20231022 Ver 1_Penny Way ePCN Attachments Compressed_20230720

Jennifer Robertson
From: Jennifer Robertson
Sent: Thursday, May 12, 2022 9:05 AM
To: 401 PreFile
Subject: Penny Way NWP 29 Pre -Application Notice
To Whom It May Concern,
Atlas will be submitting a NWP 29 application for the Penny Way project. This project is located in Charlotte
(Mecklenburg County) and involves construction of a townhome community. Red Cedar Construction LLC is
the applicant.
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

Preliminary ORM Data Entry Fields for New Actions
SAW — 201 -
Prepare file folder
1. Project Name [PCN Form A2a]: Penny Way
BEGIN DATE [Received Date]:
Assign Action ID Number in ORM ❑
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description / Purpose [PCN Form 133d and 133e]:
The project is for the construction of a residential development consisting of 40 townhomes.
4. Property Owner / Applicant [PCN Form A3 or A41: Owners: Richard Panny Cobb and Charles Wesley Cobb
Applicant: Red Cedar Construction, LLC / Mr. Jon Grabowski
5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form BSb]: None Known
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
4303 Penny Way Charlotte, NC 28213
35.2614450 /-80.7945280
8. Project Location - Tax Parcel ID [PCN Form 131a]: 08901 101 , 08901105, 08901106
9. Project Location — County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: Little Sugar Creek, Class C, # 1 1-137-8
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Lower Catawba 03050103
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

IRaw
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July 20, 2023
US Army Corps of Engineers NC Division of Water Resources
Charlotte Regulatory Field Office 401 and Buffer Permitting Unit
Attn: Doug Perez Attn: Stephanie Goss
8430 University Executive Park Drive, Suite 611 1617 Mail Service Center
Charlotte, NC 28262 Raleigh, North Carolina 27699-1617
Re: Penny Way +/- 3.98 acres
4303 Penny Way Charlotte, NC 28213
Nationwide Permit 29 Application
Action ID: unknown / DWR Project #: unknown
Doug/Stephanie:
Atlas Environmental Inc. is submitting the enclosed nationwide permit 29 verification request on
behalf of Red Cedar Construction, LLC, for unavoidable impacts to Waters of the United States.
Atlas Environmental completed a stream and wetland delineation on March 11, 2022. An
approved jurisdictional determination was submitted to the U.S. Army Corps of Engineers nearly
15 months ago, on April 21, 2022. The status of the aquatic resources were field verified by
Steve Kichefski in August 2022 when he verbally agreed the pond was isolated. The
jurisdictional determination has not been issued at the time of this permit request. There is one
jurisdictional intermittent stream, CH 100 totaling 367 linear feet, and one isolated open water,
Pond 1 totaling 0.115 acres. Pond 1 is a man-made impoundment which was constructed in
high ground.
The project purpose is for the construction of a residential development consisting of 40
townhomes. The development will require three unavoidable impacts to Waters of the United
States for the construction of a road crossing. All three impacts are located at the same road
crossing on channel CH 100. Impact S1 (29 LF, 0.003 Ac) is for excavation upstream of the box
culvert to widen the channel for installation and stability of the culvert. Impact S2 (49 LF, 0.004
Ac) is permanent impacts for the box culvert. Impact S3 (35 LF, 0.003 Ac) is rip rap
downstream of the box culvert to prevent degradation or erosion of the channel. Impacts have
been designed and engineered to avoid and minimize impacts to the greatest extent possible.
Retaining walls are being constructed at the upstream and downstream extents of the box
culvert to minimize impacts associated with side slopes. The upstream retaining wall is
approximately 100 linear feet long and 5 feet tall. The downstream retaining wall is
approximately 102 linear feet long and 5.5 feet high.
Enclosed are the necessary permit application documents and additional information. Thank
you for your attention to the enclosed request. Please contact me if you need any additional
information.
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

(71 AQV0
ONMENTAL
Best regards,
� + d1��
Jennifer L Robertson, President
J Robertson @atlasenvi. corn
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

dotloop signature verification: dt1p.us/4anA-v3GY-m2No
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Mr. Paul Wojoski, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name:
Property Owner of Record:
Contact Name:
Address:
Address:
Phone/Fax Number:
Email Address:
Project Address:
Project Address:
Tax PIN:
Signature:
Date:
Sugar Creek Townhomes
Richard Panny Cobb
Frank Martin, Realtor
4303 & 4313 Penny Way
Charlotte, NC 28213
Frank's: 704.574.2086
Charles Wesley Cobb
Keith Gamble, attorney
240 W. Sugar Creek Rd
Charlotte, NC 28213
Keith's: 704.585.7142
Frank's: [e-mail] Keith's: [e-mail]
encompasses 4303 & 4313 Penny Way
Charlotte NC 28213
08901106 & 08901105
dotloop verified
0-0422 1:38 PM EDT
d LR1 E-RLO N-HJM6-QWCC
3/25/22
A TLASEnvironmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
[e-mail]
www.atlasenvi.com
P40 W Sugar Creek Rd
harlotte, NC 28213
08901101

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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
July 21, 2022
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Layla Tallent ltallentgatlasenvi.com
ATLAS Environmental, Inc.
338 South Sharon Amity Road #411
Charlotte, NC 28211
Re: Construct Penny Way residential development, 4303 Penny Way, Charlotte,
Mecklenburg County, ER 22-1701
Dear Ms. Tallent:
Thank you for your email of June 22, 2022, regarding the above -referenced undertaking. We have reviewed
the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental. review(cr,,ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
(� State Historic Preservation Officer
Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

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SE� .Fe
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 12, 2022
David Rabon
Atlas Environmental, Inc.
338 South Amity Road #441
Charlotte, North Carolina 28211
drabon(cr�,atlasenvi.com
Subject: Penny Way Residential Development; Mecklenburg County, North Carolina
Dear David Rabon:
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated June 23, 2022, wherein you solicit our comments regarding project -
mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 etseq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, the Applicant proposes to construct a residential
development and appurtenances on approximately four partially forested acres in Charlotte,
North Carolina. The information provided suggests that the proposed project will require
authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the
United States. A description of impacts to onsite habitats has not been prepared or provided at
this time.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the action area
(50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis).
However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of
northern long-eared bat associated with activities that occur greater than 0.25 miles from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during
the pup season (June 1 — July 31). Based on the information provided, the project would occur at
a location where any incidental take that may result from associated activities is exempt under
the 4(d) rule for this species. Although not required at this time, we encourage the Applicant to
avoid any associated tree clearing activities during this animal's pup season, maternity roosting
season (May 15 — August 15) and/or active season (April 1 — October 15). If adhered to, a tree
clearing moratorium would also support our concurrence with a "may affect, not likely to
adversely affect" determination from the action agency for this animal.
Please note that on March 23, 2022, the Service published a proposal to reclassify the northern
long-eared bat (NLEB) as endangered under the Act. The U.S. District Court for the District of

Columbia has ordered the Service to complete a new final listing determination for the NLEB by
November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened,
faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal
disease affecting cave -dwelling bats across the continent. The proposed reclassification, if
finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only
to threatened species. Depending on the type of effects a project has on NLEB, the change in the
species' status may trigger the need to re -initiate consultation for any actions that are not
completed and for which the Federal action agency retains discretion once the new listing
determination becomes effective (anticipated to occur by December 30, 2022). If your project
may result in incidental take of NLEB after the new listing goes into effect this will need to be
addressed in an updated consultation that includes an Incidental Take Statement. If your project
may require re -initiation of consultation, please contact our office for additional guidance.
Additional information about this animal including its proposed reclassification can be found
here: https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis
Based on the information provided, suitable habitats do not occur onsite for any other federally
protected species, and we require no further information at this time. Please be aware that
obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Our concurrence with "no effect" determinations made by action agencies is not required. In
accordance with the Act, it is the responsibility of the appropriate federal action agency or its
designated representative to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated.
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Impervious Surfaces and Low -Impact Development
Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and
stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even
lower than expected stream flows during drought periods, which can induce potentially
catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all
new development, regardless of the percentage of impervious surface area they will create,
implement storm -water -retention and -treatment measures designed to replicate and maintain the

hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality
within the watershed.
We recommend the use of low -impact -development techniques, such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for
retaining and treating storm -water runoff rather than the more traditional measures, such as large
retention ponds, etc. These designs often cost less to install and significantly reduce
environmental impacts from residential development.
Where detention ponds are used, storm -water outlets should drain through a vegetated area prior
to reaching any natural stream or wetland area. Detention structures should be designed to allow
for the slow discharge of storm water, attenuating the potential adverse effects of storm -water
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the
purpose of storm -water -control measures is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-22-554.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor