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HomeMy WebLinkAbout20042019 Ver 3_More Info Received_20110519 r WN;t Wetland and Natural Resource Consultants, Inc. May16,2011 ENR � "DMr. Ian McMillianNC Division Of Water Quality 2011 1650 Mail Service CenterRaleigh,NC 27699 0 QUAI ate(&arch RE: Anderson Creek South Development,Harnett County,North Carolina Action ID No. SAW-2006-41244 NC DWQ Project#0 4-2019 v;3 Dear Mr. McMillian: On March 31,2011 we met in your office to discuss additional information necessary for the review of the Anderson Creek Club's request to construct a lake. Supplemental to our March 9,2011 submittal we are providing the following, 1)an acceptance letter from the NC EEP,2)a copy of the soil survey,3)a commitment to a minimum low flow,and 4)a commitment to engage a lake management firm. Under separate cover you will receive a site plan for Anderson Creek South Phase 1. Site plans for each additional future phase of Anderson Creek South will be submitted to your office for review to ensure compliance with DWQ rules and regulations. NC EEP Acceptance Letter On April 26,2011 the NC Ecosystem Enhancement Program issued a letter accepting mitigation responsibility for up to 4,600 feet of stream mitigation and 22.5 acres of riparian wetland mitigation. This quantity exceeds those determined on our May 5,2011 site evaluation as shown in the table below. Our understanding during the meeting was that there would be no mitigation required for stream flooding but that there would be a 1:1 mitigation ratio for wetland flooding impacts and stream filling impacts. We will address the US Army Corps of Engineer's mitigation requirements in a forthcoming submittal to their office. Wetland Impact DWQ Mitigation 8.63 ac wetland flooding 8.63 ac 1.18 ac of road embankment 1.18 ac 1.25 ac of dam embankment 1.25 ac Total Wetland Mitigation 11.06 ac Stream Impacts 590 If perennial stream flooding N/A 8741f intermittent stream flooding N/A 462 if of road embankments 462 If 374 If of dam embankment 374 If Total Stream Mitigation 836 if WNR PO Box 1492 Sparta,NC 28675 Harnett CouM Soil Survey(Attachment 2.) The approximate boundaries of the project are depicted on the attached published soil survey. Low Flow Commitment The lake will comply with all of the requirements of 15A NCAC 2K—Dam Safety,including 15 A NCAC 2K.0502 Required Minimum Flow for Dams(Not Small Hydro Projects);and 15 A NCAC 2K.0504 Monitoring of Minimum Flow Requirements. Lake Management Strategy Anderson Creek Club will procure the services of Foster Lake and Pond Management, or another firm specializing in lake maintenance,lake management and lake and stream water quality regulatory parameters,to ensure responsible environmental stewardship of the impoundment and associated stream waters is conducted as an on-going program. It is anticipated that,as a minimum,the overall erosion control program in conjunction with the stormwater management plan associated with the lake and surrounding subdivision as well as the general lake appearance and any required water quality analyses, (consistent with other recent 401 Water Quality Certifications for similar impoundments)are in compliance with NC Division of Water Quality standards. Please feel free to call me at 336/406-0906 with any questions that you may have. Best regards, N4�^� Chris Huysman Cc: Ms.Crystal Amschler Mr.Robbie Oldham US Army Corps of Engineers Withers and Ravenel 69 Darlington Avenue I I 1 MacKenan Drive Wilmington,NC 28403-1343 Cary,NC 27511 Mr. Steve Tedder Mr.Mitch Morton 1282 Coy Hall Road Foster lake and Pond Management King,NC 27021 PO Box 1294 Garner,NC 27529 WNR PO Box 1492 Sparta,NC 28675 o stem PROGRAM April 26,2011 David Levinson Anderson Creek Club 125 Whispering Pine Spring Lake,NC 28390 Expiration of Acceptance:January 26,2012 Project:Anderson Creek Club Lake 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 impacts associated with the above referenced project. Please note that this decision does not assure that the payment 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 ComMnsatory Mitigation by Private Mitigation Banks This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certitication/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 the impacts that may require compensatory mitigation are summarized in the following table. River CU Stream(feet) Wetlands(acres) Buffer I Buffer 11 Basin Location (Sq.Ft.) (Sq.Ft.) Cold Cool Warm Ri arian Non-Riparian Coastal Marsh Impact Cape Fear 03030004 0 0 2,300 11.25 0 0 0 0 Credits Cape Fear 03030004 0 0 Up to Up to 0 0 0 0 4,600 1 22.5 Upon receipt of payment,EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above,and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. 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. If you have any questions or need additional information,please contact Kelly Williams at(919)716-1921. Sincerely, W Ili D. Gilmore,PE Di c r cc: Ian McMillan,NCDWQ Wetlands/401 Unit Crystal Amschler,USACE-Wilmington Chris Huysman,agent File R�stoYu�r�... " Our State✓ YX ... PYDt North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652/91 9-71 5-0476/www.nceep.net G !� m c / C> m m ( m co o �) CJ m \�. v \ v a W C m - m C1 -- OD . .....:,. C> m W r m / mIQou co Go co co �m co Go co co _a_ m W W m W �(u 3 ( - W a mco W co cotu m \ m co �, `' c 10-:11 o \\\ m m p' v �° r o m y � \ _ m COO �. 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