SAW-2023-01111_PCN response to USACE

PCN response to USACE
SAW-2023-01111 / Stumptown Road / Mecklenburg County
On May 25, 2023 we received the application you submitted on behalf of RP Huntersville Property Owner LLC
to place fill material in jurisdictional wetlands and stream in Huntersville, Mecklenburg County, North
Carolina. I have completed my initial review of the application and I have determined that it is incomplete.
The following information is necessary to complete this application:
In accordance with 2021 Nationwide Permit general condition 32(b)(5), the PCN must include a
delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and
perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be
prepared in accordance with the current method required by the Corps.
I am curious about stream SA that you show on your delineation map. It appears to just start and
stop within the project boundary, which would be odd for a perennial stream. Can you please show
if the system continues offsite, if there are culverts (i.e. under US-21), how you would be tying in to
said culverts, etc.
RESPONSE:
The head of Stream SA begins as a linear ditch that appears to have been excavated within a
groundwater seepage area. Strong hydric soils (mucky and gleyed) are within the streambed.
Groundwater fed, seepage, riparian wetlands extend along the majority of both sides of the narrow
stream. An abandoned well is located across an existing driveway and upslope of the stream head. A
small PVC pipe extends from the well to the stream head, but it is not contributing to the hydrology of
the stream. See Photo 1. The stream flows across the property and is piped underground at a steep
slope on the western side of the property, continues across Statesville Road, and opens again on the
west side of the road (off -site). There will be no impact to the stream or culvert system at the western
edge of the property that goes under Statesville Road.
i
/ L
Photo 1. Abandoned well, driveway and SA stream head (looking northwest) (Stream is in notch, top
center)

Response to USACE
SAW-2023-01111 /Stumptown Road /Mecklenburg County
August 11, 2023
Mitigation: In this regional office, for streams and wetlands that score medium or higher via NCSAM
or NCWAM criteria, a ratio of 2:1 mitigation credits will be required. Anything that scores lower will
require fewer credits.
You will need to get an adjusted letter from NCDMS that reflects this change.
RESPONSE:
A revised mitigation letter was requested from NCDMS; however, the following response was provided
to me by Ms. Kelly Williams (via email): "Can you please submit an updated request form with
the increased impacts? Note that DMS letters reference impacts- not mitigation
credits. We are agreeing to provide the mitigation required (at 1:1, 2:1, whatever they
require). The Corps requested that we not apply any ratios in our acceptance letters
since those amounts are determined by them during their review.
So, if the impacts have, in fact, doubled, just send an updated form and I can increase
the impacts on it.
Thanks,
Kelly"
Since our physical impact amounts have not changed, a revised letter is not required to be provided.
Ms. Williams did resend the letter to me for reference with the following language highlighted (see
attached): "The amount of mitigation required and assigned to DMS for this impact is
determined by permitting agencies and may exceed the impact amounts shown below."
c. In accordance with 2021 Nationwide Permit general condition 23(a), the activity must be designed
and constructed to
avoid and minimize adverse effects, both temporary and permanent, to waters of the United States
to the maximum extent practicable at the project site (i.e., on site).
If you are filling the top of the stream, which according to your delineation map it appears you are,
how have you proposed to maintain hydrology throughout that system in order to prevent secondary
impacts downstream?
RESPONSE:
As outlined in Section a. response above, Stream SA appears to be fed by surface groundwater seepage
along the majority of the channel (see Photo 2). The stream is perennial due to this continuous
discharge. The proposed impacts avoid and preserve with a buffer the majority of the onsite
groundwater fed wetlands that discharge directly to the stream. In addition, although the upper
portion of the stream will be impacted by a roadway, a culvert will be installed under the roadway to
allow for a bypass system of offsite drainage flow to continue through from the upslope existing
topography.

Response to USACE
SAW-2023-01111 /Stumptown Road /Mecklenburg County
August 11, 2023
Photo 2. Groundwater fed seepage wetlands line the banks of Stream SA (looking northwest). Stream
has a narrow flow through center of wetlands.
Threatened & Endangered Species: I see that you conducted surveys for the vegetative species
known to occur in this area, however those surveys appear to be outside of the accepted window of
August -October. I know that USFWS will not provide concurrence of any effect without surveys done
within the appropriate time frame. Given that there does appear to be suitable habitat for Michaux's
Suman, Smooth Coneflower, and Schweinitz's Sunflower, you will need to re -survey in the coming
months, send those results to me, and I will need to consult with USFWS, in order to receive
concurrence.
RESPONSE:
While there appeared to superficially be some potential habitat areas on the project, the field habitat
review determined that those areas were not suitable for the listed rare plants. However, an additional
review will be conducted during the requested survey months to reverify the findings. Available
reference population will be visited prior to surveys to confirm visibility of rare species populations
prior to surveys and a revised report will be resubmitted upon completion of the survey.
Please contact NRE Environmental, LLC at [e-mail] if you have any questions.
Christine Geist, PWS
NRE Environmental, LLC

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC itECKTENWALD
Director
Kyle Whitaker
RP Huntersville Property Owner, LLC
558 E. Brooklyn Village Ave., Suite 120
Charlotte, INC 28202
NORTH CAROLINA
Environmental Quality
May 23, 2023
Expiration of Acceptance: 11/23/2023
Project: Statesville/Stumptown Road Redevelopment County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050103
Riparian Wetland
0.20
Catawba
03050103
Warm Stream
237
*DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
FOR James. B Stanfill
Deputy Director
cc: Christine Geist, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
fk; C0.R[71 IRAAEQ 217 west Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
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