20190814 Ver 2_USACE More Info Requested_20210519

Strickland, Bev
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, May 19, 2021 10:45 AM
To: [e-mail]; [e-mail];
Homewood, Sue
Cc: Hopper, Christopher D CIV (USA)
Subject: [External] Request for Additional Information: SAW-2018-01810 (The Point at Elon /
Fixed Point Homes / Shallowford Church Road / Elon / Alamance County / residential)
Attachments: 20200817 Countersigned MrT form.pdf
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All,
Thank you for your PCN, dated 4/19/2021, for the above referenced project. I have reviewed the information and need
clarification before proceeding with verifying the use of Nationwide Permit (NWP) 29 and 18 (https://saw-
reg.usace.army.mil/NWP2021/NWP29.pdf and https://saw-reg.usace.army.mil/NWP2017/2017NWP18.pdf). Please
submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we
may deny verification of the use of the Nationwide Permit or consider your application withdrawn and close the file:
1) Please confirm the point of contact (POC) for the applicant (The Point at Elon, LLC). The PCN lists Mr. Paul Holst
as the POC, although I have an email from the previous consultant stating that Mr. Matt Quint is the POC;
2) Per the previous NWP 29/18 verification dated 3/18/2020, this project would result in the indirect reduction in
wetland function via partial loss of hydrology to an additional 0.2 acre of riparian non-riverine wetlands (see
Sheet No. EX-2 included in NWP 29/18 verification). However, these impacts were not included on the most
recently submitted PCN or plans. Please include these indirect impacts for the record;
3) Please note that a total of 0.968 riparian non-riverine wetland credits were debited from NCDMS for this project
per the attached Compensatory Mitigation Responsibility Transfer Form dated 8/17/2020. Unless a refund has
been subsequently secured from NCDMS, these 0.968 riparian non-riverine wetland credits will count towards
any new compensatory mitigation requirement;
4) Sheets C-404 and C-407 appear to show that the invert of the culvert carrying the main flow (Channel Culvert)
will be buried between 2 and 3' below the existing stream bed rather than 1' below the stream bed as stated on
text in the PCN and on Sheet C-404. Please correct this discrepancy.
5) Wetland Impact C appears to divert any flow from Wetland A2000 (as labeled on the PJD) via a "clean water
diversion" ditch into the main stream channel just upstream of the proposed culvert Stream Impact F. We are
concerned about this plan change for the following reasons:
a. The previous NWP 29/18 verification (see Sheet No. 407 included in NWP 29/18 verification) included a
42" culvert under the road to connect the future disconnected segments of Wetland A2000 and provide
more natural wetland connectivity. Can the current plan be revised accordingly? Note that, as currently
proposed, the portion of Wetland A2000 upstream of the Wetland Impact C could potentially lose
jurisdictional status under the Navigable Waters Protection Rule, and may therefore be considered a
loss of waters;
b. The placement of a "clean water diversion" ditch perpendicularly through the graded floodplain bench
to be constructed at the head of the floodplain culvert could result in erosion of the floodplain bench,
1

given the drainage area of the portion of Wetland A2000. If item 4a can be addressed, how would the
floodplain bench remain stable while receiving this perpendicular flow, particularly during period of high
rainfall?
6) Portions of the proposed retaining wall just southeast of Wetland Impact C are within only a few feet of the
edge of Wetland A2000. It is unclear how wetland impacts (even temporary ones) would be avoided curing
construction of this retaining wall. If temporary wetland impacts are required, please updated the PCN and plans
accordingly. Please also include a wetland restoration plan for all proposed temporary wetland impacts.
North Carolina Division of Water Resources (NCDWR): After review of the submitted PCN for the above referenced
project, and the Nationwide Permit 29 Water Quality General Certification (GC) No. 4256, dated December 18, 2020
(https://saw-reg.usace.army.mil/NWP2021/NWP29 StateWQC.pdf), it appears that an individual 401 water quality
certification (WQC) is required from the NCDWR for the proposed activities. The PCN provided the 9 required elements
for an individual WQC, and constitutes the Corps initial receipt of the 401 WQC application. The reasonable period of
time (RPOT) for you to act on this WQC request is 120 calendar days from the date of the complete 401 request. Unless
NCDWR is granted a time review extension, a waiver will be deemed to occur if you do not act on this request for
certification within the RPOT. The date upon which the waiver will occur if you do not act on the certification is
8/17/2021.
Applicant/Consultant: Please note, should we finalize our review prior to receiving the 401 WQC, you will receive a
provisional general permit verification from the Corps. Once a 401 WQC is issued or waived by the NCDWR, the Corps
will provide you with a final general permit verification. Your proposed work shall not commence until after the 401
WQC has been issued or waived AND until a final general permit verification has been provided to you. Please let me
know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office: [phone], Ext. 30.
Mobile: [phone]
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: RaleighNCREG
Sent: Monday, April 19, 2021 12:28 PM
To: [e-mail]
Cc: Hopper, Christopher D CIV (USA) <[e-mail]>; Thames, Joyce A CIV USARMY CESAW
(USA) <[e-mail]>
Subject: SAW-2018-01810 (The Point at Elon / Fixed Point Homes / Shallowford Church Road / Elon / Alamance County /
residential)
2

Good Afternoon
We have received your Pre -Construction Notification (PCN) NWP request for the above project and forwarded it to Mr.
Christopher Hopper for further processing.
Thank you,
Josephine Schaffer
3

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: The Point at Elon, LLC (Attn: Matt Quint) Action ID: SAW-2018-01810
Project Name: The Point at Elon / Fixed Point Homes / Shallowford Church Road / Elon / Alamance Co. County: Alamance
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*:
8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.384
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements:
8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.968
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name: NCDMS
Name of Sponsor's Authorized Representative: Kelly Williams
Aeli-ittlw
17 August 2020
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2
Form Updated 31 January, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation
responsibility, dated 6/16/2020, was provided by the Permittee.
• This revised Compensatory Mitigation Responsibility Transfer Form was issued per the permittee's emailed request dated
6/22/2020.
• The wetland credits required correspond to 0.384 acre of direct permanent impacts at a 2:1, and 0.2 acre of indirect
partial loss of wetland function impacts at 1:1.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite
105, Wake Forest, NC 27587 (or by email to [e-mail] or [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager:
USACE Field Office:
Email:
David Bailey
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[e-mail]
Date: 2020.06.29
10:07:12-04'00'
June 29, 2020
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
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 our website at http://regulatorv.usacesurvev.com/ to complete the survey online.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Paul Holst
The Point at Elon, LLC
3907 North Elm Street
Greensboro,NC 27455
Project: Shallowford (The Point at Elon)
County: Alamance
401 permit#: 2019-0814
404 permit#: 2018-01810
DMS ID#: MR-07257
Amount Paid: $50,601.23
Check Number: 10011
NORTH CAROLINA
Environmental Quality
RECEIPT
August 17, 2020
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for
the above -referenced project. This receipt serves as notification that your compensatory mitigation
requirements assigned to DMS associated with the authorized activity as specified below have been satisfied.
You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the
compensatory mitigation requirements indicated below associated with the project permit and agrees to
provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS
is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument
dated July 28, 2010.
Mitigation Location
Mitigation Type
Credits
Cape Fear 03030002
Riparian Wetland
0.968
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must
be submitted in accordance with the Division's refund policy. If you have any questions or need additional
information, please contact Kelly.Williams©ncdenr.gov.
Sincerely,
FOR Tim Baumgartner
Director
cc: Todd Tugwell, USACE - Raleigh; David Bailey, USACE
Perry Isner, agent
D_EC)"?.)
NORTH CAROLINA
Department of Environmental quality
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976