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HomeMy WebLinkAbout20070168 Ver 1_More Info Received_20081229ArMACTEC MACTEC Engineering and Consulting 1 Patton Avenue Asheville, North Carolina Phone: (828) 252-8130 Fax: (828) 251-9690 LETTER OF TRANSMITTAL TO: Ms. Cyndi Karoly DATE: 12/22/2008 NC Division of Water Quality MACTEC PROJECT NO.: 6229-05-2914 2321 Crabtree Boulivard; Sweet 250 PROJECT NAME: Grandview Peaks (DWQ: 07-0168) Raliegh, NC 27604 SUBJECT: Additional information request-final impact numbers (919) 733-9721 and comprehensive mitigation plan. WE TRANSMIT TO YOU: ® HEREWITH ? UNDER SEPARATE COVER SUBJECT: ACTION: SENT BY: ?DRAWINGS ?FOR YOUR INFORMATION ?MAIL ?SPECIFICATIONS ?FOR YOUR COMMENT OR APPROVAL ?CERTIFIED MAIL ?CALCULATIONS ?RETURNED FOR CORRECTION: RESUBMIT ®EXPRESS FED ®REPORT ?APPROVED AS NOTED ?COURIER ?COST ESTIMATE ®AS REQUESTED ?HAND DELIVERED ?AS NOTED ?FACSIMILE: pages (Incluatn transmittal sneet) COPIES DATE DESCRIPTION 5 12/22/08 Additional information request-final impact numbers and comprehensive mitigation plan. REMARKS: Please find attached five copies-final impact numbers and comprehensive mitigation plan. Should you have any questions, please contact Robert Sain at (828)-252-8130 or Allen Conger (803)-798-1200 ????(V](? p DEC292008 DW-WARRGUWW v MV0A STOR11r1Wffi CC: Todd Black; Fall Creek Land Company Amanda Jones; USACE, Asheville Field Regulatory Office By: /7- G. -ri- 1, Robert L. Sain Direct Phone: (828) 252-8130 CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. If transmission is not received in good order, please call Tracy Effler at (828) 252-8130 Uocnment5 horm RevJsed 10'18/02 4tMACTEC engineering and constructing a better tomorrow December 22, 2008 Ms. Cyndi Karoly N.C. Division of Water Quality 401 Oversight/ Permit Review Unit 2321 Crabtree Boulevard; Sweet 250 Raleigh, North Carolina 27604 u2@90Y21 IEC 2 9 2008 WETLAND AND STORMWATE BRANCH Subject: The Grandview Peaks Development DWQ request for additional information-Final Mitigation Plan USACE Action ID: 2007-200-359 DWQ Project # 07-0168 McDowell County, North Carolina MACTEC Project: 6229052914 Dear Ms. Karoly: MACTEC Engineering and Consulting, Inc. (MACTEC), on behalf of the applicant, the Fall Creek Land Company (FCLC) has addressed the Division of Water Quality (DWQ)'s recent request for additional information; a letter dated December 10, 2008 (see Attachment 1), received December 15, 2008. This letter requested additional information regarding the final FCLC proposed wetland and stream impact numbers and a comprehensive mitigation plan. A list of project milestones has been provided in Attachment 2. Project Overview: The northern portion of the Fall Creek Land Company's (FCLC) "Grandview Peaks (GP)" property contains two networks of unnamed tributary streams that drain to Hopper's Creek. The FCLC plans to impound these unnamed, tributary stream systems to create two impoundments or reservoir lakes with surface areas (27.1-acre and 6.8-acre). Both impoundments are located down-gradient from existing development activity. These lakes are located in the most practicable location on the property-having the right combination of drainage area, stream flow. and constricted valley (see Figure 1). Both proposed impoundment(s) will be located in the upper Catawba River Basin (HUC 03050101; sub basin 03-08-30) within the Northern Inner Piedmont Ecoregion. MACTEC Engineering and Consulting, Inc. 1308 Patton Avenue • Asheville, NC 28806 0 Phone: 828.252.8 130 • Fax: 828.25 1.9690 www.mactec.com i 253 j .0 Proposed Lake #3 /; r Proposed Lake #2 = i ? ? ee °?? ram- . ; 4 1 l t \ Goal ' ? - •; ( _, a '? / rr 9y „ r-_.J , s Cr ? 1 -" Mt a ? I N 1 own Ce. ,,-- ? J r ? ? ? ? ? ?7 ,? ? ? ?baas ?_ ?V ?`/ r1 ! j + • fro ` ? i \ 1 ' ? , , V??ir o-„ ?- ;LA4kiL1Q? (\ I cree ll • LEGEND Streams 0 0.25 05 0 75 1 Q Property Boundary Miles F t ee Proposed Lake Boundaries 0 1,250 2,500 3,750 5,000 Source: USDA DRG Mosaic for McDowell Co., North Carolina 2007 ?? ;( MACTEC GRANDVIEW PEAKS DEVELOPMENT PROPOSED LAKES #2 AND #3 ,W MCDOWELL COUNTY, NORTH CAROLINA EPARED Y D E Z CHE KED BY DATE Z JOB NUMBER 6229-05-2914 FIGURE 1 DWQ request for additional information-final mitigation plan December 22, 2008 Grandview Peaks, McDowell County, North Carolina MACTEC Project: 6229052914 Grandview Peaks Lakes Comprehensive Mitigation Plan McDowell County, North Carolina The Fall Creek Land Company has proposed to create two impoundments at the Grandview Peaks development in McDowell County, North Carolina. Impoundment and dam construction activities will impact 6,966 linear feet (If) of first and second order perennial stream channel and 0.6 acres of riparian wetlands. Within the 6,966 if of impact, 515 if will be from fill for dam construction and outlets, 6,451 if will be from inundation. The Fall Creek Land Company is seeking a Section 404 Individual Permit and a Section 401 Water Quality Certification authorizing these impacts. Following guidance from the agencies the stream channels proposed for impact were scored using the Stream Quality Assessment Worksheet (SQAW), results presented in Table 1. Within the proposed impoundment areas (fill and inundation) 2,525 If of stream channel rated "poor/ fair", 4,341 If rated "good", and 100 if rated "excellent". Table 1, FCLC Final Proposed Impact Numbers: FCLC Final fill and inundation impact numbers with associated ratios for proposed impoundments "Lakes 2 and 3." Fill Poor/Fair Good Excellent Total Total -Impact 2701f 245 If ----- 5151 Ratio 1:1 2:1 ----- Credits Needed 270 If 490 If ----- 760 If ?.iuu?i.? uj uc ijmcnacrn irnm rna I\II H a--i , , uoo U.?ia......... Inundation Poor/Fair Good _ Excellent Total Total Impact 2,255 If 4,0961f 100 if 6,451 1f Ratio (Inundation) 1:1 2:1 31 Credits Needed 2,255 If 8,192 if 3001f 10,747 If Table created by: RLS; 12/22/2008 Table checked by: AWC; 12/22/2008 Compensatory mitigation for the proposed impacts will be fulfilled by purchasing credits from the NCEEP In-Lieu Fee Program and by conducting on-site preservation and enhancement by buffering. To satisfy compensatory mitigation needed to off-set stream impacts from 515 If of fill, 760 If of stream restoration credits will be purchased from the NCEEP In-Lieu Fee Program (see Table 2). To satisfy compensatory mitigation needed to off-set stream impacts from 6,451 if of inundation, approximately 14,258 if of streams located in the Catawba River Basin and within FCLC property will be made available for on-site preservation. 2 DWQ request for additional information-final mitigation plan December 22 2008 Grandview Peaks, McDowell County, North Carolina MACTEC Project: 6229052914 To satisfy compensatory mitigation needed to off-set wetland impacts from 0.6 acres of inundation, 1.25 acres of wetland credit will be purchased from the NCEEP In-Lieu Fee Program. Table 2, Final Proposed Mitigation Numbers: FCLC compensatory stream and wetland mitigation available from the NCEEP In-Lieu Fee Program to satisfy associated impacts for proposed impoundments "Lakes 2 and 3." Stream Mitigation ation Linear Feet Ratio Credit Generated EEP Restoration 760 N/A 760 Total Pro osed Credit 760 Total Credit Needed 760 Wetland Miti ation Acres Ratio Credit Generated EEP (Restoration) 0.6 2:1 1.2 Total Proposed Credit 1.25 Total Credit Needed 1.2 . L IU JN%_ZEr m-L teu ree rrogram only allocates wetland mitigation credits in 0.25 acre units. The NCEEP requires that acreage be rounded up to the nearest 0.25 acre. Created By: RLS; 12/22/2008 Checked By: AWC; 12/22/2008 Preserved streams with buffers on the project site will be protected in perpetuity by deed restrictive easements or other agency-approved protective mechanisms. These easement restrictions will serve to preserve a vegetated riparian buffer that may extend up to 60 feet from the top of each streambank. The protective restrictions will be established following project completion, once the limits of these areas can be surveyed. The combination of on-site stream preservation and 760 If of stream restoration credit will be purchased from the NCEEP In-Lieu Fee Program, the intent to satisfy the compensatory mitigation of 6,966 if of impacts to streams. In addition, 1.25 acres (0.6 acres) wetland credits will be purchased as needed to fulfill compensatory wetland, mitigation requirements from the NCEEP In-Lieu Fee Program. The NCEEP has provided several acceptance letters for mitigation purchase, the most recent on July 31, 2008 (Attachment 3). The NCEEP acceptance letter specifies that up to 1,030 If of stream mitigation credits are available in the Catawba River Basin; and that up 1.26 acres of wetland mitigation credit are available, acceptance expiring January 31, 2009. 3 DWQ request for additional information-final mitigation plan Grandview Peaks, McDowell County, North Carolina December 22, 2008 MACTEC Project: 6229052914 The most up-to-date NCEEP fee schedule for stream channel mitigation is $323.00 per linear foot of credit. The most up-to-date NCEEP fee schedule for riparian wetland mitigation is $59,600.00 per acre of credit. Table 3, Estimated Out-Of-Pocket Cost: FCLC estimated cost for stream and wetland mitigation generated via EEP payment. NCEEP COST Proposed Unit Cost al Cost Miti ation Stream 760 LF $323.00 5,480.00 j Wetland 1.25Acre $59,600.00 ,500.00 S3 9,980.00 C reated By: RLS; 12/22/2008 Checked By: AWC; 12/22/2008 Use of the In-Lieu Fee Program to compensate for jurisdictional impacts will require a total payment of $319,980.00. The Fall Creek Land Company appreciates your timely review of our response to the Division of Water Quality (DWQ)'s recent request information, Sincerely, We would appreciate your timely review of this MACTEC ENGINEERING AND CONSULTING, INC. /.?- Z_ -5-", 2p- . Td4 0. ?4?? Robert L. Sain, CFM Allen W. Conger, PWS Project Scientist Senior Principal Scientist cc: Todd Black, Fall Creek Land Company Amanda Jones, Asheville Regulatory Field Office, USACE lan McMillan, Raleigh Headquarters, NC DWQ 401 Kathy Stecker, Raleigh Headquarters, NC DENR, Modeling and TMDL Unit Kevin Barnett, Asheville Regional Office, NC DWQ 401 for l? I w. t- nY with permission 4 F WAIF 0 : R Michael F. Easley. Governor I bua (?' William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen 1-1. Sullins, Director <. Division of Water Quality December 10, 2008 DWQ Project # 07-0168 McDowell County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Todd Black Fall Creek Land Company P.O. Box 638 Hickory, NC 28603 Subject Property: Grandview Peaks Recreational Lakes Shoal Creek [030802, 9-41-12-1, WSV] Kelly Branch [030802, 9-41-12-2, WSV] Weaver Branch [030802, 9-41-12-1-1, WSV] REQUEST FOR MORE INFORMATION Dear Mr. Black: On January 29, 2007, the Division of Water Quality (DWQ) received your application dated January 16, 2007, with Public Notice issued by the USACE on February 14, 2007, and received by the DWQ on February 16, 2007, and all additional information received by you on July 9, 2008, September 25, 2008, October 10, 2008, and October 31, 2008, to fill or otherwise impact an unknown quantity of 404/wetland and 6,966 linear feet of perennial stream (515 linear feet of fill, and 6,451 linear feet of flooding, to construct the proposed residential development and recreational impoundments at the site. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require this additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will place this project on hold as incomplete until we receive this additional information. If we do not receive the requested information, your project will be formally returned as incomplete. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please provide your final proposed wetland and stream impact numbers and a comprehensive mitigation plan that includes 515 linear feet of stream restoration or creation. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httn:hh2o.enr.statc.nc.us!ncwetlands N""ot?rtCarolina Awmally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Fall Creek Land Company Page 2 of 2 December 10, 2008 Please submit this information within 30 calendar days of the date of this letter. If we do not receive this requested information within 30 calendar days of the date of this letter, your project will be withdrawn and you will need to reapply with a new application and a new fee. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincere l , dAL\ yndi Karoly, Supervisor 1 Oversight/Express Review Permitting Unit CBK/ijm cc: Roger Edwards, DWQ Raleigh. Regional Office USACE Asheville Regulatory Field Office File Copy Matt Matthews, DWQ Wetlands and Stormwater Branch Robert L. Sam, MACTEC Engineering and Consulting, Inc., 1308-C Patton Avenue, Asheville, NC 28806 Filename: 070168GrandviewPeaksRecreationalLakes(McDowell)On_Hold Recent Project Milestones: January 16, 2007: The FCLC submitted a combined "Individual 404/401 Permit application" to the USACE and DWQ. September 25, 2007: The USACE, DWQ, commenting agencies, and public came back with public notice comments to be addressed. FCLC's "Response to Pubic Notice Comments" was submitted to the USACE and NC DWQ. September 2007 through January 2008: consistent efforts were made by the Fall Creek Land Company to contact regulators while the waiting for responses. January 4, 2008: The USACE responded, informally with an email dated. January 10, 2008: A site meeting occurred with Ms. Amanda Jones, Asheville field office of the USACE. January 23, 2008: The DWQ responded formally to the "Response to Public Notice Comments" with a letter stating that the application was "incomplete" pending analytical monitoring. February 6, 2008: a follow-up office meeting took place with the USACE-the USACE informally requested additional information. This additional information was submitted to the USACE, Asheville Field Office on June 24, 2008. February 2008 through June 2008: various correspondences took place between the FCLC and regulators while drafting additional response documents to address concerns and new protocols. June 23, 2008: a brief follow-up meeting took place with the USACE to discuss the draft Additional Comments Response document. June 24,2008: The FCLC Draft - USACE Additional Comments Response document was submitted to the USACE and copied to the DWQ. July 8, 2008: the FCLC, On-Site Impoundment(s)s Sampling Protocol document was submitted to the DWQ and copied to the USACE July 21 2008: A meeting took place in Raleigh at the DWQ headquarters to discuss the FCLC sampling protocol document and the project status. Action to the FCLC to capture, on-site, August water quality and to carryon with the FCLC proposed sampling protocol. August 6, 2008: Per the DWQ meeting, the FCLC conducted in-situ and analytical on-site sampling at five locations adjacent to the proposed lakes. August 29, 2008: On-Site Grandview Peaks, analytical sampling data results back from labs. September 23, 2008: Impoundments Modeling and Adaptive Management Plan submitted to the DWQ and copied to the USACE. October 15, 2008: Email from Mr. Ian McMillan, a forwarded message from Kathy Stecker from the NCDENR lakes. October 27, 2008: FCLC submitted a response to the NCDWQ in regards to Comments Response and Request for Issuance of a 401 acceptance (Addressing Kathy Stecker-NCDENR lakes modeling division). November 20, 2008: FCLC Permit application explanations and updates made to mitigation ratios with the USACE, Asheville Regulatory Field Office. o vstem PROGRAM July 31, 2008 Todd Black The Fall Creek Land Company 423 Grandview Peaks Dr. Nebo, NC 28761 Project: Grandview Peaks Development County: McDowell The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. 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/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP 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 to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer li (Sq. Ft.) Cold Cool W Ri Impacts Catawba 03050101 0 arm parian Non-Riparian Coastal Marsh 515 0 0.63 0 0 Credits Catawba 03050101 0 0 0 1030 0 1.26 0 n n ,. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, liar . Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Steve Chapin, USACE-Asheville Kevin Barnett, NCDWQ-Asheville Robert Sain, agent File Pv'at Orr,Y Std ?? AMENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Expiration of Acceptance: January 31, 2009