HomeMy WebLinkAbout20201730 Ver 1_Notice of Incomplete PCN_20201228Strickland, Bev
From: Roden Reynolds, Bryan K CIV (USA) < Bryan.K.RodenReynolds@usace.army.mil >
Sent: Monday, December 28, 2020 9:38 AM
To: Perry Isner
Cc: Johnson, Alan; Hamstead, Byron A
Subject: [External] SAW-2020-02254_Villages at Creedmore (Notice of Incomplete Pre -
Construction Notification)
Attachments: ORM_Upload_Sheet_Consolidated_NWPR_20200626.xlsm
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Mr. Isner,
On December 18, 2020, we received the Pre -Construction Notification you submitted on behalf of LGI Homes NC, 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. Complete the Aquatic Resources Upload Spreadsheet (see attached excel spreadsheet) for all aquatic features
located within the proposed project area.
B. The PCN was not signed. In order for a PCN to be complete, it needs to be signed. Therefore, please revise
accordingly.
C. The construction drawings included in the PCN seemed to be sized wrong and cutoff portions of the drawings.
Therefore, please include a PDF set of construction drawings (ensure drawings are no larger than 11 x 17).
D. The PCN requests 88 linear feet associated with installation of imbedded riprap (i.e., dissipator pads). Stream
crossing 1 has 76 linear feet of culvert pipe and 44 linear feet of dissipator pads (i.e., 22 linear feet upstream and
22 linear feet downstream) and Stream crossing 2 has 20 linear feet of culvert pipe and 44 linear feet of
dissipator pads (i.e., 22 linear feet upstream and 22 linear feet downstream). Please provide further analysis as
to why upstream and downstream dissipator pads are over 20 linear feet, as we typically see and issue permits
with dissipator pads in exceed of 20 linear feet.
E. The PCN included a Threatened and Endangered Species Evaluation which stated suitable habitat for
Schweinitz's sunflower (i.e., right-of-ways, clearings, interspersed canopy openings, and edge habitats) existing
within the proposed project area. It also stated field surveys were conducted on November 6, 2020 (outside the
USFWS's recommended optimal survey windows). In this report it states "Additionally, a document provided by
the regional USFWS office identifies the Optimal Survey Window and number of years a survey is valid for plant
species with state and federal protections in North Carolina (Attachment D). The USFWS has indicated that
surveys conducted for federal threatened and endangered plants outside of the Optimal Survey Window are
insufficient, which has the potential to result in significant project delays if a federal permit is required." The
PCN lacked to include any USFWS letter to the applicant. Based on close proximity (less than 1 mile) of a known
occurrence of Schweinitz's sunflower and the stated observation of suitable habitat located within the proposed
project area; the Corps has initiation Section 7 consultation with USFWS.
F. The abandoned railway which abuts the southern border of the proposed project area is listed as the Piedmont
and Northern Railway Linear Historic District on the Natural Register of Historic Places and NCSHPO GIS layer.
Have you already consulted with NCSHPO and if so, can you please provide any correspondence from NCSHPO
associated with the proposed project.
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., targeted surveys during the optimal survey
window) with USFWS is resolved. Please ensure the Corps is CC'd on any correspondence between the
applicant/agent and the USFWS.
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.
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: (704)510-1440