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
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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
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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
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LEGEND
Streams 0 0.25 05 0 75 1
Q Property Boundary Miles
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Proposed Lake Boundaries 0 1,250 2,500 3,750 5,000
Source: USDA DRG Mosaic for McDowell Co., North Carolina 2007
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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