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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 DA- �v l q V3 - l5 JUL 3 0 2012 DENR - Wwf,TER QU�411 etlanda a \ATE TY 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 v z n D Z 0 m X O o n ,o m M N 0 z O = O C Z C C� Y Z 0 K D n -i F� d f Iq o oA F 10 -oo60\100066-A�� cmk Som0 Wed Jul 18. 2012 5:23:20VY N1RQ6 d R4VIEL O1pLAS. FLOPUS t SIMEKIRS 0060 \100066 —Md Cmek South \CM\PLWL Weal Ai 10, 2012 5:26:19PN WMM d RACNEL ENGNEERS. 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PUNNERS h SURVEYORS IMNLIM Mwil ----------- - - - -- A- M-1 tAlk ref m z z z D r D m / m m 4kmO �oM O , r�O Z i 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 t" ENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 - 0476 / www.nceep.net