20042019 Ver 3_More Info Letter_20110125

CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 25, 2011
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. David Levinson
125 Whispering Pines Lane
Spring Lake, NC 28390
DWQ Project # 04-2019, Ver. 3
Harnett County
Subject Property: Anderson Creek Development
South Prong Anderson Creek [030614, 18-23-32-2, C]
REQUEST FOR MORE INFORMATION
Dear Mr. Levinson:
On November 9, 2010, the Division of Water Quality (DWQ) received your application dated November
28, 2010, with Public Notice issued by the USACE on December 23, 2010, and received by the DWQ
December 23, 2010, to fill or otherwise impact 14.23 acres of 404/wetland, incorrectly reported as 12.98
acres in your Public Notice (1.25 acres dam fill, and 9.88 acres flooding, and 1.29 acres roadway
construction, and 1.81 utility installation), and 1,512 linear feet of perennial stream (374 linear feet dam
fill, 590 linear feet flooding, 268 linear feet roadway construction, 280 linear feet utility installation), and
1,191 linear feet of intermittent stream (194 linear feet roadway construction, 874 linear feet flooding,
123 linear feet utility installation), to construct the proposed Anderson Creek Development at the site.
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 five
copies of the additional information requested below, we will place this project on hold as incomplete
until we receive this additional information. If we do not receive the requested information, your project
will be formally returned as incomplete. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. Your compensatory mitigation plan is not satisfactory. Please provide an appropriate
comprehensive and complete mitigation plan.
2. To DWQ's knowledge, a geotechnical study has not been performed within the area identified for
the proposed "sailing lake." This Office has concerns regarding whether a lake is truly feasible in
this area, and strongly encourages such a study be undertaken. Please comment.
3. It is our understanding that several years ago DWQ had concerns that this lake was being
proposed in an area that included an impressive stand of Atlantic white cedar. It is unclear if the
current proposed "sailing lake" is located in the area that includes the aforementioned stand of
Atlantic white cedar?
Wetlands, Buffers, Stornwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http:l/portal.ncdenr.org/web/wq/vvs
An Equal Opportunity 1 Affirmative Action Employer
1
Mr. David Levinson
Page 2 of 5
January 25, 2011
4. On page 3 of 6 of the application under 18. Nature ofActivity (Project Description), the
applicant states, "Proposed amenities include a tennis center, small recreational parks, and a 40-
acre public access lake to accommodate the establishment of a sailing school and beach areas."
and on page 5 of 6 of the Public Notice under 23. Avoidance, Minimization, and Compensation,
you state "smaller more dispersed ponds are not conducive to providing organized swimming
under the supervision of lifeguards. " The proposed lake is located in Class C waters which are,
"waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption,
aquatic life including propagation, survival and maintenance of biological integrity, and
agriculture. Secondary recreation includes wading, boating, and other uses involving human
body contact with water where such activities take place in an infrequent, unorganized, or
incidental manner. " Will you be seeking a re-classification of the surface water to "B"? Class
"B" waters are, "waters protected for all Class C uses in addition to primary recreation. Primary
recreational activities include swimming, skin diving, water skiing, and similar uses involving
human body contact with water where such activities take place in an organized manner or on
a frequent basis."
5. Are the proposed lakes to be located in streams that contain migrating or spawning fish? Please
provide documentation of any studies or data collected that indicate that no fish species spawn in
the stream segments proposed for impact.
We would like to hear from the applicant on how they propose to maintain water quality
standards upstream from the impoundment, within the entire impoundment, and downstream of
the impoundment. The explanation provided is insufficient.
7. This Office will need to see the applicant's complete and comprehensive lake design and dam
details.
Will the lake shoreline be a natural shoreline or an "armored" shoreline (having installed
bulkheads/seawalls)?
9. On page 3 of 6 of the Public Notice under 23. Avoidance, Minimization, and Compensation, this
Office believes there is an intent to dismiss several State regulations as "inappropriate" or "not
applicable" based upon the assumption of natural condition. First, an impoundment is not a
"natural condition". With that said, impoundments once completed, would be held to water
quality standards in accordance with NC 15A NCAC .0213 and federal Clean Water Act
provisions. One comment relating to applicability of a water quality standard notes that "the
violation of the numerical water quality standard (temperature, pH, etc) would need to
compromise the use before a violation is incurred: in other words, the violation would occur only
after the water could no longer be able to support aquatic life (i.e. dead fish are floating on the
lake), wildlife, or be used for recreation (i.e. can't sail a boat due to algae)." This statement is
incorrect. An exceedence of a water quality standard that precludes "aquatic life propagation and
maintenance of biological integrity" on a short or long term basis is indeed a violation of water
quality standards. The regulations do not allow for fish to die before determining that a water
body is not supporting its designated use, and in fact would defeat the purpose of water quality
standards protecting wildlife and biology before mortality or extreme stress occurs.
10. Please locate the project boundaries on the most recent bound and published Harnett County soil
survey and the USGS 1:24,000 topographic map for the project.
11. Please re-submit your site plans on full plan sheets at a scale of no smaller than 1 "=50' with
topographic contours shown.
Mr. David Levinson
Page 3 of 5
January 25, 2011
12. Please provide cross section details showing the provisions for aquatic life passage.
13. Please provide building envelopes for all lots with wetlands and/or streams on the site plans.
14. Please indicate all existing and proposed lot layouts as overlays on the site plan. Additionally,
please indicate which lots are sold.
15. Please locate any planned sewer lines on the site plan. Additionally, please comment on whether
there are any septic fields within the Anderson Creek development.
16. Please indicate all proposed stream or wetland driveway crossings on your plan sheet (including
future proposed).
17. Please indicate all stream impacts including all fill slopes, dissipaters, and bank stabilization on
the site plan.
18. Please indicate all wetland impacts including fill slopes on the site plan.
19. Please locate all isolated or non-isolated wetlands, streams, and other waters of the State as
overlays on the site plan.
20. Please provide a qualitative indirect and cumulative impact analysis for the project. Please see
DWQ's policy for guidance on our website at: http://portal.ncdenr.org/web/wq/swp/ws/40 I /policies
21. Please assess the need for a storm water management plan (SMP) on the site. Please comply with
the requirements set forth below. In addition, the applicants shall follow the procedures
explained in Protocol for Stormwater Management Plan (SMP) Approval and Implementation
that is in place on the date of the submittal of the SMP.
A. Project Density: Projects with SMPs that require 401 Oversight/ Express Unit approval
shall be classified as either Low or High Density according to the criteria described below.
1. Low Density: A development shall be considered Low Density if ALL of the
following criteria are shown to have been met.
a. The overall site plan, excluding ponds, lakes, rivers (as specified in
North Carolina's Schedule of Classifications) and saltwater wetlands
(SWL), must contain less than 24% impervious surface area considering
both current and future development.
b. All stormwater from the entire site must be transported primarily via
vegetated conveyances designed in accordance with the most recent
version of the NC DWQ Stormwater BMP Manual.
c. The project must not include a stormwater collection system (such as
piped conveyances) as defined in NCAC 2B .0202.
d. If a portion of project has a density greater than 24%, the project shall be
considered low density as long as the higher density portion of the
project complies with Items 1-3 above and the higher density area is
Mr. David Levinson
Page 4 of 5
January 25, 2011
located in upland areas and away from surface waters and drainageways
to the maximum extent practicable.
II. High Density: Projects that do not meet the Low Density criteria described
above are considered to be High Density, requiring the installation of appropriate
BMPs as described below.
a. All stormwater runoff from the site must be treated by BMPs that are
designed, at a minimum, to remove 85 percent of Total Suspended Solids
(TSS).
b. In addition to controlling 85 percent of TSS, projects requiring located in
watersheds that drain directly to waters containing these supplemental
classifications shall meet the following requirements:
Water Quality Stormwater BMP
Supplemental Classification Requirement
§303(d) Project-specific conditions may be added
by the Division to target the cause of the
water quality impairment.
NSW A minimum of 30 percent total phosphorus
and 30 percent total nitrogen removal.
Trout (Tr) A minimum of 30 percent total phosphorus
and 30 percent total nitrogen removal;
BlvlPs should also be designed to minimize
thermal ollution.
All BMPs must be designed in accordance with the most recent version
of the NC Division of Water Quality Stormwater Best Management
Practices Manual. Use of stormwater BMPs other than those listed in
the Manual may be approved on a case-by-case basis if the applicant can
demonstrate that these BMPs provide equivalent or higher pollutant
removal.
B. Vegetated Buffer: In areas that are not subject to a state Riparian Area Protection Rule, a
30-foot wide vegetated buffer must be maintained adjacent to streams, rivers and tidal waters
as specified below.
a. The width of the buffer shall be measured horizontally from:
i. The normal pool elevation of impounded structures,
ii. The streambank of streams and rivers,
iii. The mean high waterline of tidal waters, perpendicular to shoreline.
b. The vegetated buffer may be cleared or graded, but must be planted with
and maintained in grass or other appropriate plant cover.
c. The DWQ may, on a case-by-case basis, grant a minor variance from the
vegetated buffer requirements pursuant to the procedures set forth in 15A
NCAC 02B.0233(9)(h).
Mr. David Levinson
Page 5 of 5
January 25, 2011
d. Vegetated buffers and filters required by state rules or local governments
may be met concurrently with this requirement and may contain coastal,
isolated or 404 jurisdictional wetlands.
C. Stormwater Flowing to Wetlands: Stormwater conveyances that discharge to wetlands
must discharge at a non-erosive velocity prior to entering the wetland during the peak flow
from the ten-year storm.
D. Phased Projects: The DWQ will allow SMPs to be phased on a case-by-case basis, with a
final SMP required for the current phase and a conceptual SMP for the future phase(s). If the
current phase meets the Low Density criteria, but future phase(s) do not meet the Low
Density criteria, then the entire project shall be considered to be High Density.
Please submit this information or otherwise address this request within 30 calendar days of the date of this
letter. If we do not receive this requested information within 30 calendar days of the date of this letter,
your project will be withdrawn and you will need to reapply with a new application and a new fee.
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. Ian McMillan at 919-807-6301 if you have any questions or would
like to set up a meeting to discuss this matter.
Sin rel ,
I
Ian McMillan, Acting Supervisor
Acting Supervisor - Wetlands, Buffers, Stormwater,
Compliance and Permitting Unit (WeBSCaPe)
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: 042019 Ver3AndersonCreekDevelopment(Hamett)On_Hold
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the cans to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
USACE 1/25/11
BRAD SHAVER ACTING FIELD CHIEF
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVE
WILMINGTON NC 28403
T)y-a�\a V3 N0,-�etit
yy JALI Agent
C Addressee _
All
iv C.Dateof Delivery
1/f� I;*..- ( r
D. Is delivery address different from item 1? VYes
If YES, enter delivery address below: PJ No
3. Service Type
*4Certified Mail ❑ Express Mail
❑ Registered ' 0 -Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number-
(Pansfer from service label) 7010 3090 0003 4068 7800
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

UNITED STATES PSQ$—W,- RV{C - .: -
._. : :' .;� , - `�"'`'�; First -Class Mail
Postage & Fees Paid
s USPS
G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR DWQ
401 OVERSIGHT/EXPRESS UNIT
1650 MAIL SERVICE CENTER
RALEIGH NC 2/699-1650
��-�lftlIl�tIF�tl�lflf�}}�}i'?llfti�}��II}1?�111it31i�!?fIltf�3fF r!

,mplete items 1, 2, and 3. Also complete
=m 4 if Restricted Delivery is desired,
int your name and address on the reverse
that we can return the card to you.
.ttach this card to the back of the mailpiece,
,r on the front if space permits.
Article Addressed to:
IVIR DAVID LEVINSON 1/25/1)
125 WHISPERING PINES LANE
SPRING LAKE NC 28390
DWQ 04-2019 V3 HARNETT CO
ICOMPLETE THIS SEC
it r enter delivery address below:
Certified Mail ❑ Express Mail
❑ Registered �eturn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restrictari nor
-, Article Number J—a reed ❑ Yes
(Fransfer from service label) 7 010 3090 0003 4068 7 81, 7
''F"n" 3811, ry 1004
February Domestic Return Receipt
102595-02-M-1540:

`tuumR First -Class Mail
UNITED STATES POSTAI ;RVICF
Postage &Fees r
USPS
�.
Permit ,No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DE1'1'R1 A'Q
a0I C)", cl'.� ��EXEi�ES' Uf;l!
1650 fVlAll_ ;LRVICE CENTER
RALEIGH NC 27699-1650
1i31£113££1,11!£!AIfiJIM4l�Il1�!!l�iltllFtiiSlfi131££li££ �