The URL can be used to link to this page

Home My WebLink About20042019 Ver 4_Staff Comments_20110930NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 30, 2011 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. David Levinson 125 Whispering Pines Lane Spring Lake, NC 28390 DWQ Project # 04-2019, Ver. 4 Harnett County Subject Property: Anderson Creek Development South Prong Anderson Creek [030614, 18-23-32-2, C] RESPONSE TO SEPTEMBER 14, 2011, CORRESPONDENCE FROM WRC Dear Mr. Levinson: On September 15, 2011, the Division of Water Quality (DWQ) received correspondence from your agent Chris Huysman, of WRC, Inc., concerning Condition Nos. 6, 7 and 9, of your 401 Water Quality Certification, which was issued on August 18, 2011. Your concerns regarding these Conditions are listed below, followed by our response. Condition 6. Deed Notifications: The applicant has consented to placing retained wetlands within conservation areas. Either the NC Division of Water Quality's suggested Deed Notification or US Army Corps of Engineers accepted Restrictive Covenants language that will protect retained wetlands within the site. Attached is a figure of the wetland and stream areas that will be preserved as a portion of the mitigation for the site (Attachment 1: Preliminary Wetland Preservation Map). The protection of these areas falls under two levels of restriction. The most protective restrictions are those approved by the US Army Corps of Engineers (generally east of the spine road) and the lesser level of protection is a deed notification approved by the NC Division of Water Quality (generally west of the spine road). The applicant reserves the different levels of protection in the event that economic conditions mandate the sale of timber to generate revenue; this applies to only those areas falling under the DWQ Deed Notification. This proposal is included in a letter to the US Army Corps dated September 9, 2011 on which you are copied. DWO Response: Deed Notifications, as requested by DWQ in Condition #6 of the Certification, do not provide any level of protection to wetlands or restrictions to wetlands; they simply indicate on the recorded plat that wetlands exist. Please note that pursuant to 15A NCAC 02H. 0506(h) (6), the DWQ wetland mitigation requirement of 9.53 acres must be satisfied at a 1:1 ratio through restoration or creation or riparian wetlands. eflands, Buffers, S? )nnwa! r, Compliance and 'r'ermiib ig Unit (Webscape) 1350 Mail Service Center, R-weigh, With Caroko 2169c 165,0 Phone 9'1" 807-63001 FAX- 919-801 ;494 !e; iet ii ?) liportai ncdem g;.veba 0,vs n Equal';)ponunityl.Af'wi ,-tticeAct Employer Mr. David Levinson Page 2 of 5 September 30, 2011 Condition 7. Mitigation: The applicant requests that the mitigation condition be modified in order to reduce some of the upfront costs associated with the project. The applicant proposes that the mitigation language in the issued certification be changed to read as follows: we propose to add the text that is underlined and strike the text that is stricken. We would like to have an opportunity to sit down and discuss this proposal with you if you do not find it acceptable. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP). Mitigation must be provided for the proposed impacts as specified in the table below. You are required to make a payment to the Wetland Restoration Fund administered by the NC Ecosystem Enhancement program (EEP) to meet this mitigation requirement since a private bank is not available and you have not elected to pursue development of a separate mitigation plan; if you choose to pursue development of a separate mitigation plan then no impacts specified in this Authorization Certificate shall occur until the mitigation plan has been approved by this office. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 716-1921 if you have any questions concerning payment into a restoration fund. You have 60 *w ffem the date of this approval until 30 days prior to construction or August 1, 2013 to make this payment. DWQ Response: The mitigation plan approved with your Certification is through payment to NCEEP. Per correspondence from NCEEP dated Apri126, 2011 to Mr. Levinson, their acceptance expires January 26, 2012. Please provide documentation from NCEEP documenting an extension to August 1, 2013. Once DWQ has received this documentation, DWQ will amend Condition 7 as follows: Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP). Mitigation must be provided for the proposed impacts as specified in the table below. You are required to make a payment to the Wetland Restoration Fund administered by the NC Ecosystem Enhancement program (EEP) to meet this mitigation requirement since a private bank is not available and you have not elected to pursue development of a separate mitigation plan. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 716-1921 if you have any questions concerning payment into a restoration fund. You have 60 d*wftem the date of this appreva until 30 days prior to the start of construction for any authorized wetland or stream impact, or August 1, 2013, to make this payment. For accounting purposes, this Authorization certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Type o Impact Amount Approved (Units) Plan Location or Reference 404/Wetland 9.53 (acres) Application materials and USA CE Public Notice Stream 836 (linear feet) Application materials and USA CE Public Notice If you choose to vursue an alternative mitigation plan and purchase wetland and/or stream credits from a private bank then you must request a modification to this Authorization Certification detailing the alternative plan. No impacts specified in this Authorization Certificate shall occur until DWQ has approved the modification request and payment has been made to the private mitigation bank or payment has been made to EEP as described above. Mr. David Levinson Page 3 of 5 September 30, 2011 Condition 9. Lake and Stream Monitoring Plan. We have attached a copy of the lake and stream monitoring and management plan for approval (Attachment 2: Anderson Creek Club Lake and Stream Monitoring and Management Plan). Please let me know if there is any additional information that is necessary to make this the final plan. DWQ Response: Condition 9 has additional requirements that were not addressed in the information you submitted. We expect to receive the remaining information to fully comply with Condition 9 prior to any impacts. Please note that the items listed below are only in response to the information we received. • Duration: You indicate that the lake and stream will be regularly monitored for a period of five years. Please speck that the five years will start at the completion of the dam. • Duration: Please include the sampling forms with the Annual Report. • Duration: Please indicate that the annual report will detail any corrective actions taken in response to water quality sampling (as described in the "Potential Management Strategies " section). • Sample Locations: DWQ recommends taking the lake samples at multiple depths. Please refer to the attached table for DWQ recommendations. • Sample Locations: Please clarify if you will be sampling one or two wetland locations. Also, please indicate what observations or sampling will take place at the wetland site(s). • Consistent Monitoring: Please include a schedule for the monitoring throughout the five year period. Please specify the time period for each quarterly visit. Also, please speck what will occur during the "more frequent observation " during May through September. • Consistent Monitoring: Please explain how you will assess the "presence of aquatic life diversity at each stream sampling point. " • Consistent Monitoring: The "water quality " parameters listed do not match the "quantifiable parameters " listed on your sampling form. Please include the full list of parameters to be tested in both the description and the samplingform. Again, please refer to the attached table for DWQ recommendations. • Sampling Form: DWQ recommends developing a different sampling form for the stream, wetland and lake sites since different parameters will be measured at each. • Sampling Form: Please add a statement attesting that the information collected is true, accurate and complete and a space for a signature of the person collecting the samples and making the observations. An example is given below: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Signature of Permittee) (Date) DWQ will modem Condition 9 as follows: ... This shall include a schedule for routine monitoring to compare seasonal inflow water quality standards to lacustrine conditions on an annual basis, in perpetuity for five years following completion of the dam. An annual monitoring report with results of four seasonal sampling efforts shall be provided to this Office beginning one year following completion of the dam. At the end of five years of monitoring, DWQ will evaluate the need for continued monitoring based on infonnation received in the annual monitoring reports. Mr. David Levinson Page 4 of 5 September 30, 2011 This letter only addresses your concerns with Conditions 6, 7 and 9, of your 401 Water Quality Certification. This letter does not authorize any impacts to wetlands, waters or protected buffers nor does it approve your request to modify your Certification. Please respond within thirty (30) calendar days. If you have any questions or would like to set up a meeting to discuss these matters, please contact me at 919-807- 6360 or Ian McMillan at 919-807-6364. Sincerely, Karen Higgins, Supervisor- Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit KH/ijm cc: Crystal Amschler, U.S. Army Corps of Engineers - Wilmington Regulatory Field Office Chad Turlington, DWQ Fayetteville Regional Office File Copy Chris Huysman, WNR, P.O. Box 1492, Sparta, NC 28675 Filename: 042019Ver3AndersonCreekDevelopment(Hamett)Response to 9_14_11_correspondence_from_WRC Mr. David Levinson Page 5 of 5 September 30, 2011 DWO Recommended Sampling: Parameter Stream Lake Bottom Depth N/A Yes Temperature -0.1 meter below surface -0.1 meter below surface and at 1 meter intervals to the lake bottom Dissolved Oxygen -0.1 meter below surface -0.1 meter below surface and at 1 meter intervals to the lake bottom pH -0.1 meter below surface -0.1 meter below surface and at 1 meter intervals to the lake bottom Specific -0.1 meter below surface -0.1 meter below surface and at 1 meter Conductance intervals to the lake bottom Secchi Depth N/A Yes Fecal Coliform Grab sample taken -0.1 meter Grab sample taken -0.1 meter below the below the surface surface Turbidity Grab sample taken -0.1 meter Photic Zone (twice the secchi depth) Composite below the surface Sampling: For more information on sampling, field measurements and QA/QC procedures, please refer to the methods outlined in the DWQ Intensive Survey Unit's Physical and Chemical Monitoring Standard Operating Procedure, available online at http://www.esb.enr.state.nc.us/documents/PHYSICAL- CHEMICAL%20SOP.pdf. Analyses: A list of certified laboratories is available at http://portal.nedenr.org/web/wq/lab/cert/certiablists. For more information on sample handling, preservation and analysis, please refer to the methods outlined in the DWQ Laboratory Section's Sample Submission Guidance Document, available online at http://portal.ncdenr.org/c/document librarv/get file?uuid=92a278e5-f75a-4e42-9be5- 282ac0216b2a&groupld=3 8364.