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HomeMy WebLinkAbout20191652 Ver 1_More Info Requested_20200122Strickland, Bev From: Homewood, Sue Sent: Wednesday, January 22, 2020 2:00 PM To: Brad Luckey; Greg Garrett Cc: David.E.Bailey2@usace.army.mil Subject: RE: [External] RE: Request for Additional Information: Meadow Valley s/d, High Point, Guilford Co.; SAW-2018-02095 Attachments: 20191652 Ver 1-Stream Determination_20180723.pdf Hello Brad/Greg, A couple quick questions on the new plans: The overall plan sheet text indicates that there are "stormwater ponds" but I only see one pond (I think, based on the scale I'm not quite certain). Can you please provide a plan sheet that shows the location of all stormwater ponds within the development at a clear scale. Based on the stream determination documents I have (attached), stream SE was determined to be perennial (Pilot map) but I think it is shown as intermittent in the application documents. Can you please clarify/double check. Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue. Homewood@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 -----Original Message ----- From: Brad Luckey <bluckey@pilotenviro.com> Sent: Thursday, January 9, 2020 12:24 PM To: David. E.Bailey2@usace.army.mil; Greg Garrett <greg@shugartmanagement.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: [External] RE: Request for Additional Information: Meadow Valley s/d, High Point, Guilford Co.; SAW-2018- 02095 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> David and Sue --please utilize these attachments. We caught some discrepancies in impact numbers on the overall map that was previously provided and to avoid confusion I wanted to re -send. No other changes outside of updated impact numbers on the overall impact drawing. I apologize for the inconvenience. Thanks. Sincerely, Bradley S. Luckey, PWS 336.708.4997 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.pilotenviro.com bluckey@pilotenviro.com -----Original Message ----- From: Brad Luckey Sent: Wednesday, January 8, 2020 11:18 AM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Greg Garrett <greg@shugartmanagement.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: RE: Request for Additional Information: Meadow Valley s/d, High Point, Guilford Co.; SAW-2018-02095 Good Morning David, On behalf of the applicant, please find the attached information and below responses. Please let me know if you require additional information. Thanks. USACE Comment 1) Please note that stream and wetland impacts for additional phases of the Meadow Valley s/d were authorized via NWP 29 and 12 on 9/12/2007. However, based on evaluation of the previously permitted plans, our site visit in 2018, and the most recent aerial photography, none of the authorized impacts were constructed. Further, the NWP 29 and 12 verification dated 9/12/2007 has since expired. As such, the currently proposed stream and wetland impacts will be evaluated as the entirety of proposed impacts for the Meadow Valley single and complete project Applicant Response: The applicant acknowledges. 2) Provide a plan view of the lot layout and infrastructure (roads, utilities, stormwater, etc.) for the entire proposed Meadow Valley s/d overlaid on a survey of the stream and wetland delineation approved by the Corps. This plan is necessary to evaluate avoidance and minimization measures and potential indirect impacts for the project Applicant Response: Please see attached. 3) Is rip rap proposed to be placed in the stream channel associated with Crossings A or B? If so, include the rip rap on the plan and profile views of these crossings, and ensure that the stream and/or wetland impacts associated with rip rap is included and itemized clearly on the PCN and plans. Applicant Response: Please see attached. 4) Include a graphic (not text) scale on all plan sheets Applicant Response: Please see attached. 5) Crossing A plans: a. The PCN proposes 108 Lf. of stream impacts. However, the profile drawing shows the footprint of the culvert and headwalls to be 111 Lf. Further, it the stream has any sinuosity the actual stream length impacted by the culvert and headwall footprint would exceed the length of the structure. Please re-evaluate all proposed impacts and update the PCN and plans accordingly Applicant Response: Please see attached. b. The plan view appears to show that the pipe is aligned such that the outlet occurs outside of the existing channel. If the culvert pipe will be aligned such that the inlet and outlet are in -line with the existing stream channel, please update the mapping to depict accurately. If not, please update your plans to meet this requirement (Regional Condition 3.6.1) Applicant Response: Please see attached. C. The profile view twice shows "Existing 'Intermittent' Stream Invert." Change to "Existing 'Perennial' Stream Invert." Applicant Response: Please see attached. 6) Crossing B plans: a. Clearly show the center line of the intermittent stream on the plan view Applicant Response: Please see attached. b. Provide a profile view for this proposed crossing Applicant Response: Please see attached. 7) Temporary impacts: a. For the proposed temporary wetland impact, clarify that the wetland will be restored such that the top 12" of wetland soil will be segregated and placed back as the top 12" of soil upon restoration of this wetland area Applicant Response: Please see attached. b. Provide the proposed seed mix to be used in the restoration of temporary wetland and stream impacts Applicant Response: Please see attached. 8) Please note that responses to the items above (especially item 2) may prompt additional information requests to allow full evaluation of the proposed project. Applicant Response: The applicant acknowledges. Sincerely, Bradley S. Luckey, PWS 336.708.4997 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.pilotenviro.com bluckey@pilotenviro.com -----Original Message ----- From: Bailey, David E CIV USARMY CESAW (USA)[maiIto: David. E.Bailey2@usace.army.mil] 3 Sent: Tuesday, December 31, 2019 11:51 AM To: Brad Luckey <bluckey@pilotenviro.com>; Greg Garrett <greg@shugartmanagement.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: RE: Request for Additional Information: Meadow Valley s/d, High Point, Guilford Co.; SAW-2018-02095 Hi Brad, and thanks for the question. As you point out, there are various NWP General and Regional Conditions that address restoration of temporary impacts; 3 of which are cited below. The information provided in the PCN did not allow me to confirm that these conditions would be met (3.11 in particular), and it is within my discretion to request this information in order to ensure that they are. NWP General Conditions: 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 23(a). The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site) NWP 29 regional Conditions: 3.11 Restoration of Temporary Impacts to Stream Banks Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre -project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and shrubs are to be utilized in the restoration. Thanks again, and have a great 2020. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Brad Luckey [mailto:bluckey@pilotenviro.com] Sent: Monday, December 30, 2019 10:38 AM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Greg Garrett <greg@shugartmanagement.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: [Non-DoD Source] RE: Request for Additional Information: Meadow Valley s/d, High Point, Guilford Co.; SAW- 2018-02095 David -a little clarity please on request 7b. I am unfamiliar with the regulations that require seeding mixes to be provided. I am familiar with temporary impact restoration requirements in general condition 13 of NWP 12/29 and regional conditions 3.10 and 3.11. Please advise. Thanks. Sincerely, Bradley S. Luckey, PWS 336.708.4997 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.pilotenviro.com <Blockedhttp://www.pilotenviro.com/> bluckey@pilotenviro.com<maiIto: bluckey@pilotenviro.com> From: Bailey, David E CIV USARMY CESAW (USA)[maiIto: David. E.Bailey2@usace.army.mil] Sent: Friday, December 20, 2019 9:52 AM To: Greg Garrett <greg@shugartmanagement.com>; Brad Luckey <bluckey@pilotenviro.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: Request for Additional Information: Meadow Valley s/d, High Point, Guilford Co.; SAW-2018-02095 Messrs. Garrett and Luckey, Thank you for your PCN and attached information, dated and received 11/26/2019, for the above referenced project. I have reviewed the information and need clarification before proceeding with verifying the use of Nationwide Permit 29 (Blockedhttp://saw-reg.usace.army.mil/NWP2017/2017NWP29.pdf). Please submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and close the file: 1) Please note that stream and wetland impacts for additional phases of the Meadow Valley s/d were authorized via NWP 29 and 12 on 9/12/2007. However, based on evaluation of the previously permitted plans, our site visit in 2018, and the most recent aerial photography, none of the authorized impacts were constructed. Further, the NWP 29 and 12 verification dated 9/12/2007 has since expired. As such, the currently proposed stream and wetland impacts will be evaluated as the entirety of proposed impacts for the Meadow Valley single and complete project; 2) Provide a plan view of the lot layout and infrastructure (roads, utilities, stormwater, etc.) for the entire proposed Meadow Valley s/d overlaid on a survey of the stream and wetland delineation approved by the Corps. This plan is necessary to evaluate avoidance and minimization measures and potential indirect impacts for the project; 3) Is rip rap proposed to be placed in the stream channel associated with Crossings A or B? If so, include the rip rap on the plan and profile views of these crossings, and ensure that the stream and/or wetland impacts associated with rip rap is included and itemized clearly on the PCN and plans; 4) Include a graphic (not text) scale on all plan sheets; 5) Crossing A plans: a. The PCN proposes 108 I.f. of stream impacts. However, the profile drawing shows the footprint of the culvert and headwalls to be 111 I.f. Further, it the stream has any sinuosity the actual stream length impacted by the culvert and headwall footprint would exceed the length of the structure. Please re-evaluate all proposed impacts and update the PCN and plans accordingly; b. The plan view appears to show that the pipe is aligned such that the outlet occurs outside of the existing channel. If the culvert pipe will be aligned such that the inlet and outlet are in -line with the existing stream channel, please update the mapping to depict accurately. If not, please update your plans to meet this requirement (Regional Condition 3.6.1); The profile view twice shows "Existing 'Intermittent' Stream Invert." Change to "Existing 'Perennial' Stream Invert." 6) Crossing B plans: a. Clearly show the center line of the intermittent stream on the plan view; Provide a profile view for this proposed crossing; 7) Temporary impacts: a. For the proposed temporary wetland impact, clarify that the wetland will be restored such that the top 12" of wetland soil will be segregated and placed back as the top 12" of soil upon restoration of this wetland area; Provide the proposed seed mix to be used in the restoration of temporary wetland and stream impacts; 8) Please note that responses to the items above (especially item 2) may prompt additional information requests to allow full evaluation of the proposed project. Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil<maiIto: David. E.Bailey2@usace.army.mil> We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: Blockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. NORTH CAROUNA ROY COOPER ,EnOeonmertralQuarrty c MI HAEL S. REOAN Se—tary UNDA CULPEPPER In fcrim Arecw July 23, 2018 Mr. Michael Brame Pilot Environmental Inc. P.O. Box 128 Kernersville, NC 27285 Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) Subject Property: Meadow Valley Subdivision, High Point NC, Guilford County Dear Mr. Brame: On July 10, 2018, at your request, Sue Homewood conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. David Bailey with the US Army Corps of Engineers was also present during the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached sketch accurately depicts all stream determinations conducted during the site visit. Please note that at the time of this letter, all perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. In addition, the Randleman Lake Buffer Rules may apply to some streams at this location, please be sure to contact the local government for further information regarding the Randleman Lake Buffer Rules The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. North Carolina Department of Environmental Quality I Division of Water Resources 450 W. Hanes Mill Rd, Winston-Salem, NC 27107 336.776-9800 Page 2 of 2 Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue.homewoodgncdenr. gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Pilot Environmental Stream Map Cc: Shugart Enterprises LLC (connie@shugarthomes.net) David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston-Salem Regional Office Drawing U3GSTopographic Map !' KernersviUe, NC Quadrangle Scale: l" = 3,000' 0 m—`mm���,m ',° M ^-�~�~ 0 P 1 fq��7' LEGEND Site Boundary USGS Topographic Map Meadow Valley Subdivision Approxinnate45 Acre Tract High Point, Guilford County, NC FLAG NUMBERS/INFO WETLAND FLAGS = STREAM FLAGS = C Stream Flags = 40 Wetland Flags = 115 Total Flags = 155 ISA 1-5 ■ ESA 1-5 \ e SC — Not Flagged \ s SE 1-15 WB 1-62 / WC 1-3 DP-1 WCA 1-4 DP-2 O 0 SB 1-8 \ WBA 1-29 SD 1-7 W D 1-7 WA 1-10 I u :1 MON-0 1 LL`LIUM Site Boundary ■ ■ ■ ■ ■ ■ Intermittent Stream Perennial Stream Wetland SA 1-5 Flag Number DP-1 O Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY AND APPROXIMATE. THEY WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON JULY 10, 2018.. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED. Drawing 5 Wetland Map Aerial Imagery from ESRI Meadow Valley Subdivision and Pilot Field Notes Scale: 1" - 500' Approximate 45 Acre Tract �� "" High Point, Guilford County, NC Date:5.23.18 �' PII®®� PILOT ENVIR0NMENTAL,INC Pilot Project3736 Revised: 7.12.18