
Incomplete Pre -Construction Notification
He was looking at the old PDF — I figured something was off somewhere.
Mark S. Van Sickle, PLA, LEED AP
Land Development Services
Associate
Little
615 South College Street, Suite 1600
Charlotte, NC 28202
704.561.3417 (t) 704.491.0345 (m) 704.561.8700 (f)
Littleonline.com I Explore I Linkedln I Instagram I Vimeo I Twitter
From: lagnocco, Michael <[e-mail]>
Sent: Friday, October 9, 2020 10:57 AM
To: Mark Van Sickle <[e-mail]>
Cc: Kotheimer, Joshua L. <[e-mail]>
Subject: RE: [External] RE: SAW-2020-01307—Unity Classical Academy - Response to Notice of Incomplete Pre -
Construction Notification
This email originated from outside of our organization, so don't click links or open attachments from any unknown sources.
My hero —thanks Mark!!
Have a great weekend — sounds like its well -deserved!!
Michael A. lagnocco, PWS
JILST) Y,
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�,*lf
STV Engineers, Inc.
michael.iagnoccoa-stvinc.com
Office: [phone] Mobile: [phone]
Direct: [phone]
Please consider the environment before printing this e-mail
1

From: Mark Van Sickle <[e-mail]>
Sent: Friday, October 9, 2020 10:53 AM
To: lagnocco, Michael <[e-mail]>; Johnson, Alan <[e-mail]>; Roden Reynolds,
Bryan K CIV (US) <Bryan.K.Roden [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
Im
Alan and I spoke and he is OK with what we are showing at this time. There is no longer a boulder drop structure at the
confluence of the channels and we have regraded the channel to make it a more consistent slope and have incorporated
6 boulder cross -vanes into the design.
I have attached the current exhibits again for your reference.
Pleas don't hesitate to contact me if you need any additional information or modifications to the design of the relocated
stream.
Have a great remainder of your Friday.
Mark
Mark S. Van Sickle, PLA, LEED AP
Land Development Services
Associate
Little
615 South College Street, Suite 1600
Charlotte, NC 28202
704.561.3417 (t) 704.491.0345 (m) 704.561.8700 (f)
Littleonline.com I Explore I Linkedln I Instagram I Vimeo I Twitter
From: lagnocco, Michael <[e-mail]>
Sent: Friday, October 9, 2020 9:59 AM
To: Johnson, Alan <[e-mail]>; Roden Reynolds, Bryan K CIV (US)
<Bryan.K.Roden [e-mail]>
Cc: Kotheimer, Joshua L. <[e-mail]>; 4020717 <[e-mail]>; Mark Van Sickle
<[e-mail]>
Subject: RE: [External] RE: SAW-2020-01307—Unity Classical Academy - Response to Notice of Incomplete Pre -
Construction Notification
This email originated from outside of our organization, so don't click links or open attachments from any unknown sources.
Hey Alan — hope you're well; I'm going to have Mark Van Sickle give you a call to discuss — he's handled the civil portion
of the work; the plan was regraded to eliminate the elevation drop at the confluence — please double check the station
numbers when you're reviewing the profile sheets; as far as additional monitoring requirements, fell free to add those
as conditions of the 401 and we'll build those into our plan; thanks

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: Johnson, Alan <[e-mail]>
Sent: Friday, October 9, 2020 9:27 AM
To: lagnocco, Michael <[e-mail]>; Roden Reynolds, Bryan K CIV (US)
<Bryan.K.Roden [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
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
3

610 East Center Ave., Suite 301, Mooresville, NC 28115
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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
<4020717@stvi nc.com>
Subject: [External] RE: SAW-2020-01307—Unity Classical Academy - Response to Notice of Incomplete Pre -Construction
Notification
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[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�t` .oQ
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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SAW-2020-01307; DWR #20201177
Unity Classical Academy
Response to Notice of Incomplete PCN
October 8, 2020
Stream Relocation Plan
Overview
The project will result in the initial loss of 170 linear feet of intermittent Stream A. The
project proposes to mitigate for this impact to 170 linear feet of intermittent Stream A
through a combination of an on -site stream relocation plan supplemented by a mitigation
payment to the NCDMS.
The existing stream is experiencing active channel downcutting and bank failures
throughout its length which also limits the streamside area interaction. The 170 linear
feet of intermittent channel will be relocated along the eastern border of the study area
within the City's required vegetated Zoning Buffer.
The project proposes relocating the 170 linear feet of Stream A and creating an additional
245 linear feet of headwater stream channel for a total of 415 linear feet of functionally
relocated channel; see exhibits prepared by LITTLE entitled Unity Classical Charter
School Stream Relocation, Bulletin Drawings 1 through 10. As indicated in the
drawings, the stream relocation grading plan has been designed to extend above the
current upper elevation of the existing stream allowing any existing groundwater to enter
the new channel. The grading and drainage have been carefully considered to help
maintain as much of the original drainage area as possible that contributed flow to the
intermittent stream. A sand filter will be utilized to treat the impervious run-off that will
be directed toward the upper reaches of the relocated intermittent stream — the sand filter
will be situated immediately north of the Arrival Drive as shown on Bulletin Drawing 1
of 10, entitled Stream Relocation Grading and Location. The drawdown time will help
extend the time stormwater will flow into the relocated portion of the stream as well as
the remainder of the existing stream. Stormwater will also be directed to the relocated
channel from the open field that has been incorporated into the campus immediately
north of the Arrival Drive; see Bulletin Drawing 1 of 10.
Retaining walls have been utilized to help minimize the stream impact and help with the
relocation of the stream; see Bulletin Drawing 9 of 10, Section A, which depicts a cross
section through the two proposed retaining walls. The area available to reconstruct the
stream falls within a Zoning Buffer and is limited in width, which creates some
limitations in terms of being able to construct more significant meanders. The stream
relocation is designed to mimic the sinuosity of the existing stream to the extent
practicable given these spatial constraints.
900 WEST TRADE STREET, SUITE 715
PROVIDING QUALITY SERVICE SINCE 1912 I CHARLOTTE, NORTH CAROLINA 28202-1144
[phone] FAX: [phone]

The relocated stream will be graded to incorporate shallow sloped banks to allow for
higher intensity storms to be less channelized and allow greater streamside interaction
which is an improvement over the incised condition of the existing stream. 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. Grade breaks comprised of six boulder cross -vanes have
been incorporated into the design of the relocated portion of the intermittent stream. One
of the boulder cross -vanes will be incorporated immediately upstream of the relocated
channel's confluence with the existing channel. The confluence point has been
specifically targeted to occur at a non jurisdictional swale that currently intersects the
existing channel. The locations of these in -stream structures are shown on Bulletin
Drawing 1 of 10 (plan view) as well as in the profile views presented in Bulletin
Drawings 2 thru 5. There is a 1/2-foot drop at each boulder cross -vane structure and then
an approximate 2.5-foot drop in the stream run until the next structure. The relocated
stream has been graded to facilitate a minimal change in elevation at the confluence with
the existing channel.
The six in -stream structures will provide grade control, maintain the thalweg in the center
of the channel, and provide a pool which will help to reduce flow velocities, reduce
stream bank scour and provide additional aquatic habitat; see Bulletin Drawing 6 of 10,
Boulder Cross -Vane Detail. Over time, sediment transport and deposition by the stream
flow will cover the crushed rock with material such as leaf litter and sediments. This
should help the relocated stream channel to mimic the conditions of the existing stream
channel and provide a benthic substrate suitable for macro invertebrates.
Coir fiber matting will be utilized for initial bank stabilization, in order to reduce erosion
and establish seeding faster; see Bulletin Drawing 1. In addition, a native riparian seed
mix will be utilized from the normal water level to one foot beyond the top of bank on
either side of the stream; the riparian see mix developed by the City of Charlotte will be
utilized. Riparian seed mix is typically applied in the fall or spring which should coincide
with the anticipated construction schedule. The relocated stream corridor will be
replanted with woody tree and shrub species following construction; see Bulletin
Drawings 7 and 8 of 10 (Planting Plan).
The combined elements of the grading plan and profile, along with the interception of
existing groundwater and post -construction drainage and planting plan will promote
stream stability, mitigate channel incising, improve streamside area interaction and offer
equal or improved stream function.
Construction will commence with an initial stage of clearing and mass grading and will
not initially include disturbance of the existing intermittent stream. The mass grading
will include the construction of the main BMP located south of existing/preserved
Wetland A, as well as smaller sediment traps and basins to contain erosion associated
with the grading. The second stage will include the grading of the relocated portion of
the stream and will allow for an early planting of this portion of the site to allow a greater

time frame for the plantings to start to become established prior to most of the site
development.
Planting Plan
An overview of the proposed planting plan for the relocated and preserved stream
corridor is presented on Bulletin Drawings 7 and 8, entitled Planting Plan Area A and
Planting Plan Area B, respectively).
Riparian Seed Mix:
• A native riparian seed mix will be utilized from the normal water level to one foot beyond
the top of bank on either side of the stream
• The riparian seed mix developed by the City of Charlotte will be utilized
• The riparian seed mix will be applied in the fall or spring which should coincide with the
anticipated construction schedule
• Seeds should be broadcast by hand or knapsack seeder using the proper seeding rate, and
carefully proportioned to cover the entire area; the seed will be covered with a light layer
of straw mulch following seeding
• Annual rye grass will be utilized to stabilize the area surrounding the tree and shrub
plantings.
Woody Plant Materials:
• After the planting substrate has been prepared, the relocated stream corridor will be
planted with woody species; tree selection will utilize species currently occurring in the
existing stream corridor/watershed and listed on the City's pre -approved planting list
• Planting densities for canopy trees will meet City criteria for buffer zone planting; trees
will be native and non-invasive and/or subject to disease; 12 trees will be planted per 100
If of stream corridor
• Anticipated canopy trees will include sweetgum, American beech, river birch, redbud, and
Eastern red cedar; tree planting sizes are as indicated on the Planting Plan
• Tree plantings will be supplemented with streamside shrub species, including silky
dogwood, ninebark, and witch hazel
• Trees and shrubs would preferably be planted in early to late spring (between April 1 and
June 15), or in the fall (September 15 to October 30).
Post -Construction Monitoring Plan
Monitoring and maintenance efforts for the stream relocation plan will take place over a
three year period commencing following completion of construction, activation of
hydrologic inputs, and planting/seeding.
• Site visits will occur twice a year (minimum)
• Two monitoring stations will be established
• NCSAM forms will be completed during each site visit

• Vegetative plots will be established and monitored; plant species, along with their
estimated relative frequency and percent cover will be documented
• Photo -documentation will be completed; at least one visit each year will occur during the
growing season
• A memorandum of findings will be prepared after each site visit
• An annual report will be prepared to include findings and observations made during the
annual site visits and specifying any needed remedial action
• The annual monitoring report will be provided to the U.S. Army Corps of Engineers and
NCDWR every year for each of the three years.
Determination of Success Criteria
The following success criteria have been established for the stream relocation plan:
• Planted species survivorship: At least 85% of the planted trees and shrubs along the
relocated stream corridor should be established and living by the end of the three year
monitoring period; plantings will meet or exceed an 85 percent survival rate by the end
of the second growing season - if this goal is not met, the site will be re-evaluated and
replanted as necessary (Note: if revegetation is failing due to herbivory, the wildlife
responsible need to be identified and appropriate damage control methods employed.
Possible methods include deer fencing, rabbit fencing, and use of repellents -this pest
control will need to be maintained as necessary throughout the three year monitoring
period
• Native species composition: At least 50% of the plants present should be non -weedy,
native, perennial species; invasive species will not constitute more than 10 percent of
the vegetative/streamside community; if this goal is exceeded, measures will be taken
to eradicate/hand-remove the invasive species
• Stream function: based on NCSAM, the relocated stream will score medium quality or
higher (Note: the lack of a wooded stream corridor may hinder the results of NCSAM
initially, however, its anticipated that the interaction of the stream with the streamside
area will work to offset that evaluation criteria)
• Stream stability: based on observations, the streambanks will be stable with little to no
erosion.
Long -Term Maintenance
It is envisioned that the stream relocation plan will afford an opportunity for an outdoor
classroom for the Unity Classical Academy high school students. It's further anticipated
that the students will `adopt' the stream corridor and provide long-term maintenance
activities, including invasive species removal.