HomeMy WebLinkAbout20042019 Ver 3_More Info Received_20120730Wetland and Natural Resource
Consultants
July 25, 2012
Ms. Crystal Amschler
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403 -1343
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RE: Anderson Creek South Development, Harnett County, North Carolina
Action ID No. SAW - 2006 -41244
NC DWQ Project #0 4 -2019
Dear Ms. Amschler,
The purpose of this letter is to request modifications to the Anderson Creek Club permit that will
provide flexibility to the applicant while preserving the high levels of environmental protection and
regulation established by the issued permit.
The requested modifications would allow the applicant to:
• Commence road construction through wetlands without the immediate burden of
mitigating for the entire project.
• Conduct site - specific mitigation consistent with the specific permission granted in the 401
Water Quality Certification issued by the state of North Carolina in November 2011.
• Redistribute approved wetland and stream impacts to facilitate two additional road
crossings to access high ground while not increasing the already permitted impacts to
wetlands and streams.
Mitigation Modifications
Special Condition M mandates that all in -lieu mitigation fees be paid in full to the NC Ecosystem
Enhancement Program before any work in Water of the US can be done. The applicant requests that the
condition be re -written such that any and all available and approvable mitigation options might be utilized
prior to work in wetlands and streams. The suite of options, in order of Corps preference, being a private
bank, the state in -lieu fee program and or site specific mitigation.
The applicant proposes that an approved mitigation option be exercised prior to actual construction at the
approved impact site. The applicant suggests that they provide proof of mitigation 30 days prior to the
start of construction. This is generally consistent with Special Condition A which requires that the
applicant provide final engineer drawings 30 days prior to construction.
We believe that modifying conditions A and M will jointly provide more protection if rewritten as
follows (add text that is underlined and remove text that has been stricken through):
WNR
170 Dew Drop Road
Sparta, NC 28675
a) At least 30 days prior to the start of construction within impacted areas, the applicant must
submit final engineer drawings for construction approval by the US Army Corps of Engineers
(USACE) and documentation that mitigation has been satisfied from the North Carolina
Ecosystem Enhancement Program ( NCEEP) or other mitigation provider in accordance with
Special Condition M. No work authorized by this permit should commence until final
approval of such plans has been granted.
m) In order to compensate for impacts to 2,300 linear feet of stream channel and 9.53 acres of
riparian wetlands. The permitee shall make payment to the North Carolina Ecosystem
Enhancement Program ( NCEEP) in the amount determined by the NCEEP sufficient to
perform restoration of 1,568 linear feet of stream channel and 9.53 acres of Riparian, Non -
Riverine wetlands (of Headwater habitat type) in the Cape Fear River Basin, Cataloging Unit
03030004.
Construction within jurisdictional areas on the property shall begin only after the permitee
has made- fl-payment to the NCEEP sufficient to satisfy the mitigation requirement for each
impact location specified under Special Condition A. and provided a copy of the payment
documentation to the Corps and the NC EEP has provided written confirmation to the Corps
that it agrees to accept responsibility for the mitigation work required, in compliance with the
NCEEP In -Lieu Fee Instrument, approved by the United States Army Corps of Engineer,
Wilmington District on July 28, 2010.
If the permitee chooses to pursue an alternative mitigation plan and or purchase wetland
and/or stream credits from a private bank- then they must request a modification to this
permit and the corresponding North Carolina 401 Water Quality Certification (November
8.2011, ) detailing the alternative plan.
Roadway Impact Redistribution Modification
The applicant requests a modification to redistribute approved impacts in order to add two additional
crossings. The current approval is for seven road crossings that impact a total of 1.23 acres of wetlands
and 462 linear feet of streams. As depicted in the table below, the proposed modification would add two
crossings and reduce impacts to wetlands by over 1,300 square feet and reduce stream impacts by 3 linear
feet. Impact locations are depicted in the attached revised figures as R -9 and R -10 on Map 8, Sheet 8.
The additional road crossings are necessary to access high ground that is otherwise landlocked (R -9) and
to provide safe ingress and egress for a large development pod (R -10). These crossings were overlooked
during the initial permit process. Each of these crossings is along a new alignment at locations that do not
have existing roadways.
Stream Impact Table
Impact
Identification
Permitted Impact
Map referenced in issued permit
Proposed Redistribution
Map reference is for this request
R -1
203 (Map 1, Sht. 2 of 7
130 (Map 1, Sht. 2
R -5
65 (Map 2, Sht. 3 of 7
52 (Map 2, Sht. 3
R -6
194 (Map 3, Sht. 4 of 7 )
132 (Map 3, Sht. 4)
R -10
N/A
145 (Map 8, Sht. 8
Totals
462 Linear Feet
459 Linear Feet
2
Wetland Impact Table
Impact
Identification
Permitted Impact
Map referenced in issued permit
Proposed Impact
Map reference is for this request
R -1
0.40 (Map 1, Sht. 2 of 7
0.26 (Map 1, Sht. 2
R -2
0.10 (Map 1, Sht. 2 of 7)
0.07 (Map 1, Sht. 2
R-4
0.14 (Map 2, Sht. 3 of 7
0.09 (Map 2, Sht. 3
R -5
0.17 (Map 2, Sht. 3 of 7
0.16 (Map 2, Sht. 3
R -6
0.16 (Map 3. Sht. 4 of 7
0.07 (Map 3, Sht. 4
R -7
0.15 (Map 4, Sht. 5 of 7)
0.09 (Map 4, Sht. 5)
R -8
0.11 (Map 5, Sht. 6 of 7
0.10 (Map 5, Sht. 6
R -9
N/A
0.06 (Map 6, Sht. 7
R -10
N/A
0.30 (Map 8, Slit. 8)
Total
1.23 Acres
1.20 Acres
The applicant has determined that all road crossings will be constructed with concrete headwalls. The
initial application was made with the understanding that the crossings would utilize conventional fill
slopes. The headwalls will range from 3 feet to 15 feet tall. Attached is a figure that depicts the typical
cross section of a crossing, its headwalls and its energy dissipater.
In the next few weeks the applicant intends to requests construction approval of final engineering
drawings for impact R -8 and for the new impact area R -9. The request would be consistent with our
proposed modifications to Conditions A) and M). Combined these impacts total 0.16 acres of wetlands.
EEP Mitigation Acceptance
Attached is an updated acceptance letter from the NC Ecosystem Enhancement Program: it expires on
December 27, 2012.
In closing, please let me know if there is any additional information that I might be able to provide to
clarify our request for a modification. If you have any questions or comments please feel free to call me
at 336 / 406 -0906.
Best regards,
0Wk0*AfV0--
Chris Huysman
Cc:
Mr. Ian McMillian Congresswoman Renee Ellmers
NC DWQ Wetlands Unit US House of Representative
1650 Mail Service Center 1533 Longworth House Office Building
Raleigh, NC 27699 -1650 Washington, DC 20515 -3302
Representative David Lewis
533 Legislative Office Building
300 N. Salisbury Street
Raleigh, NC 27603 -5925
Mr. Scott Sauer, County Manager
102 East Front Street
Lillington, NC 27546
Senator Kay Hagan
310 New Bern Avenue
Raleigh, NC 27601
Ms. Jenny Hartsock
C/O Kay Hagan
310 New Bern Avenue
Raleigh, NC 27601
Mr. Robbie Oldham
Withers and Ravenel
111 MacKenan Drive
Cary, NC 27511
Mr. Joseph Jefferies, Planning Services
102 East Front Street
Lillington, NC 27546
Governor James Holshouser
100 Market Square
PO Box 1227
Pinehurst, NC 28370
Ms. Phyllis Owens, Director
Harnett County Economic Development
PO Box 1270
Lillington, NC 27546
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WITHERS & RAV E N E L ANDERSON CREEK SOUTH
FNRIYFFOC 1 01 AYYFOC 1 GIIOVFVflOG TYPIrAI STRFAM rROSSINC
David Levinson
Anderson Creek Club
125 Whispering Pine
Spring Lake, NC 28390
Project: Anderson Creek Club Lake
COS stem
PROGRAM
June 27, 2012
Expiration of Acceptance: December 27, 2012
County: Harnett
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) 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 NCEEP 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. You must also comply with all other state federal or local government permits regulations or authorizations associated
with the proposed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
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 Certi6cation/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 in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies.
Impact
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-Riparian
Coastal Marsh
Cape Fear
03030004
0
0
2,300
11.25
0
1 0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716- 1921.
Sincerely,
_61A_
Su a Klimek
Acting Director
cc: Karen Higgins, NCDWQ Wetlands/401 Unit
Ian McMillan, NCDWQ Wetlands1401 Unit
Crystal Amschler- USACE- Wilmington
Chris Huysman, agent
File
Pe tori;tg... E t" our .ftate
... pro
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ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 - 0476 / www.nceep.net