FW: [External] RE: City of Charlotte PowerPoint Presentations

Baker, Caroline D
From: Homewood, Sue
Sent: Tuesday, January 24, 2023 8:33 PM
To: Baker, Caroline D
Subject: FW: [External] RE: City of Charlotte PowerPoint Presentations
Laserfiche Upload: email and attachment
DW R#: 20060404
Doc Date: 01/13/23
Doc Type: Mitigation — Mitigation Information
Doc Name: Garrison Rd ext Encroachment Memo
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
Sue. Homewood(@ncdenr.2ov
I:i:10.1 11cat 1W
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From: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, January 13, 2023 4:48 PM
To: Jennifer Robertson <[e-mail]>
Cc: Hajnos, Edward A <[e-mail]>; Jones, M Scott (Scott) CIV USARMY CESAW (USA)
<[e-mail]>; Kim Browning <[e-mail]>; Haywood, Casey M CIV
USARMY CESAW (USA) <[e-mail]>; Wilson, Travis W. <[e-mail]>;
Munzer, Olivia <[e-mail]>; Bowers, Todd <[e-mail]>; Davis, Erin B
<[e-mail]>; Holland Youngman <[e-mail]>
Subject: [External] RE: City of Charlotte PowerPoint Presentations
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Good afternoon Jennifer. Please see the attached memo regarding the Garrison Road extension across the Beaverdam
project. The memo includes the notes that we recorded from the December meeting and follow-up comments from the
IRT. As you will see in the summary, after consideration of the information provided and discussion during the meeting,
we concur with the need for the road crossing and the preferred alignment across the easement. However, before we
can agree to any easement modification, we need more information regarding the specific impacts to the easement and
stream, and we need to determine how those impacts will be replaced. I believe there was some discussion of adding

stream preservation areas to the project, in which case we would need detailed plans showing the area and stream
resources to be included, proposed preservation mechanisms, etc. More commonly, credits are replaced through the
purchase of the same credit type (i.e., warm water stream) directly from DMS, ideally to be debited from the same site if
credits are still available.
Once final plans are available for the proposed crossing, please provide them to us so that can more accurately assess
the impacts to the site. As part of this, we may also consider any potential indirect impacts to the mitigation site that
might result from the construction of a road corridor through the middle of the site, such as habitat loss and
fragmentation, or further degradation of stream functions within project reaches that are adjacent to the proposed road
corridor. This is particularly true downstream of the crossing where the project has already been impacted multiple
times by utility work and will now be functionally disconnected from the remainder of the site due to the Garrison Road
extension.
Lastly, I wanted to make sure it's clear that this memo is only related to the request for an easement modification, not
the 404 permit process. Also, any activities necessary to replace credits lost as a result of the easement modification
would be separate from mitigation required as part of the 404 permit process (if necessary).
If you would, please forward this on to the City, and let me know if you have any questions or concerns.
Thank you,
Todd Tugwell
Chief, Mitigation Branch
Regulatory Division
Wilmington District, USACE
[phone]
From: Jennifer Robertson <[e-mail]>
Sent: Monday, January 9, 2023 12:19 PM
To: Tugwell, Todd J CIV USARMY CESAW (USA)<[e-mail]>; Hajnos, Edward A
<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: City of Charlotte PowerPoint Presentations
Todd,
Good afternoon! Are you able to provide an update?
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ONMENTAL

From: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, December 20, 2022 11:49 AM
To: Jennifer Robertson <[e-mail]>; Hajnos, Edward A <[e-mail]>
Subject: RE: City of Charlotte PowerPoint Presentations
Jennifer,
Thank you for the notes regarding the meeting. We have to give the IRT with the opportunity to get us written
comments following the December IRT meeting, and we determined we should extent that period until Jan 7th due to
the holidays. As I mentioned in the meeting, my hope is to first establish whether the proposed alignment for the
modification to the easement is acceptable and the best alternative. I'm trying to avoid using the term LDPA because
our analysis is not really establishing a LDPA, but rather looking at the alternatives to impacting the conservation
easement, which is different. While this includes considering the environmental impacts for all the alternatives, it is not
really the same thing as a true LPDA analysis that would be done as part of a 404 permit application.
I will transfer any comments received by the IRT as soon as I can after the Jan 7 comment deadline, and assuming that
we agree with the proposed route (which has yet to be determined), we will still need to know the specifics on the how
much of an impact this will have on the resources and credits provided by the mitigation site, and we will have to
determine how these resources (and associated credits) will be replaced before we can provide any approval. I can't
give you confirmation that it is acceptable to start any work within the easement until we have this figured out. If the
City chooses to start planning/design efforts or seeking other approvals in reliance upon our approval for the easement
modification, they need to understand that they are doing so at their own risk.
I will try to get comments back to you as soon as I can. Please let me know if you have any questions about this - I will
be away from the office from Dec 23 through Jan 1.
Thanks,
Todd Tugwell
Chief, Mitigation Branch
Regulatory Division
Wilmington District, USACE
[phone]
From: Jennifer Robertson <[e-mail]>
Sent: Friday, December 16, 2022 7:50 AM
To: Tugwell, Todd J CIV USARMY CESAW (USA)<[e-mail]>; Hajnos, Edward A
<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: City of Charlotte PowerPoint Presentations
Todd,
Good morning! Here are the questions (and answers) that we noted during the IRT meeting. As you know all
other reviews and approvals are being held until we get written approval from you that disturbance of the
conservation easement is acceptable. If you concur that extending Garrison Road to Dixie River Road along
Route 5 is the least environmentally damaging route and disturbance of the conservation easement is
accepted, will I get an email from you stating such by or before January 7`h? I am hopeful that we can work out
the details of the final design and possible addition of Beaverdam Creek to the conservation easement once
we get email confirmation from you that our proposal is acceptable so we can move forward with the other
approvals concurrently since everything hinges on everything else if that makes sense. The impacts for
Version 3.0 (pending internal approval by the City of Charlotte's Transportation Department) will exhibit a

significant additional decrease of impacts to the conservation easement and unnamed tributary to Beaverdam
Creek. Thanks again to you and Ed for all your attention and time to this request!
1. Does the 2040 Comprehensive Plan address the conservation easement?
a. The 2040 Comprehensive Plan does not go into the detail of conservation easements. The
2040 Comprehensive Plan is the City's comprehensive vision to guide the City's growth over the
next 20 years. In the future, the City of Charlotte will be more aware of the conservation
easements in planning future roadway connections as well as improving our existing
infrastructure to accommodate growth.
2. Will any future utilities impact the conservation easement?
a. Any utilities associated with extending Garrison Road will be within the right-of-way of Garrison
Road and require no additional conservation easement impacts. Natural gas, water, sewer, and
power services are in place across the conservation easement. While the City of Charlotte
cannot guarantee that no future impacts will occur to the conservation easement, the City does
not envision the need for any future impacts.
3. Will the greenway culvert be located outside of the conservation easement?
a. The pedestrian greenway culvert will be located outside of the conservation easement and will
be maintained by the City of Charlotte. The City of Charlotte will coordinate with Mecklenburg
County Parks and Recreation on the final location. The pedestrian culvert will be shown on the
Version 3.0 road design.
4. How will stormwater get to the pond and how will that outlet to the stream? Have the existing
tributaries been evaluated to carry the additional flow?
a. All stormwater from the extension of Garrison Road will be treated in the SCM North of the
conservation easement. A storm drainage system will be located along the shoulders of the
road. The SCM will retain and treat stormwater. Treatment is required to achieve pre -
construction conditions to ensure continued stability of the receiving stream.
5. Will any other part of the McCraney Property Company project impact the conservation
easement?
a. The McCraney Property Company project, per the designed plans, will not impact the
conservation easement. It is possible; with continued successful coordination with the State
Stewardship office, Mecklenburg County Parks and Recreation, and the Corps; that McCraney
Property Company will donate areas along Beaverdam Creek to extend the conservation
easement as mitigation for the Garrison Road impacts.
6. Have cost estimates been developed for each alternative?
a. Cost estimates were included in the first addendum package for crossing types (three box
culverts, five box culverts, and a bridge). Cost estimates were not completed for each
alternative presented in the second amendment. Each alternative route is longer, has more
stream impacts, and has greater topography challenges over route 5 (preferred alternative).
7. How will functional uplift impacts to the conservation easement be addressed?
a. The City of Charlotte recognizes that construction of the road crossing will impact the
conservation easement and unnamed tributary to Beaverdam Creek. Measures taken during
construction such as working in the dry and burying the box culvert to allow for aquatic life
movement will minimize these impacts. The City of Charlotte has proposed to mitigate for
conservation easement impacts by adding a significant reach of Beaverdam Creek to the
conservation easement. This addition could increase the length of the conservation easement
by over 25% and help to further protect the areas surrounding the conservation easement and
the conservation easement from future impacts.
Thank you,
Jennifer L Robertson, President

Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
RONMENTAL
From: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, December 15, 2022 10:18 AM
To: Jennifer Robertson <[e-mail]>; Hajnos, Edward A <[e-mail]>
Subject: RE: City of Charlotte PowerPoint Presentations
Thanks Jennifer. I appreciate your efforts to help minimize the impacts. We distributed these to the IRT. Also I asked
for comment from all the agencies by Jan 71" due to the holidays. I'll send any comments as I get them.
Todd
From: Jennifer Robertson <[e-mail]>
Sent: Tuesday, December 13, 2022 6:06 PM
To: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>; Hajnos, Edward A
<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] City of Charlotte PowerPoint Presentations
Todd,
Thank you again for the time today! Attached are pdf's of the two presentations. I will follow up tomorrow with
the list of questions (and answers) that we noted during the meeting.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
VIRONMENTAL