20201813 Ver 1_COE COMMENT_20210212

Strickland, Bev
From: Roden Reynolds, Bryan K CIV (USA) < [e-mail] >
Sent: Thursday, February 11, 2021 1:33 PM
To: Perez, Douglas J
Cc: Johnson, Alan; Brandon Fulton, LSS, PSC, PWS
Subject: RE: [Non-DoD Source] RE: [External] RE: DWR 20-1813 and DWR 20-1814
Attachments: rainfall (2-9-21).pdf, delineation map.pdf
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Mr. Perez,
An Approved Jurisdictional Determination was issued for the approximate 55 acre proposed project area on 07/30/2020.
The Corps is confused about your flow regime assumption of the impacted stream. Based on the issued AJD, the
impacted portion of the stream (i.e., to the west of the wetland) was already considered intermittent. Please review the
attached delineation map and if you still have any questions, please reach out. In addition, I ran the Antecedent
Precipitation Tool for the date you visited the site and it was under wetter than normal conditions (see attached PDF);
whereas when the site was reviewed by the Corps it was under normal conditions and a portion of the stream channel
was considered ephemeral and excluded from Section 404 permitting. I would recommend you visit during the non -wet
season to view the site and conditions under normal circumstances.
The impacts associated with the road construction were permitted under Nationwide Permit 14 for permanent impacts
of 76 linear feet while the impacts associated with the residential development were permitted under Nationwide
Permit 29 of 292 linear feet. The PCN lacked any methodology such as NCSAM to determine currently quality of the
impacted stream features. Therefore, the Corps assumed the impacted features as high quality and determined the
compensatory mitigation accordingly (2:1). So the Corps required the following purchase of 736 linear feet of stream
credits for both projects combined (i.e., road = 152 linear feet of stream credit and 584 linear feet of stream credit).
Please let me know if you have any other questions or concerns.
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]
From: Perez, Douglas J <[e-mail]>
Sent: Wednesday, February 10, 2021 4:07 PM
To: Roden Reynolds, Bryan K CIV (USA) <Bryan.K.Roden [e-mail]>; Johnson, Alan
<[e-mail]>
Subject: RE: [Non-DoD Source] RE: [External] RE: DWR 20-1813 and DWR 20-1814

We were onsite on 02/09/2021.
From: Roden Reynolds, Bryan K CIV (USA) [maiIto: Bryan. K.Roden [e-mail]]
Sent: Wednesday, February 10, 2021 4:02 PM
To: Perez, Douglas J <[e-mail]>; Johnson, Alan <[e-mail]>
Subject: RE: [Non-DoD Source] RE: [External] RE: DWR 20-1813 and DWR 20-1814
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Alan and Doug,
Can you please provide me the specific date(s) you were onsite.
Thanks,
Bryan
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: "Perez, Douglas J" <doug_perez(c�r�,ncdenr.gov>
Date: 2/10/21 3:12 PM (GMT-05:00)
To: "Brandon Fulton, LSS, PSC, PWS" <BFultongecslimited com>, "Johnson, Alan"
<alan.johnsong cdenr.gov>
Cc: "Ron Johnson, PWS" <RGJohnsongecslimited.com>, "Roden Reynolds, Bryan K CIV (USA)"
<Bryan.K.RodenReynoIds gusace. army. mil>, Jonathan Dale Grubb <JGrubbgecslimited.com>
Subject: [Non-DoD Source] RE: [External] RE: DWR 20-1813 and DWR 20-1814
Hi Brandon,
As I stated yesterday, we went out to the site and had a few comments based upon what we saw.
First, we are still waiting on and requesting the information on how stormwater will be handled from both the BMP that
is currently there and the inlet from the street. Second, there really appears to be no effort put forth to show avoidance
and minimization of the impacts to the channel. We scored several sites along the channel and each time scored above
19 points. This indicates that the stream should have been classified as intermittent. Looking at your proposed site
plans, the building to the immediate right of the stream could easily be moved in order to avoid these impacts and
parking could be shifted elsewhere. Basically, the entirety of the watershed of this stream is being proposed to be paved
over for a parking lot. This would starve the downstream channel of its much needed hydrology. This will need to be
addressed, otherwise there is the distinct possibility of secondary impacts and mitigation for the loss of use of said
stream. Keep in mind, we are still on the timeclock with this application, so if you could get back to us as soon as
possible, we can avoid having to deny the application.
Thank you,
Doug Perez

From: Brandon Fulton, LSS, PSC, PWS [mailto:[e-mail]]
Sent: Wednesday, February 3, 2021 5:22 PM
To: Perez, Douglas J <[e-mail]>; Johnson, Alan <[e-mail]>
Cc: Ron Johnson, PWS <[e-mail]>; Bryan.K.Roden [e-mail]1; Jonathan Dale Grubb
<[e-mail]>
Subject: RE: [External] RE: DWR 20-1813 and DWR 20-1814
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Let us know when you plan on going; we are past budget on this one, and behind schedule from all the rain the past
week and a half. If Ron or I can make it we definitely will. The client/engineer are getting me maps for you shortly fyi.
Is there anything specific you're interested in with regards to the stream? The stream impacts will be fully mitigated
either way it goes. If you would like us to send you some site photos or data form(s) etc, we can do that as well if it'll
save you time.
BRANDON FULTON, LSS, PSC, PWS I Natural Resources Manager, Principal
ECS SOUTHEAST, LLP I T 704.525.5152 1 D 704.409.7744 1 C 704.968.5704
www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Perez, Douglas J <[e-mail]>
Sent: Wednesday, February 3, 2021 4:47 PM
To: Brandon Fulton, LSS, PSC, PWS <[e-mail]>; Johnson, Alan <[e-mail]>
Cc: Ron Johnson, PWS <[e-mail]>; Bryan.K.Roden [e-mail]1; Jonathan Dale Grubb
<JGrubb(@ecslimited.com>
Subject: RE: [External] RE: DWR 20-1813 and DWR 20-1814
Ok, thanks. So, do you want to be there when Alan and I walk the site?
Doug
From: Brandon Fulton, LSS, PSC, PWS [mailto:[e-mail]]
Sent: Wednesday, February 3, 2021 3:50 PM
To: Perez, Douglas J <[e-mail]>; Johnson, Alan <[e-mail]>
Cc: Ron Johnson, PWS <[e-mail]>; Bryan.K.Roden [e-mail]1; Jonathan Dale Grubb
<[e-mail]>
Subject: RE: [External] RE: DWR 20-1813 and DWR 20-1814
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Good afternoon Doug — I can definitely get you a plan that has the BMP's clearly depicted. I'll get that to you asap.
BRANDON FULTON, LSS, PSC, PWS I Natural Resources Manager, Principal
ECS SOUTHEAST, LLP I T 704.525.5152 1 D 704.409.7744 1 C 704.968.5704
www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.

From: Perez, Douglas J <[e-mail]>
Sent: Wednesday, February 3, 2021 3:38 PM
To: Brandon Fulton, LSS, PSC, PWS <[e-mail]>; Johnson, Alan <[e-mail]>
Cc: Ron Johnson, PWS <[e-mail]>; Bryan.K.Roden [e-mail]1; Jonathan Dale Grubb
<[e-mail]>
Subject: RE: [External] RE: DWR 20-1813 and DWR 20-1814
Hi Brandon,
If you could have the engineers clearly define the stormwater BMP's that would be most helpful to us, thanks. I would
still like to go out to the site and put eyes on the stream in question. If you can't spare the time, then I could always just
head out on my own.
Doug
From: Brandon Fulton, LSS, PSC, PWS [mailto:[e-mail]]
Sent: Monday, February 1, 2021 6:14 PM
To: Perez, Douglas J <[e-mail]>; Johnson, Alan <[e-mail]>
Cc: Ron Johnson, PWS <[e-mail]>; Bryan.K.Roden [e-mail]1; Jonathan Dale Grubb
<[e-mail]>
Subject: [External] RE: DWR 20-1813 and DWR 20-1814
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Good evening Doug and Alan, hope things are well with you and yours! I believe these are the two permit applications
(development and road) for Prosperity correct? I have added in Ron Johnson (Senior PM) who helped generate the
packages, and Jonathan Grubb who performed the field work.
I also cc'd Bryan in case he has any input.
The application was submitted as two separate projects, one for the proposed development, one for the road that will
be developed. The City of Charlotte has had this road on their transportation plan for a while, and it is proposed for the
connectivity of the area, not necessarily for the development, so it was determined by the USACE that the two projects
maintain independent utility; therefore, the USACE issued a 29 for the development and 14 for the roadway (attached).
The developer will be responsible for the construction of the road, the City (CDOT) will be take it over. The impacts for
the two projects were considered cumulative. The transportation plan was not included in the initial permit application
due to the size of the file; however, a link to it was provided. I can get you the file or the link if you need it.
The portion of stream proposed for impact was determined to be intermittent by the USACE; perennial as is exits the
wetland down grade. The proposed impact involves filling the stream for the development. The stream will also be filled
in the area of the road crossing instead of piped. Due to the grade/topography of the site, and the filling of the stream
for the development, it was determined that piping the stream wouldn't make sense, as there would be no flow coming
from upgrade where the stream was filled.
As for stormwater, there are stormwater SCM's proposed in the site plan, and these are depicted in the proposed site
plan. I can definitely have the engineers label the plans more clearly if that helps. The stormwater management plans
will be reviewed/approved by the City of Charlotte Stormwater Dep.
The site is in the area of Charlotte where the USACE is requiring mitigation for any and all impacts; additionally, there
are only credits available through the extended service area of DMS, so the client is essentially paying double the normal

mitigation credit amount. Although the projects were considered independent, the impacts were considered cumulative
by the USACE, and are being mitigated for as such. As part of review by the USACE, a sunflower survey was
requested/performed to ensure that no T&E species was impacted.
These two projects underwent pretty extensive review by the USACE and FWS, so our budgets have been more than
exhausted for some time. We'd be happy to get on a call and discuss if you have any further questions, and can provide
any updates or clarification you might need from a documentation standpoint. We are very limited on time with regards
to an additional site review.
Regards,
BRANDON FULTON, LSS, PSC, PWS I Natural Resources Manager, Principal
ECS SOUTHEAST, LLP I T 704.525.5152 1 D 704.409.7744 1 C 704.968.5704
www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Perez, Douglas J <[e-mail]>
Sent: Monday, February 1, 2021 10:58 AM
To: Brandon Fulton, LSS, PSC, PWS <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: DWR 20-1813 and DWR 20-1814
Hello Brandon,
Alan and I were looking over the PCN's for these projects and we both had concerns about them. It seems to us that the
proposal is just for paving over a stream with no real reasoning behind it. Secondly, there are no pictures of the stream
provided with the application. Thirdly, there are no BMP's proposed in the design. How are they going to handle all of
the stormwater? We also had some concerns about the breaking up of the project between a 14 and a 39. Basically, we
need to meet at the site to go over the project and walk the stream. When might you be available?
Doug Perez
DWR
Ilk Won of Wmer Resour-ces
Doug Perez— Environmental Specialist
NC Dept. of Environmental Quality (NCDEQ)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
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Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network
Daily Total
30-Day Rolling Total
30-Year Normal Range
IN
i
Jul Aug Sep
2020 2020 2020
Oct Nov
2020 2020
Coordinates
35.363486,-80.781956
Observation Date
2021-02-09
Elevation (ft)
793.05
Drought Index (PDSI)
Severe wetness (2021-01)
WebWIMP H2O Balance
Wet Season
Figure and tables made by the
Antecedent Precipitation Tool
Version 1.0
Written by Jason deters
U.S. Army Corps of Engineers
2020-12-11
Dec
2020
2021-01-10
2021-02-09
\A /
Jan Feb
2021 2021
Mar Apr
2021 2021
May Jun
2021 2021
30 Days Ending
301h %ile (in)
701" %ile (in)
Observed (in)
Wetness Condition
Condition Value
Month Weight
Product
2021-02-09
2.355906
3.668898
3.673228
Wet
3
3
9
2021-01-10
2.967717
4.190551
4.267717
Wet
3
2
6
2020-12-11
2.15
3.788976
7.929134
Wet
3
1
3
Result
Wetter than Normal - 18
Weather Station Name
Coordinates
Elevation (ft)
Distance (mi)
Elevation A
Weighted A
Days (Normal)
Days (Antecedent)
CONCORD
35.4111,-80.5833
700.131
11.664
92.919
6.332
11347
90
HUNTERSVILLE 0.6 ESE
35.4138,-80.8351
768.045
4.588
25.005
2.179
2
0
HUNTERSVILLE 2.8 SSW
35.3813,-80.8723
792.979
5.237
0.071
2.357
1
0
CONCORD 9.4 W
35.4315,-80.7419
655.84
5.213
137.21
3.061
1
0
HUNTERSVILLE 2.0 W
35.4177,-80.8801
748.032
6.678
45.018
3.306
1
0
HARRISBURG 0.8 S
35.3104,-80.6656
669.948
7.514
123.102
4.306
1
0

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