20190596 Ver 1_More Info Received_20190520

Strickland, Bev
From: Jim Spangler <[e-mail]>
Sent: Friday, May 17, 2019 6:46 PM
To: Roden Reynolds, Bryan K CIV (US)
Cc: Erica Brizzee; Matt Pannell; Scott Childers; David Nelson; Dalton Cook; Maria Polizzi;
Cal Rieder; Johnson, Alan
Subject: [External] FW: SAW- 2018-02066_Secrest Short Cut (Notice of Incomplete Pre -
Construction Notification)
Attachments: Secrest Short Cut Road (Veronica Springs) DMS Acceptance Letter.pdf; Veronica
Springs - Overall Grading Plans (5-14-19).pdf
Importance: High
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
Bryan,
Please see the attached acceptance letter from the NCDMS for the required mitigation credits, which addresses your
first point below. Also attached are the grading plans for the site to help with understand the following written
statement from the engineers. I have also included the entire planning and client team on the CC line of this e-mail. In
the interest of time, and to the extent that there are further clarifying data you may need, I request that you Reply All to
facilitate timely resolution. If direct discussion will further expedite resolution of the project authorization, please let
me know and I will set up a conference call bridge and get everyone to schedule some mutually -acceptable time.
"The USACOE has asked why the proposed Collins Drive roadway cannot be realigned to cross the existing channel north
of the existing pond. After evaluation of the site area, the suggested realignment of Collins Drive will result in the dam
being classified high hazard by the NC Department of Environmental Quality, Energy, Mineral and Land Resources
(DEMLR) under the North Carolina Administrative Code 15A NCAC, Subchapter 02K. Based on the NC Code, locating the
road downstream of the existing pond increases the potential for loss of human life or significant property damage that
failure of the existing dam would cause. The cost of dam rehabilitation to comply with the NC Dam Safety Act would be
cost prohibitive to the project and dam reconstruction to meet the requirements of 15A NCAC Subchapter 02K will result
in additional jurisdictional impacts to waters of the US. For these reasons, the road alignment as proposed is the least
impacting and most practical and constructible option.
"The USACOE has suggested the northwest corner of the site could be utilized as a potential pond location to
accommodate the realignment of Collins Drive. Proposing a pond in this location would violate the City of Monroe
Stormwater department's direction to not discharge stormwater in a location that could increase the potential risk of
flooding on adjacent properties. This direction was given by Chris Costner with the City of Monroe during the
preliminary design discussions of the project. Adjacent property owners at the end of Knights Court to the north of Lick
Branch have already been in contact with the City of Monroe regarding existing flooding in the area. The intent of the
proposed pond locations is to not contribute to additional flooding based on the City of Monroe Ordinance - Chapter
159 Stormwater Management Ordinance - Section 104 which dictates the proper management of construction -related
and post -development stormwater runoff will minimize damage to public and private property and infrastructure."
The foregoing two paragraphs have been supplied to us by the folks at ESP --they have determined that in their best
professional judgement as licensed Professional Engineers that the proposed project layout and design minimizes
impacts to the greatest extent practicable.

We have also recently received written comment from NC DWR. The comments suggest alternative engineering designs
that will not reduce the length of stream impacts, but are focused on adherence to the conditions on embeddedness for
aquatic life movement, etc. All conditions of the applicable 401 water quality certification and the NWP related to forms
of construction will be adhered to on this project.
Based on the foregoing information and data, it appears that the project complies with the requirements of General
Condition 23(a) of NWP 29 (ref. 40 CFR 230.3(1)).
Thanks Bryan for expediting this NWP authorization.
Regards,
Jim
James A. (Jim) Spangler, CEI, A.M. ASCE
President, Spangler Environmental, Inc.
As Agent for the Applicant, Lennar Carolinas, LLC
919-630-5637 Mobile
919-875-4288 Office
919-875-4287 Fax
4338 Bland Road, Raleigh, NC 27609
This e-mail is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain
attorney -privileged work product. If you have obtained this e-mail by error or you are not the identified recipient,
please notify the sender by calling toll free 1-866-772-6453, then delete this e-mail (and any attachment) from your
system. Use of this e-mail (or any attachment) by any person other than the identified recipient is strictly prohibited.
-----Original Message -----
From: Roden Reynolds, Bryan K CIV (US) [mai Ito:Bryan. K. Roden [e-mail]1]
Sent: Monday, May 06, 2019 3:47 PM
To: Dalton Cook <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: RE: SAW- 2018-02066_Secrest Short Cut (Notice of Incomplete Pre -Construction Notification)
Mr. Cook,
Thank you for the additional information. There is still outstanding issues that need resolved and are as follows:
1). Please provide a copy of the signed and dated NCDMS Acceptance Letter based on the proposed project impacts
in the revised PCN. Permanent impacts which need to be compensatory for and stated in the revised PCN are: 0.111
acres of wetlands, 299 linear feet of stream channel, and 0.01 acre of open waters.
2). Avoidance and Minimization has not clearly be demonstrated for this project. General Condition 23(a) of
Nationwide Permit 29 states "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."
The term practicable means available and capable of being done after taking into consideration cost, existing
technology, and logistics in light of the overall project purposes (see 40 CFR 230.3(1)). The Corps is concerned that the
applicant has not avoided and minimized impacts to Waters of the United States to the maximum extent practicable as
required by regulation. After further review of the proposed site configuration, it seems one or more of the proposed
wet ponds could be reconfigured/resized and/or moved to a new location with the proposed project boundary to allow
for a different road configuration(s) which would have less impacts to Waters of the United States. These new locations

along with one possible alternative interior road configuration can be found in the attached PDF. This alternative interior
road route would reduce the permanent impacts to streams by 77 linear feet, to wetlands by 0.086 acre, and to open
water by 0.010 acres.
In addition, we compared this proposal to similar residential developments that have received Section 404
discharge permits in Union County (i.e., 5-15 miles radius of the proposed project location) within the last few years. We
looked at proposed project area (in acres) and the number of single family homes/lots per development. Based on the
proposed project area (approximately 86 acres), the applicant is proposing 2.3 single-family/lots per acres as compared
to 0.8 to 1.9 single-family homes/lots for the another permitted projects in the area. Also, the applicant is proposing at
least double the amount of permanent impacts to Waters of the United States compared to the other sites as well. This
would suggest that redesigning the site configuration/interior roads of the development would be practicable and
reasonable since other developments have been constructed with less homes/lots per acre with less impacts.
Thanks,
Bryan Roden -Reynolds, WPIT
Regulatory Project Manager
U.S. Army Corps of Engineers
Charlotte Regulatory Office
8430 University Executive Park Drive
Charlotte, NC 28262
Office: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
-----Original Message -----
From: Dalton Cook [mailto:[e-mail]]
Sent: Wednesday, May 1, 2019 4:32 PM
To: Roden Reynolds, Bryan K CIV (US) <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: [Non-DoD Source] RE: SAW- 2018-02066_Secrest Short Cut (Notice of Incomplete Pre -Construction Notification)
Bryan,
Please see the attached revised impact maps and PCN and the answers to your questions below:
A. Matt Pannell, [phone], [e-mail]
B. The project is a proposed single-family residential subdivision development that includes 200 single family
residential lots, an amenity center, and associated infrastructure.
C. The revised plans and PCN show the proposed temporary impacts. Yes, these areas will be temporarily dewatered
and will use pump-arounds set up to be continuous flow of the streams.
D. The design has been revised to eliminate the impacts to wetlands due to the stormwater outfall riprap apron.

E. The proposed road network was approved by the City of Monroe to meet their requirements of connectivity to
provide adequate access for fire and emergency services, as well as dual -access provided for residents in developments
exceeding 150 lots/units. The culvert lengths have been minimized to the greatest extent possible based on the required
roadway cross section, including necessary utility easements. Utilities have been designed to be within the proposed
roadway to further limit impacts to the stream adjacent to roadway crossings.
Please let me know if you have any additional comments or questions.
Thanks,
Dalton Cook
Environmental Project Scientist
Spangler Environmental, Inc.
Blockedwww.SpanglerEnvironmental.com
Raleigh Office 919-875-4288
4338 Bland Road
Raleigh, NC 27609
This e-mail transmission (and any attachments thereto) is confidential and privileged. It is intended only for viewing by
the entity to which it is addressed. This document and attachments may contain information subject to attorney work -
product doctrines or attorney-client privilege. If you are not the addressee, your disclosure, copying, distribution or use
of the contents of this message for any purpose is prohibited. If you have received this message in error, please notify
the sender by return e-mail.
-----Original Message -----
From: Roden Reynolds, Bryan K CIV (US) [mai Ito:Bryan. K. Roden [e-mail]1]
Sent: Tuesday, April 23, 2019 1:20 PM
To: Dalton Cook <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: SAW- 2018-02066_Secrest Short Cut (Notice of Incomplete Pre -Construction Notification)
Importance: High
Mr. Cook
On April 22, 2019, we received the request for jurisdictional determination you submitted on behalf of Lennar Carolinas,
LLC on a property located in Union County, North Carolina. I have completed my initial review of the report and I have
determined that it is incomplete. The following information is necessary before I will issue a determination:
a. Please provide the following information for the applicant (Lennar Carolinas, LLC):
- Point of Contact (Full first and last name)
- Telephone number
- Email address
b. Provide additional, specific details about the proposed residential subdivision:
- Type of subdivision (i.e., single-family, multi -family, etc.)
- Number of home lots

c. There are no temporary impacts for the entire proposed project area. How do you plan to work in the streams for
culvert placement. Will these areas be temporarily dewatered and pump-arounds set up to be continuous flow of the
streams?
d. As stated in Regional Condition 4.1.1. of Nationwide Permit 29 states "discharges in perennial streams, intermittent
streams, and wetlands for stormwater management facilities are prohibited under this permit." Therefore, the proposed
impacts to Wetland W1(0.013 acres) associated with the "wet pond"/stormwater management will not be authorized
under a Nationwide Permit 29. Therefore, a new conceptual design layout will need to be developed with a new site
layout.
e. Avoidance and Minimization strategies/concepts need to be more flushed out and presented. As currently presented
you are within 1 foot of stream impacts results in an individual permit. If changes were needed this would result in a halt
in construction until the project when through the Individual Permitting process.
Please provide the information requested above in ONE consolidated response within 30 -days of the date of this
correspondence. If you do not respond within 30 -days, the request will be administratively canceled. Please contact me
via telephone or e-mail if you have any questions.
Thanks,
Bryan Roden -Reynolds, WPIT
Regulatory Project Manager
U.S. Army Corps of Engineers
Charlotte Regulatory Office
8430 University Executive Park Drive
Charlotte, NC 28262
Office: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
Blockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0
5

Ord
MEMO,
IF . gv;mg
w!� � ow -
5I -r
mme w Lij,
r A5e�
NOR
III" w,
�� � • ,-\�1'�ll�..—n -- ��,; �1!'.��� ,}�; �. 'vwVr�/�I//®j /i ,Y � \,��` ,'q,ol", .. "Yc ��i\ . ,
Am
ti
w
0
L
mm'p
N,IN,
ll/rOai
MAI RIP, -
OT
I'M
. ; ; , a ��1/ •.' �I. j/. ���1 li(�Qm Mm Wall A
pl/
RwINAWN
mp
4111 mill Rpwodo�
I,,��r� . pal
i MY -11
pill, all
. III ,���,
Ills HE
Ell
X
GRAPHIC SCALE
wa
(IN FEET)
1 INCH = 100 FT.
dig.
PROJECT MANAGER: isc
DESIGNED BY: ECB
DRAWN BY: CAT
PROJECT NUMBER- FU13.00
ORIGINAL DATE: ovimig
SHEET:
C4.0

SHEET INDEX N.T.S. 1
/
BUSINESS TRUST. INC
4
,w ��AQ A 720DB 1229 PG 779 ox 0��e
PROP LIMITS OF
DISTURBANCE
EX ST. PROPERTY
BOUNDARY (TYP.)
LEGEND
PROJECT MANAGER:
PROP.
1
r._ - -'
.VEP
`,,
F.m,`,'="'
PROJECT NUMBER
=/
SANITARY SEWER EASEMENT
—
— —
EXIST.
MAJOR CONTOUR
SHEET INDEX N.T.S. 1
/
BUSINESS TRUST. INC
4
,w ��AQ A 720DB 1229 PG 779 ox 0��e
PROP LIMITS OF
DISTURBANCE
EX ST. PROPERTY
BOUNDARY (TYP.)
LEGEND
PROJECT MANAGER:
PROP.
CONCRETE SIDEWALK
r._ - -'
PROP.
STORM DRAINAGE EASEMENT (SDE)
PROJECT NUMBER
PROP.
SANITARY SEWER EASEMENT
—
— —
EXIST.
MAJOR CONTOUR
EXIST.
MINOR CONTOUR
PROP.CONTOUR
PROP.
DISTURBANCE LIMITS
PROP.
WETLAND/STREAM BUFFER
PROP.
EROSION CONTROL BLANKET
�� �' / /'
PROP.
TREE PROTECTION FENCE
PROP.
WALL GEOGRID
PROP.
STREETSCAPE BUFFER
PROP.
SIDEWALKRJTILRY ESMT.
F - -
TAXI 09259125
WAL-MART REAL ESTATE
BUSINESS TRUST, INC
DB 1229 PG 779
i`moo
!'' 1, /
/ TAX# 09216077A
LOWS HOME CENTERS, INC
/ DB 1262 PG 125
h
WET
POND#3
/
I
/ l
X(ST. CHANNEL TOP
)F BANK (TYP.)
\ 11�
'I
I EXIST. PROPERTY
BOUNDARY (TYP.)
25 -YR WSEL 1
(TYP J
i {� V,/,DISTURBANCE
PROP LIMITS OF
PROP. SO• ///i
COLLINS DRIVE +'
(PROP. 50' PUBLIC RIW) /
F VA�579-
25 -YR WSEL 1 J.
`\ s(TYP.) 11\\\
TAX/ 09216087
TRUSTEES OF THE FIRST
CHURCH
OF THE NAZARENE
D8 361 PG 471
m pp.,-
/
i h
EXIST. PROPERTY\
BOUNDARY (TYP.)
GRAPHIC SCALE
1.w 1. m .ro
(IN FEET)
1 INCH = 100 FT.
s
1:119W YIINI'! .
Call bsfwo y011 dig.
LICENSE NO.:
F-1407
;n
z
�l
d
(� (V
z o
off I—
CD LLJ
Lu
Q U)
Lu
O
N
SEAL
033416
ZI
PROJECT INFORMATION
PROJECT MANAGER:
JSC
DESIGNED BY:
ECB
DRAWN BY:
CAT
PROJECT NUMBER
FU13.400
ORIGINAL DATE:
02/1212019
SHEET:
C4.1

ROY COOPER
Govemvr
MICHAEL S. REGAN
se-etmy
TIM BAUMGARTNER.
Director
Matt Pannell
Lennar Carolinas, LLC
11230 Carmel Commons Blvd
Charlotte, NC 28226
NORTH CAROLINA
EaviromwntalQualtly
April 22, 2019
Expiration of Acceptance: 10/22/2019
Project: Secrest Short Cut Road (Veronica Springs) 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 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 -digit HUC
Impact Type
Impact Quantity
Yadkin
03040105 Warm Stream
03040105 Riparian Wetland
299
Yadkin
0.248
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 and
15A NCAC 02B.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Dalton Cook, agent
Sincerely,
"S�_647V
Jme . B Stanfill
As Management Supervisor
North Carolina Department of Enviromnental Quality I Division or M'tt9gation Services
M W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.7078976