20200548 Ver 3_Evoke at Indian Trail Water Quality certification revisions #20200548 Ver 2_20241016

EXCELLENCE IN ANY ENVIRONMENT
October 16, 2024
Ms. Stephanie Goss
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Evoke Indian Trail
Water Quality Certification Revisions
NCDWR Project No. 20200548 Ver. 2
Union County, North Carolina
Dear Ms. Goss,
Due to design changes for the Evoke Indian Trail Project (#20200548), please accept the attached
documents to revise the 401 Water Quality Certification application submitted on January 23, 2024 and
issued March 18, 2024. The additional materials include:
1. Revised wetland and stream impacts maps,
2. Revised Wetland Impacts Table, and
3. NC DMS acceptance letter.
The design changes occurred at impact W5, which will increase impacts from 0.027 acres to 0.045 acres,
and at W1 (identified as W1A in new design), which will increase from 0.21 acres to 0.23 acres. A new
impact is also located at W1 B (0.04 acres); the area was erroneously omitted from the original application.
It was identified as a wetland and included in the Corp's jurisdictional determination. See the attached
documents for further details.
Thes revisions will increase the amount needed for mitigation. The mitigation banks listed on RIBITS as
potentially having mitigation credits available were contacted and none have them available. Therefore, a
NC DMS acceptance letter is attached.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the revised
information. These revisions have been submitted to Amber Lipsky, USACE, and copies have been sent
via email to Andrew Pitner, NCDEQ Division of Water Resources — Mooresville Regional Office; Olivia
Munzer Schaetz, NC Wildlife Resources Commission; and Byron Hamstead, US Fish and Wildlife Service.
Sincerely,
Eric Romaniszyn
Senior Scientist
Copy issued:
NC DEQ Division of Water Resources, Mooresville Regional Office - Andrew Pitner
USACE, Charlotte Regulatory Field Office — Amber Lipsky
NC WRC —Olivia Munzer Schaetz
US FWS, Asheville Office — Byron Hamstead
EnviroScienceTM
145 7th Avenue West I Suite B
Hendersonville, NC 28792

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PCN Form Additional Information
Evoke Indian Trail Project
Section C.2. Wetland Impacts Table
Wetland Impact
Number, Permanent
P or Temporary
Type of
impact
Type of Wetland
Forested
Type of jurisdiction
Corps (404,10) or
DWQ 401, other
Area of Impact
acres
W1 A
P
Bottomland Hardwood
Forest
Yes
Corps
0.12
W1 A
T
Bottomland Hardwood
Forest
Yes
Corps
0.11
W1 B
P
Bottomland Hardwood
Forest
Yes
Corps
0.04
W2
P
Headwater Wetland
No
Corps
0.023
W3
P
Headwater Wetland
No
Corps
0.029
W4
P
Headwater Wetland
No
Corps
0.014
W5
P
Headwater Wetland
Yes
Corps
0.045
W6
P
Headwater Wetland
No
Corps
0.004
Total permanent impacts = 0.275 acres
Total temporary impacts = 0.11 acres
Total wetland impacts = 0.385 acres
The applicant requests 0.275 acres of permanent wetland impacts and 0.11 acres of temporary
impacts (W1A) for a construction easement to install a utility line. For the permanent impacts at W1A,
0.12 acres will be in a permanently maintained / mowed easement and the remaining 0.09 acres will
be replanted with appropriate native hardwood trees.
Section D.4. Mitigation
A design change occurred that increased wetland impacts (see attachment). The original design was
permitted in May 2020 (SAW-2019-01147) and included 0.307 acres of impacts, including 0.217 acres
of permanent impacts and 0.09 temporary. Mitigation was required for 0.27 acres and payment was
made to NC DMS on March 28, 2022 (see attached receipt), though no impacts have occurred.
The new design will increase impacts to 0.385 acres, including 0.275 acres of permanent impacts and
0.11 acres of temporary. The changes will occur at W5, which will increase permanent impacts from
0.027 acres to 0.045 acres, and at W1 (identified as W1A in new design), which will increase from
0.21 acres (0.12 acres permanent, 0.09 acres temporary) to 0.23 acres (0.12 acres permanent, 0.11
acres temporary). There is also a new impact at W1 B, which is 0.04 acres of permanent impact. This
new area was identified as a wetland and included in the Corp's jurisdictional determination.
A new NC DMS acceptance letter is attached for the additional 0.058 acres of permanent impacts.

ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
MARC RECKTENWALD
Director
Henry Rebisz
Evoke at Indian Trail LLC
2522 Suffolk Ave
High Point, NC 27265
Project: Evoke Indian Trail
��Ea,nnvi�Ej
NORTH CAROLINA
Environmental Quality
October 10, 2024
Expiration of Acceptance: 4/10/2025
County: Union
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 applicable 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
Yadkin
03040105
Riparian Wetland
0.058
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,
Kelly B. Williams
In -Lieu Fee Program Coordinator
cc: Eric Romaniszyn, agent
D_E Q�� North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West ]ones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
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onPammem ienunanmenwiuuaifty /"� 919.707.8976