20190814 Ver 2_USACE & DWR RAI Response_20210615

Strickland, Bev
From: Sydni Law <[e-mail]>
Sent: Wednesday, June 16, 2021 2:05 PM
To: [e-mail]; Homewood, Sue
Cc: Hopper, Christopher D CIV (USA); Lauren Norris -Heflin; Matt Michel
Subject: RE: [External] Request for Additional Information: SAW-2018-01810 (The Point at Elon
/ Fixed Point Homes / Shallowford Church Road / Elon / Alamance County /
residential)
Attachments: Shallowford - USACE & DWR RAI Response_2021.06.16.pdf
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Good afternoon Dave and Sue,
Please find our response to your Request for Additional Information for the Shallowford project attached to this email.
Please let us know if you have any additional comments or concerns regarding this project.
Best,
Sydni Law, WPIT
Environmental Scientist
Tir 0 N5 GROUP
ENGINEERING I DESIGN I TECHNOLOGY
Celebrating LGBTQ+ Pride Month
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 I Raleigh, NC 27607
Office: [phone] I Fax: [phone]
Mobile: [phone]
[e-mail]
Your Vision Achieved Through Ours
From: Homewood, Sue <[e-mail]>
Sent: Tuesday, May 25, 2021 10:01 PM
To: [e-mail]; Lauren Norris -Heflin <[e-mail]>;
[e-mail]
Cc: Hopper, Christopher D CIV (USA) <[e-mail]>
Subject: RE: [External] Request for Additional Information: SAW-2018-01810 (The Point at Elon / Fixed Point Homes /
Shallowford Church Road / Elon / Alamance County / residential)
i

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All,
Please provide me with a copy of your response to David's email below. In addition please provide:
1. A more zoomed-in/detailed plan view of the plunge pool.
2. A more detailed/extended profile view of the crossing looking along the line of flow, including the upstream
"boulders at pipe for scour prevention", rock toe, and apparent floodplain bench (stabilize toe with coir log and
plant"), and the downstream plunge pool and all of the associated features.
I will place the application on hold until receipt of the requested information.
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
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
<[e-mail]>
Cc: Hopper, Christopher D CIV (USA) <[e-mail]>
Subject: [External] Request for Additional Information: SAW-2018-01810 (The Point at Elon / Fixed Point Homes /
Shallowford Church Road / Elon / Alamance County / residential)
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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 Hoist
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
2

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,
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
3

CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office: [phone], Ext. 30.
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Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
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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)
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
4

E . 'li c e
•
TIMMONS GROUP
June 16, 2021
Dave Bailey
U.S. Army Corps of Engineers — Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Sue Homewood
NCDEQ — Division of Water Resources
450 W. Hanes Mill Road, Suite 300
Winston-Salem NC 27105
Dear Mr. Bailey and Ms. Homewood,
5410 Trinity Road P 919.866.4951
Suite 102 F 919.859.5663
Raleigh, NC 27607 www.timmons.com
Re: Response to Requests for Additional Information
Shallowford
SAW-2018-01810
(Approx. 41.3 acres)
Alamance County, North Carolina
On behalf of The Point at Elon, LLC we are providing a response to the Request for Additional Information
(RAI) emails received on May 19 and 25, 2021 for Shallowford, an approximately 41.3-acre site located at
approximately 859 Shallowford Church Road in Elon, Alamance County, North Carolina (the Site).
The revised Impacts Maps have been attached showing adjustments to Wetland Impact C, temporary
impacts associated with retaining wall construction, and more -detailed depictions of the stream crossing at
Stream Impact F. The addition of a temporary wetland impact from the construction of the retaining wall
has increased temporary wetland impacts requiring permanent conversion from forested to herbaceous
wetlands from 0.068 acres to 0.075 acres. In addition, 0.162 acres of indirect wetland impacts have been
added in association with Wetland Impacts A and B. All other impact amounts remain the same as reported
in the Pre -Construction Notification (PCN) application dated 04/19/2021.
The comments are outlined below in italics and are grouped by impact, with USACE comments in blue and
DWR comments in green. Our response is below each comment.
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;
Amanda Obregon, representative of The Point at Elon, LLC, is now the POC for the applicant. She
can be contacted at [phone] or [e-mail].
ENGINEERING I DESIGN I TECHNOLOGY

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;
Indirect impacts depicted on Sheet No. EX-2 of the NWP 29/18 verification dated 03/02/2020 have
been added to the revised Impact Maps (see Sheet No. C-405). Of the previously listed 0.2 acres
of indirect impacts to wetlands, 0.162 acres are now included as Indirect Wetland Impact B (see
Inset B on Sheet No. C-406).
Further, revised site plans are proposing the installation of 2, 30-inch culverts at Wetland Impact C
(see Sheet No. C-404 and C-407) to maintain connectivity between wetlands to the north and south
of the proposed road crossing. The culverts will be buried to a depth of no greater than 5 inches
and will maintain a 1.00% slope between the inlets and outlets to prevent wetland scouring,
eliminating the need for additional wetland impacts associated with riprap dissipater pad installation
at the culvert outlets. Therefore, the remaining 0.038 acres of indirect impacts to wetlands
mentioned in the NWP 29/18 verification dated 03/02/2020 are no longer proposed.
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;
Per the applicant's representative, a refund was not issued for the 0.968 riparian non-riverine
wetland credits previously purchased from the NC Division of Mitigation Services (DMS). The PCN
application dated 04/19/2021 proposed purchase of 0.729 wetland mitigation credits for impacts to
Waters of the U.S.
Both temporary and indirect wetland impacts associated with Impacts G and B, respectively, are
proposed to be mitigated at a 1:1 ratio (see Table 1. Revised Wetland Mitigation Credit Proposal).
This would require the proposed wetland mitigation credits to be purchased to be increased from
0.729 credits to 0.961 credits. Considering the amount of wetland impacts previously purchased by
the applicant, 0.968-acres, the updated mitigation requirements are covered by the previously
purchased mitigation credits and no additional credits are required.
Table 1. Revised Wetland Mitigation Credit Proposal
Wetland Impacts
Impact
Letter
Reason for
Impact
Permanent
Impacts
(ac.)
Ratio
Indirect
Impacts (ac.)
Ratio
Temporary
Impacts (ac.)
Ratio
Mitigation
Credits
A
Grading
0.09
2:1
0
N/A
0.005
1:1
0.185
B
Grading
0.045
2:1
0.162
1:1
0.001
1:1
0.253
C
Grading
0.207
2:1
0
N/A
0
N/A
0.414
D
Grading
0.02
2:1
0
N/A
0
N/A
0.04
E
Utility
Installation
0
N/A
0
N/A
0.062
1:1
0.062
G
Wall
Construction
0
N/A
0
N/A
0.007
1:1
0.007
Total Mitigation Credits Required
0.961

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.
The proposed site plans on Sheet C-404 have been revised to 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:
1) 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;
2) 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, 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?
To prevent loss of jurisdictional Waters of the U.S. upstream of wetland Impact C while also
maintaining natural wetland connectivity, the proposed site plans have been revised to include the
installation of 2, 30-inch culverts below the proposed road crossing (see Sheet Nos. C-404 and C-
407). The culverts will be buried to a depth of no greater than 5 inches and will maintain a 1.00%
slope between the inlets and outlets to prevent wetland scouring, eliminating the need for additional
wetland impacts associated with riprap dissipater pad installation at the culvert outlets. The
previously proposed 42" culvert was determined to not be feasible due to utility lines required to
occur beneath the road at this location, however the two 30-inch culverts were designed as a
sufficient replacement to meet flow and connectivity requirements. Therefore, indirect wetland
impacts associated with Impact C are not proposed and natural connectivity between wetland areas
north and south of the proposed road crossing will be maintained.
Further, the proposed culverts eliminate the need for the clean water diversion ditch that was
proposed in the earlier site plans and any associated concerns with floodplain bench erosion.
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.
The proposed site plans have been updated to include a 10-foot buffer along the retaining wall to
the southeast of Impact C to account for anticipated potential temporary wetland impacts that may
occur during construction (see Sheet Nos. C-405 and C-406). These impacts have been added as
Impact G, 0.007 acres (321 sq.ft.) of temporary wetland impacts. The addition of temporary impacts
at Wetland Impact G will bring total temporary wetland impacts for the proposed project to 0.075
acres (3,298 sq.ft.), compared to the 0.068 acres (2,977 sq.ft.) proposed in the PCN submitted
04/19/2021. Per our response to Item 3 above, wetland mitigation credits in excess of what is now
proposed and required have already been purchased by the applicant without refund from NCDMS.
Therefore, no additional mitigation commitments are required.

Prior to the start of work, the contractor shall have all materials and equipment on -site to ensure
temporary impacts to wetland features occur over the minimum time necessary. Hardwood mats
will be placed over wetland areas and equipment movement within these areas will be kept to the
minimum amount required. Immediately following construction, temporary wetland impact areas
will be stabilized and reseeded using an appropriate riparian seed mix. Temporary wetland impact
restoration notes have been added to the proposed site plans (see Sheet No. C-606).
1) Please provide:
c,. A more zoomed-in/detailed plan view of the plunge pool.
A zoomed -in, detailed plan view of the proposed plunge pool has been added to the revised plans
(see Sheet No. C-407).
b. A more detailed/extended profile view of the crossing looking along the line of flow, including the
upstream "boulders at pipe for scour prevention", rock toe, and apparent floodplain bench (stabilize
toe with coir log and plant"), and the downstream plunge pool and all of the associated features.
A more detailed and extended profile view of the stream crossing at Stream Impact F has been
added to the revised plans (see Sheet No. C-404).
Please review the updated Impact Maps and contact Matt Michel at [phone] or
matt.michel©timmons.com if additional information is required.
Sincerely,
Timmons Group
Sydni Law, WPIT
Environmental Scientist
Matt Michel, PWS, PhD
Senior Environmental Scientist

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