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HomeMy WebLinkAbout20180765 Ver 5_More Information Received_20210307Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* Version* 5 20180765 Is this project a public transportation project?* r Yes r No Reviewer List:* Kaylie Yankura:eads\kyankura Select Reviewing Office:* Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* r Yes r No Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * r For the Record Only (Courtesy Copy) r New Project r Modification/New Project with Existing ID r More Information Response r Other Agency Comments r Pre -Application Submittal r Re-Issuance\Renewal Request r Stream or Buffer Appeal Is this supplemental information that needs to be sent to the Corps?* r Yes r No Project Contact Information Name: R. Clement Riddle Who is subrritting the inforrration? Email Address: clement@cwenv.com Project Information Existing ID #: Existing Version: 20180765 3 20170001(no dashes) 1 Project Name: Hlgh Hampton Redevelopment Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Jackson Please upload all files that need to be submited. aick the upload button or drag and drop files here to attach document 918 DWR Agency Response letter 3.1.21.pdf 481.5KB Holes 1 and 9 Figure C-100 Impact As -Built 12-21- 121.4K6 20.pdf Holes 1 and 9 Figure C-405 Stream Buffer Plans 807.81 KB revised 4-14-20.pdf Holes 1 and 9 Trout Buffer Variance Figure 405 687.64K6 9.24.18. pdf Impact As -Built Tables 12.20.21.pdf 183.85KB Only pdf or krm files are accepted. Describe the attachments or comments: Response to DWR comment letter dated 9.21.20 Sign and Submit P By checking the box and signing box below, I certify that: ■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. ■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. ■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the online form. Signature: Submittal Date: Is filled in autocratically. DocuSign Envelope ID: C5722192-190B-4C6C-9866-6073E4050C94 aLer C1earWater Environmental Consultants, Inc. www.cwenv.com March 5, 2021 Paul Wojoski NC DEQ, Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: High Hampton Redevelopment DWR # 20180765 Ver 3 Jackson County, North Carolina Mr. Wojoski, Please reference the letter dated September 21, 2020 sent by the NC Division of Water Resources (DWR) in response to the permit modification request submitted by C1earWater Environmental Consultants, Inc. (CEC), on behalf of Daniel Communities. The permit modification requested authorization for the impacts associated with the High Hampton Redevelopment Plan. The comments provided by the DWR in response to this plan are listed and discussed below. NC Division of Water Resources comments: 1. The modification application indicates that the new impact areas being requested were previously proposed as impacts for golf holes I through 9. The application also notes that through redesign these areas were proposed to be avoided. Please provide a copy of the original detailed design ofgolfholes I through 9 which shows impacts to the areas noted in the modification request, and a copy of the revised detailed design ofgolfholes I through 9 which shows avoidance of impacts to the areas noted in the modification request. The Division is unclear how the current proposal meets avoidance and minimization when the approved design avoids impacts to these areas. Enclosed with this submittal in Attachment A is the following: The submitted golf course layout for holes 1 and 9 (Figure 405, dated September 2018). The stream impact was approved by NC DWR on January 21, 2020. 145 7' Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: C5722192-190B-4C6C-9866-6073E4050C94 Mr. Sue Homewood March 5, 2021 Page 2 of 3 2. The planned redesign (Figure C-405 revised April 14, 2020). The revised plan was submitted with the permit modification and this redesign was an attempt to reduce stream impacts and mitigation at this location and other areas within the project. 3. Figure C-100 is the as -built survey of edge of disturbance completed in and submitted to DWR on December 21, 2020. 2. The Division is unclear how unexpected inconsistencies with contours align with proposed and revised impacts/designs. Please further explain the unexpected inconsistencies which occurred and explain how these inconsistencies are unique to this site within the project. In order to ensure compliance with the Individual Water Quality Certification issued by the Division, it is required that you provide a detailed list of all approved impacts indicating which impacts have occurred to date. For any impacts that have not occurred as of the date of this letter, you are required to provide a detailed survey of the impact area/location with the proposed impact shown to the Division to ensure there are no further inconsistencies within the project. On December 21, 2020, CEC submitted, via email, the requested as -built surveys and accounting of all stream and wetland impacts that have occurred within the project (Attachment B). On February 4, 2021, we met with Ms. Sue Homewood, DWR, Ms. Kaylie Yankura, DWR, and Mr. David Brown, Corps of Engineers (Corps), on -site to review and confirm as -built impacts. During this meeting, additional information was requested specific to two locations described below. Holes 1 and 9 On April 2, 2020 High Hampton submitted response to Corps. Part of that modification request included reduction in stream and wetland impacts on Holes 1 and 9 already authorized by the NC DWR 401. High Hampton was trying to further avoid stream and wetland impacts and this effort included some redesign. Both the original design and the modified design were based on flown topographic contours. However, once tree clearing and grading activities began construction was difficult/impossible to match proposed grades and contours with the existing topography. Hole 9 was intended to avoid wetland # 28 and Stream #24 with a 2:1 graded slope. The as -built shows a vertical retaining boulder wall. To complete the hole at the designed elevation and slopes this additional fill was needed. This impact was based on unexpected inaccuracy from flown contours to completed design information. The applicant proposes to mitigate for this additional 361f. at a 2:1 ratio. Construction of Hole 1 included installing the culvert in the dry. A parallel channel was constructed in the dry for the new culvert. The contractor installed 2101f. of culvert in a straight line, rather than following the meander of the stream. This resulted in 247 If. of stream impact. Due to error in construction, 37 linear feet additional stream impacts resulted. Please note, even with this error, the stream impacts associated with golf holes 1 and 9 are 135 If. less than was permitted by DWR on January 21, 2020. The applicant DocuSign Envelope ID: C5722192-190B-4C6C-9866-6073E4050C94 Mr. Sue Homewood March 5, 2021 Page 3 of 3 proposes to mitigate for this additional 37 If at a 2:1 ratio. The updated mitigation summary is described below. Hole 13 The contractor was confused by the modified April 6, 2020 revised trout buffer plan (Sheet C-411). This plan shows the proposed grading contours and limits of the silt fence. The contractor did not seek clarification of the plans and instead filled to the limits of the trout buffer clearing also shown on this plan. This impact includes 39 linear feet of additional impact. High Hampton propose to mitigate for this impact at a 2:1 ratio. The updated mitigation summary is described below. Mitigation The updated stream and wetland mitigation table dated December 22, 2020 (attached) identified a total of 92 linear feet of additional unauthorized stream impact throughout the project. In addition to the three areas describe above there were some other minor changes reductions/additions, the balance of which totals 921f of additional impact. High Hampton proposes to mitigate for all these additional impacts at a 2:1 ratio. As discussed at our site meeting with DWR and the Corps, additional mitigation was requested for the remaining section of stream between Holes 1 and 9 where the sediment impacts to the stream occurred. This length of stream totals approximately 80 If. High Hampton proposes to mitigate for this section at a 0.5:1 ratio. Thank you for reviewing the responses to agency comments above. Should you have any questions or comments concerning this project please do not hesitate to contact me at 828-698-9800. Sincerely, 1DocuSigned by: 2. CA--A2,J& OA79F7DC85EE4F7... R. Clement Riddle, P.W.S Principal Attachments: Attachment A: Holes 1 & 9 Trout Buffer Variance Figure 405 9.24.18 Holes 1 & 9 Trout Buffer Variance Figure 405 revised 4.14.20 Holes 1 & 9 Impact As -Built Figure C-100 12.21.20 Attachment B: Impact As -built Tables Copy Furnished: NC Division of Water Resources, Asheville Regional Office — Kaylie Yankura NC Division of Water Resources, Winston-Salem Office — Sue Homewood WETLAND IMPACT #24 0.006 AC STREAM IMPACT #22 247 LF WETLAND IMPACT #23 0.001 AC. Imo,' HOLE #1 GRAPHIC SCALE IN FEET ) I•' 11� I90 to 10 i \ s STREAM J IMPACT #24 36 LF STREAM IMPACT #23 146 LF WETLAND IMPACT #25 0.014 AC. WETLAND IMPACT #26 0.006 AC. SURVEYED LIMITS OF DISTURBANCE (TYP) WETLAND IMPACT #28 0.011 AC. LEGEND CEC WETLAND CEC STREAM CEC CULVERT CEC LINEAR WETLAND SURVEYED LIMIT OF DISTURBANCE SURVEYED CULVERT WETLAND IMPACT STREAM IMPACT HOLE #9 / V 1. SURVEY INFORMATION PROVIDED BY SYLVESTER & COMPANY, P.A. 2. DELINEATION INFORMATION PROVIDED BY CLEARWATER ENVIRONMENTAL (SUBMETER ACCURACY) WGLA ENGINEERING, PLLC 724 5th AVENUE WEST HENDERSONVILLE, NC 28739 (828)687-7177 WGLA.COM NC LICENSE P-1342 High Hampton Cashiers Township Jackson County North Carolina 0\0 11IIII///// N C ARO o N L *0 r - Cg�StrutJpp zI'1<<00AM0 00 REVISIONS DATE DESCRIPTION Im Know what's below. Call before you dig. PROJECT NUMBER: 19159 DATE: 12/21/20 DRAWN BY: KHC CHECKED BY: WRB AB Stream & Wetland Impact Maps Hole 1 & 9 C-100 SCALE: 1 "=40' Know what'sRSCALE:PROJECT NUMBER:DATE:DRAWN BY:CHECKED BY:WGLA ENGINEERING, PLLC724 5th Avenue WestHENDERSONVILLE, NC 28739(828) 687-7177WGLA.COMNC LICENSE P-1342High HamptonGolf CourseRenovation Jackson CountyNorth Carolina171829/18KHCWRBTrout BufferVariance PlansC-4051"=60'HOLE #9HOLE #1RSODocuSign Envelope ID: B1668C04-DEF8-406C-BA84-CA273A5FD7BC4/14/2020 ,09=„L :31VOS CC JOv 0 sueld 80uelJen E)Ijn8 moil 8,8m :A803NO3HO OHM :AB NMV80 %16 31Va MLl :a:GsvN 103roHd •Blp noR aiolaq plo 'MOjaq s,legM MouX • NOLLdRAS30 3Ltla SNosves "ate u JIDW N 4' eullOJeO u]aoN A;unoo uogoer UOIJenouay asanoo lioE) uoldweH gblH Z4£l-d 3SN3011 ON WOO'VIOM LL IL-L99(8Z8) 6£L9Z ON'3IIIANOSH30N3H jsaM anuanV qlS VZL 011d'EJNIa33NION3 VI9M 31VMS NOIS83Ala AW80dh L a3SOdO8d •♦- - 30VNIVaa MOOS a3SOd0ad 3`JVNItlaa ANO1S ONILSIX3------- 3-UVM a3SOdO8d 30NVHiN3 NOuonaLSN00 13AV80 a3SOdO8d NOLLO3108d nano a3S0d08d a3WWIXS a3SOdOHd 3-WY8 a3Sodo8d SV38V 30NV18VA 1noa1 a3SOd0ad 13n1n0 OSa a3ZnI8V1S a3080dN138 a3SOdOHd NOLLOMONd 131N1 13AV80 a3SOdOHd O 83ddn8 MV381S ONLLSIX3 —.— ONVl13M WWI ONLLSIX3 aNVl13M ONLLSIX3 MV381S ONLLSIX3 V3Hv a38an15Ia d0 11W11 a3SOdOHd ..... 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This information is also updated on the attached Stream and Wetland Impact Map (Revised December 22, 2020; Figure 5.0, Attached). Table 1. Proposed Stream Impacts Stream Impact Impact Type Proposed May 2018 Impact (LF) Proposed June 18, 2019 Impact (LF) Proposed March 23, 2020 Impact (LF) As-Built December 2020 Stream Impact #1 Golf 62 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Stream Impact #2 Golf 158 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Stream Impact #3 Golf 110 55 Eliminated - Redesign Eliminated - Redesign Stream Impact #4 Golf 106 53 53 92 Stream Impact #4a Golf 0 0 12 20 Stream Impact #5 Road 46 Eliminated - Bridge Eliminated - Bridge Eliminated - Bridge Stream Impact #6 Golf 269 Eliminated - Arch Culvert Eliminated - Arch Culvert Eliminated - Arch Culvert Stream Impact #7 Road 68 68 68 (Phase 2) 59 Stream Impact #8 Road 30 30 30 (phase 2) Eliminated - Redesign Stream Impact #9 Road 11 11 11 (phase 2) 7 Stream Impact #10 Road 66 66 66 (phase 2) 58 Stream Impact #11 Road 55 55 Eliminated - Redesign Eliminated - Redesign Stream Impact #12 Road 45 Eliminated - Bridge Eliminated - Bridge Eliminated - Bridge Stream Impact #13 Road 72 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Stream Impact #14 Golf (ATF)* 200 60 60 59 Stream Impact #15 Golf 142 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Stream Impact #16 Golf 119 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Stream Impact #17 Road 23 23 Eliminated - Redesign Eliminated - Redesign Stream Impact #18 Road 50 Eliminated Bridge Eliminated Bridge Eliminated Bridge Stream Impact #19 Golf 153 75 Eliminated - Redesign Eliminated - Redesign Stream Impact #20 Golf 74 74 25 49 Stream Impact #21 Road 98 75 Eliminated - Redesign Eliminated - Redesign Stream Impact #22 Golf 554 382 210 247 Stream Impact #23 Golf 146 146 146 146 Stream Impact #24 Golf 36 36 Eliminated - Redesign 36 Total Stream Impacts (Golf): 2,129 LF 881 LF 506 649 Total Stream Impacts (Road): 564 LF 373 LF 175 124 Total Stream Impacts 2,693 LF 1,209 LF 681 773 *ATF (after-the-fact) Table 2. Proposed Wetland Impacts Wetland Impact Impact Type Proposed Total Impact May 30, 2018 (AC) Proposed Total Impact June 18, 2019 (AC) Proposed Total Impact March 23, 2020 (AC) As-Built December 2020 Wetland Impact #1 Golf 0.003 0.003 0.003 Eliminated - Redesign Wetland Impact #2 Golf 0.008 0.008 0.008 Eliminated - Redesign Wetland Impact #3 Golf 0.002 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #4 Golf 0.022 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #5 Golf 0.001 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #6 Road 0.005 0.005 0.005 0.005 Wetland Impact #7 Road 0.001 0.001 0.001 Eliminated - Redesign Wetland Impact #8 Road 0.044 0.044 Eliminated - Redesign Eliminated - Redesign Wetland Impact #9 Golf (ATF)* 0.05 0.007 0.007 0.007 Wetland Impact #10 Golf 0.002 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #11 Golf 0.065 0.065 0.065 0.001 Wetland Impact #12 Golf 0.076 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #13 Golf 0.029 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #14 Golf (ATF) 0.073 0.046 0.046 0.041 Wetland Impact #15 Golf (ATF) 0.011 0.011 0.011 0.011 Wetland Impact #16 Golf 0.004 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #17 Road 0.005 0.005 Eliminated - Redesign Eliminated - Redesign Wetland Impact #18 Road 0.006 0.006 0.006 0.006 Wetland Impact #19 Road 0.171 Eliminated - Redesign Eliminated - Redesign Eliminated - Redesign Wetland Impact #20 Golf 0.098 0.098 0.098 0.075 Wetland Impact #21 Golf 0.039 0.039 0.039 0.006 Wetland Impact #22 Golf 0.004 0.004 0.004 0.003 Wetland Impact #23 Golf 0.001 0.001 0.001 0.001 Wetland Impact #24 Golf 0.006 0.006 0.006 0.006 Wetland Impact #25 Golf 0.014 0.014 0.014 0.014 Wetland Impact #26 Golf 0.006 0.006 Eliminated – Redesign 0.006 Wetland Impact #27 Golf 0.002 0.002 Eliminated – Redesign Eliminated - Redesign Wetland Impact #28 Golf 0.012 0.012 Eliminated - Redesign 0.012 Wetland Impact #29 Golf (ATF) 0 0.008 0.008 0.014 Wetland Impact #30 Golf (ATF) 0 0.004 0.004 0.004 Total Wetland Impacts (Golf): 0.528 AC 0.334 AC 0.314 0.201 Total Wetland Impacts (Road): 0.232 AC 0.061 AC 0.012 0..011 Total Wetland Impacts: 0.76 AC 0.395 AC 0.326 0.212 *ATF (after-the-fact) Mitigation Per the Corps January 29, 2020 letter and Applicants February 19, 2020 acknowledgment, all mitigation (wetlands and streams) will be at a 2:1 ratio. As discussed in our pre-application meeting on March 20, 2018 and permit application, the applicant will mitigate for 113 linear feet of previous cumulative stream impacts (2002 NWP 14 - 50 lf; 2008 NWP 39 - 3 lf; 2009 NWP 29 60 lf). As-Built Mitigation update The applicant made payment to the NC Division of Mitigation Services (DMS) for stream and wetland mitigation on April 22, 2020. DMS ID# MR-06901. The applicant proposes to mitigate at a 2:1 ratio for 92 linear feet of stream associated with the after-the fact permit request and 0.5:1 ratio for 80 linear feet of stream associated with sediment impact. A request for 132 linear feet of mitigation has ben submitted to NC DMS.