20240435 Ver 1_Public Notice Comments_20240513

DocuSign Envelope ID: BB185E92-406C-4107-B579-5EAF127A154E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 13, 2024
Corps Action ID# SAW-2015-01697
DWR# 20240435 (previously 20052116)
Forsyth County
Ms. Krysta Stygar
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
Delivered via email to: [e-mail]
Subject Project: Caleb's Creek Subdivision
Dear Ms. Stygar:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above -referenced
project:
1. The applicant has not provided a purpose and need statement or provided any project siting
criteria with which to conduct a thorough alternatives analysis to determine the Least
Environmentally Damaging Practical Alternative (LEDPA). The limited information provided by
the applicant regarding alternative sites appears insufficient to document LEDPA. The Division
requests that the USACE require that the applicant conduct a thorough off -site and on -site
evaluation of the project.
2. The applicant provided information regarding on -site alternative site designs that is difficult to
evaluate. The tables of previous impacts require a narrative and/or more thorough explanation
for an adequate comparison. The Division recommends that to ensure consistency with other
similar projects and to ensure that this project is the Least Environmentally Damaging Practical
Alternative, an appropriate on -site Alternatives Analysis be required for this project.
The Division is unable to complete a review of the project for compliance with 15A NCAC 02H
.0506 at this time. The Division has requested additional technical information from the
applicant and requests that the USACE also consider the attached letter during the review of the
application.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: BB185E92-406C-4107-B579-5EAF127A154E
Corps Action ID# SAW-2015-01697
DWR# 20240435 (previously 20052116)
Forsyth County
Page 2of2
Thank you for your considering the Division's comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-813-1863 or
[e-mail].
Sincerely,
IS
DocuSigned by:
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980C5097D80E4E9...
Stephanie Goss, Supervisor
401 & Buffer Permitting Unit
Encl.: Request for Additional Information — Caleb's Creek SD, dated May 13, 2024
Electronic cc: Jeff Harbor, Terracon Consultants Inc
Olivia Munzer NCWRC
DWR 401 & Buffer Permitting Branch file
Filename: 20240435 - 20052116 - Calebs Creek SD - Forsyth - comments to USACE.docx
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly

DocuSign Envelope ID: BB185E92-406C-4107-B579-5EAF127A154E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 13, 2024
DWR #20240435 (previously 20052116)
Forsyth County
BOMA North Carolina LLC
Attn: Mr. Chris Cole
836 Good Hope Dr
Castle Rock CO 80108
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Caleb's Creek Subdivision
USACE ID: SAW-2015-01697
Dear Mr. Chris Cole:
On March 21, 2024, the Division of Water Resources (Division) received your application requesting a
401 Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
If the US Army Corps of Engineers (USACE) requests a response to any comments received as a
result of the Public Notice, please provide the Division with a copy of your response to the
USACE.
The narrative provided in the Pre -Construction Notification (PCN) Form states that avoidance
and minimization of impacts has occurred as much as feasible. Please provide further
information regarding what other options or designs have been considered and determined
impractical. Pursuant to 15A NCAC 02H .01305(b) "In assessing whether the proposed activity
will comply with water quality standards, the Division shall evaluate if the proposed activity: (1)
has avoided and minimized impacts to surface water and wetlands....". The information that has
been provided is difficult to evaluate. The tables of previous impacts require a narrative and/or
more thorough explanation for an adequate comparison. The Division recommends that to
ensure consistency with other similar projects and to ensure that this project has avoided and
minimized impacts to the maximum extent, an appropriate on -site Alternatives Analysis be
conducted. Please provide an analysis of bridging one or more of the largest crossings within
the project. Please ensure that any financial analysis conducted includes the appropriate
mitigation costs.
3. The level of detail provided in the permit drawings is insufficient for the Division to conduct a
thorough review of the impacts. Please provide plan sheets that clearly indicate the proposed
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: BB185E92-406C-4107-B579-5EAF127A154E
Caleb, s Creek SD
DWR# 20240435 (previously 20052116)
Request for Additional Information
Page 2 of 5
grading limits of all proposed activities. Overall impact maps are provided for Recreational Trails
and for Utilities. However, no overall impact plans clearly show proposed roadway impact areas.
Please provide overall impact maps that clearly show and identify all proposed impacts.
4. The exhibit for recreational trails appears to include both roadways and trails. Please clarify the
note on the sheet. The impacts shown in the PCN for roads are labeled the same as trails.
Therefore, it is unclear where impacts are proposed for roads, where trails are included in the
roadway impacts (and whether this increases the length of the roadway impact), and where
bridges are proposed for pedestrian trails. Provide more details/clarification/explanation.
Provide a detailed engineering plan, profile view, and cross-section of all proposed impact areas.
For stream culvert locations, these drawings must include details regarding stream alignment in
relation to pipe alignment, pipe slope, pipe burial, dissipater pad (riprap) if required for velocity
control, and any temporary impacts proposed for proper isolation of the work area. Please
enumerate and clearly label the temporary and permanent impacts on the site plan. If riprap is
required, please enumerate, and ensure that the plans provide for the riprap to be located
below the stream bed elevation. If the project is proposed to be constructed in phases, you may
clearly indicate the proposed phasing and submit detailed construction plans for Phase 1 and
conceptual plans and impact amounts for future phases.
6. Please provide a conceptual construction schedule for all impacts proposed within the
application. Please note that mitigation will be required for ALL impacts unless a mitigation
schedule is requested, reviewed, and approved by the Division. Please note that any 401 issued
by the Division will expire upon expiration of the 404 Permit.
7. In order to carefully evaluate that all culvert installations will not cause water quality violations,
please provide detailed culvert information, including culvert sizing as well as plan and profile
drawings. You must provide detailed information for Phase 1 impacts. You may provide
conceptual/typical plans for future phases. but all plans and profiles should show the riprap
apron and should note that burial would not be necessary for culverts that are proposed at
greater than 2.5% slope.
8. Two culvert details have been submitted; however, they are not labeled such that the proposed
location (impact area) can be identified. Please provide clarification of whether these details are
being provided as the Phase 1 construction drawings and where they are within the project
limits.
For the crossing of future Havenstraat Street, it appears that this culvert may be proposed in
an area of two open water areas. However, the plans call out existing stream banks that are
significantly wider than the culvert widths.
b. For all locations where multiple culverts are proposed, the plan sheets must clearly detail
that low flows shall be accommodated in one culvert/pipe and additional culverts/pipes
shall be installed such that they receive only flows above bankfull. Please provide design
details that clearly show floodplain bench construction and/or sills at the inlet and outlet of
the culverts to ensure that the stream is not over -widened on either end of the culvert.
Please also provide a profile view of all stormflow culverts.
��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
0_p Mo Emimnmen quay

DocuSign Envelope ID: BB185E92-406C-4107-B579-5EAF127A154E
Caleb, s Creek SD
DWR# 20240435 (previously 20052116)
Request for Additional Information
Page 3 of 5
9. The PCN lists the impacts to wetlands for Utility crossings as "hand clearing". This is not typical
of utility impact areas. Please clarify if it is intended that the impact area will only be for
removal of vegetation above ground by means other than equipment and no soil disturbance
would occur. It is unclear how the utility could be installed by "hand clearing".
10. The typical utility stream crossing detail is insufficient as it does not include any information
regarding how the work is to be conducted within the stream. In addition, a typical detail has
not been provided for utility work within wetlands.
11. Please provide a stream restoration detail and a wetland restoration detail for all proposed
utility -related temporary impact areas. A note to restore the stream to original conditions on
the typical utility crossing detail is insufficient to ensure compliance with water quality
standards.
12. Many impacts are not clearly identified on the plan sheets. For example, Exhibit A shows
impacts T1 and T2. Impact T2 clearly shows that it is for a road crossing, but there is no
indication what is proposed at impact T1. Considering the area appears to lead to a small
upland area, the purpose of the proposed impact is unclear. Please note that this same situation
occurs on multiple plan sheets in addition to the location noted above.
13. It appears that the utility impacts are not shown on the plan sheet insets in all locations. For
example, the overall utility impact shows an impact labeled U-2 and the wetland impact table
lists impacts W6 is for utility crossing U-2 but neither Exhibit A nor E show this impact.
14. It appears that there are multiple locations where impacts are shown on the plan sheets but not
accounted for in the proposed impacts provided with the PCN. For example, on Exhibit B, it
appears that development grading/fill would occur and impact feature T4 (see area in red on the
screen shot below). This area is not shown on Exhibit A. Considering that these exhibits do not
consistently show the proposed plans, the Division is concerned that grading/fill/development is
proposed in jurisdictional areas such as the one noted above in addition to multiple other areas
of the site.
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EnWronmanW 9uallly

DocuSign Envelope ID: BB185E92-406C-4107-B579-5EAF127A154E
Caleb, s Creek SD
DWR# 20240435 (previously 20052116)
Request for Additional Information
Page 4 of 5
15. On Exhibit C, areas are called out as locations for future stormwater BMPs. Have
calculations/designs been conducted such that you can confirm the upland area provide
sufficient space for the proposed stormwater measures?
16. The Division appreciates the efforts made to minimize impacts to Waters of the State. In order
to document avoidance and minimization to the maximum extent practical, please provide
detailed information as to why the project could not be designed to avoid impact W11. Given
the size of the overall project, it appears that a slight reduction in structures within this area to
avoid these impacts may be practical.
17. Please explain the purpose of Wetland Impact W4 on Exhibit M. The plan sheets note it is a
temporary impact for road construction. A road is shown to the south of this location, but no
impacts are shown. This area needs further explanation.
18. On Exhibit C, it appears that wetland impact area W3 is also proposed to impact open waters.
It also appears this impact is for road construction. However, the black road lines do not appear
to line up with the blue road lines on the other side of the pond. The blue road lines appear to
be aligned such that they will impact the stream above the pond. This inconsistency in the plans
needs clarification.
19. Pursuant to 15A NCAC 02H.0506(b), "a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which
includes designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity
will comply with water quality standards, the Division shall evaluate if the proposed activity: (2)
would cause or contribute to a violation of water quality standards; (3) would result in
secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a
violation of water quality standards...." Based on the proposed plan, it appears that in multiple
locations the entire watershed draining to small streams will be impacted and assumed to be
directed to SCMs. Rerouting of all surface flow has the potential to cause indirect impacts to
these features. Please either provide additional information to address this issue or revise the
application to include indirect impacts to these features. Examples of this issue include a small
stream flowing to T1 near the roundabout on Exhibit A and T10 shown on Exhibit F.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
Please note that upon review of the above -noted information, additional requests for information are
likely necessary to complete the Division's review.
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
gaparNrM of Emironmanfal quay

DocuSign Envelope ID: BB185E92-406C-4107-B579-5EAF127A154E
Caleb, s Creek SD
DWR# 20240435 (previously 20052116)
Request for Additional Information
Page 5 of 5
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
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980C5097D80E4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jeff Harbor, Terracon Consultants Inc
Krysta Stygar, USACE Charlotte Regulatory Field Office
Olivia Munzer, NC Wildlife Resources Commission
DWR 401 & Buffer Permitting Branch file
Filename: 20240435 - 20052116 - Calebs Creek SD - Forsyth - addinfo.docx
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly