20080546 Ver 1_More Info Received_20080602

ENV
EI>r1/?OI111'1 Consu?lllg SE?1/IC?S Inc.
May 30, 2008
Mr. Kevin Barnett
Surface Water Protection Section
2090 US Hwy. 70
Swannanoa, NC 28778
RE: Winkelman-Buckeye Rd. Property
Avery County, NC
DWQ Project #08-0546
Dear Ms Karoly,
DENR .'WATER QUAsJ ? '
WETLANDS AND STQRMWA T ER SRANGH
This letter is in response to a letter, addressed to the Applicant, from Mr. Roger Edwards dated May, 19
2008 (a copy of the 5-19-08 letter is attached for your reference). In this letter we will provide the
additional information requested to address the issues of cumulative impacts, alternatives and
minimization of impacts relative to the referenced project.
Background: The Winkelman-Buckeye Road Property project involves an approximate 20 acre parcel
of land in northwestern Avery County. The Winkelman's purchased the subject property in early 2008,
the 20 acres purchased was part of an approximate 35 acre tract owned by Gale and Clint Harmon.
The Harmon' retained approximately 14.5 acres of the original tract; the retained portion is located
south of the Winkelman tract and would be land-locked without the easement dedicated across the
Winkelman tract that will allow the Harmons permanent access to their property. The Wiinkelman's
intend to construct a single family residence for themselves and another for a family member on this
property. In addition, the Winkelman's intend to sell an approximate 4 acre tract at the top of the
mountain. The Wiinkelman's have coordinated this proposed activity with Avery County officials.
According to Avery County, the proposed activity is not considered a subdivision under the County's
rules. However, because of the number of possible dwellings that can be accessed from the
Winkelman's driveway, a driveway permit from the NC DOT was required.
The proposed pond has been located in the lower comer of the existing hay field. This area was filled
many years ago and contains tree stumps, construction debris, and other non-toxic debris. The
construction of the pond will remove much of the debris to create a pond with surface area of
approximately 0.4 acres. As much as half of the perimeter of this pond will be shallow and will promote
the establishment of a wetland fringe. The proposed pond has been designed to provide open water
habitat to compliment the existing 2.3 acres of seep, marsh, and emergent wetlands already on the
site. The Winkelman are very interested in bird watching, canoeing, and fishing and hope the pond will
serve these interests at their home.
ADDITIONAL INFORMATION REQUESTED:
1: Cumulative Impacts:
The proposed project will result in only 3 single family residences on a 20 acre parcel. The project is not
considered a subdivision according to the Avery County Planning Department. The Driveway permit
from NC DOT was required because the number of dwelling units that could potentially be accessed
from the existing driveway exceeds two. Given the low intensity of the proposed project, it is reasonable
to conclude that changes in runoff characteristics, resulting from this project, will not cause any
downstream water quality degradation or violation of water quality standards.
643 Greenway Road
SuNe K-3
Boone, NC 28607
Ph: 828-2648880
Fax: [phone]
e-mail: [e-mail]
Ms Cyndi Karoly
401 Permitting Unit
2321 Crabtree Blvd. Suite 250
Raleigh, NC 276042260 0 LE @ LS Ow Pm Do
AN 2 2068
• Page 2 May 30, 2008
The proposed pond will be fed from an existing 4" flexible pipe that runs under a hay field to a small
seep wetland. The pond will have a surface area of approximately 0.4 acres, most of which will be
located over uplands, and an average depth of approximately 4 feet. There may be some warming of
the pond water. However, the pond will discharge directly to a large, shallow (< 2' deep) emergent
wetland. The water in this shallow wetland will also be warmed, perhaps to a greater degree than the
pond water. The water from the emergent wetland drains, at the property line, to a ditch that runs
across an open field (no shade) for at least 250 feet before passing through a culvert under Buckeye
Road and draining into Beech Creek. Based on these conditions it is reasonable to conclude that
thermal effects to the receiving stream from the pond will be negligible.
2. Alternatives Analysis:
The original application listed several reasons why the proposed pond has been located as shown on
drawings included in the PCN. These include: utilization of the existing berm, minimization of wetland
impacts, and proximity to the existing drain pipe. In addition to these points, we will provide further
justification and discuss the no-build option.
No-Build Option: The applicant is an avid bird watcher and nature lover and purchased this property in
large part because of the existence of the large emergent wetland and the possibility of expanding and
diversifying the habitat values of the site. The possibility of creating an expanded open water habitat
adjacent to the emergent wetland was considered a way to enhance the wildlife habitat value of the site
and has never been considered an activity that would cause impact in this location. The applicant also
wishes for the opportunity to fish and recreate at this location. The proposed pond would satisfy these
project goals. The no-build option would not allow the applicant to fully realize the primary purpose of
the project.
Alternate Locations: Originally the applicant wanted to construct a pond in the area of the emergent
wetland. The applicant was convinced not to pursue this plan because it would cause extensive
disruption to the existing wetland and would not increase the total amount of aquatic habitat on the site.
Construction of an off-line pond in the lower area of the field was also considered but because of the
large amount of debris (tree stumps, construction debris, etc.) buried in this area the cost of
construction was much higher and the ability of the lower dam to hold water without a liner was in
question. The proposed pond location lessens the amount of excavation required, connects to the
available water source (the existing under drain pipe) at a lower point, makes use of the existing berm,
and blends in to the site in a more appealing and functional manner.
Reduced Size of Pond: The original pond size desired by the applicant was an acre or more. The
currently proposed pond will have a surface area of approximately 0.4 acres. This reduced size
represents a reduction of impacts of approximately 0.6 acres, given that the initial location of the pond
was to be in the emergent wetland. A pond with a surface area of less than proposed will begin to limit
the ability of the applicant to use the pond as desired. Specifically, the applicant wants to be able to fish
and recreate, a smaller pond would limit the ability to canoe or kayak. A smaller pond in the proposed
location would not significantly reduce impacts given that almost all of the excavation to be performed
in creating the pond will occur in uplands.
3. Minimization of Impacts:
The pond originally proposed by the applicants was substantially larger than the currently proposed
pond and was located in the large emergent wetland. The applicant was convinced not to pursue this
plan because it would cause extensive disruption to the existing wetland and would not increase the
total amount of aquatic habitat on the site. Impacts on the site have been further minimized by the plan
to install a water level control structure at the point where an existing culvert crosses the driveway. This
existing culvert is currently dogged but is installed at an elevation that, if repaired to it's original level of
function, would effectively drain the entire emergent wetland. The applicant understands that such a
repair of an existing, serviceable structure, is within her rights and would be less expensive than
installing a water control structure and a new pipe. It is estimated that the decision to install the water
level control structure will preserve as much as 1.75 acres of emergent wetland and possibly 0.2 acres
of additional wetlands.
• Page 3
May 30, 2008
The area of wetlands proposed to be impacted by the proposed pond is 0.089 acres. The area of the
proposed pond is 0.4 acres. There will be a net gain of approximately 0.3 acres of jurisdictional waters
on the site bringing the total amount of waters on the site to over 2.6 acres.
We hope that the information provided adequately addresses the issues raised in your letter of May 19,
2008. The applicant is eager to proceed with this project as beavers have moved into the emergent
wetland and caused flooding of the existing driveway. It is our belief that this is a good project and will
result in long term preservation and enhancement of existing wetlands. Through the commitments
made in this letter and the original application, the applicant has already demonstrated her propensity
to be a good steward of the environment. We hope that your response to this letter will allow this project
to commence.
If you have any questions please call me at 828-2648880, thank you.
Sincerely,
Jo C. Vilas
President, ENV Environmental Consulting Services Inc.
Cc: Anne Winkelman
?0F \ NA TF9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
co Notth Carolina Department of Environment and Natural Resources
Coleen R Sullins, Director
Division of Water Quality
May 19, 2008
DWQ Project # 08-0546
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Anne Winkleman
315 Lazy Bear Trail
Valle Crucis, North Carolina 28691
Subject Property: Winkleman - Buckeye Road Property
Beech Creek, Avery County
REQUEST FOR MORE INFORMATION
Dear Mrs. Winkleman:
On April 11, 2008, the Division of Water Quality (DWQ) received your application to impact
0.089 acres of wetlands to construct the proposed impoundment on your property. The
DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will
have to move toward denial of your application as required by 15A NCAC 2H .0506 and
will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. 15A NCAC 02H .0506 (b)(4) requires that any project not result in cumulative [or
secondary] impacts. As part of the submitted information states that the road will be
upgraded to 16 feet wide (such as a subdivision road), a qualitative analysis of
cumulative impacts must be performed in accordance with
htti3://www.ncwateraualitv.ora/ncwetiands/documents/Interim l nternalPolicvCumulative lMD
act.doc
2. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be demonstrated.
While alternative sites have been discussed in your application, no discussion in regards
to developing the project without the impoundment, or a significantly reduced
impoundment (or offline impoundment), has been presented. A discussion regarding
practical alternatives with respect to a reduction of impacts must be presented.
3. 15A NCAC 02H .0506 (g) requires a demonstration of minimization of impacts. As
discussed in item number 2, impact minimization has not been sufficiently addressed. A
discussion regarding the minimization of impacts must be presented.
NcfehCaro' a
J?a`tura!'p
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
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Winkleman - Buckeye Road Property
Page 2of2
May 19, 2008
Please respond before June 13, 2008 by sending this information to both the 401
Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before June 13, 2008, we will assume that you no longer want
to pursue this project and we will consider the project as withdrawn.
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 Mr. Kevin
Barnett at 828-296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCE1khb
cc: John Vilas, ENV-ECS, Inc
643 Greenway Road, Suite K-3
Boone, NC 28607
401 Permitting Unit, Central Office
USACE Asheville Regulatory Field Office
Ron Linville, Wildlife Resources Commission
File Copy
Central Files
Filename: 08-0546.Winkleman-BuckeyeRoadProperty.Add-Info