20120647 Ver 1_Staff Comments_20120928

Strickland, Bev
From: Johnson, Alan
Sent: Friday, September 28, 2012 10:32 AM
To: Strickland, Bev
Subject: FW: Caldwell Depot
Want to add to the file .... 12 -0647, Mecklenburg county
From: Burkhard, Michael W
Sent: Thursday, September 27, 2012 10:18 AM
To: Karen Floyd
Cc: Johnson, Alan; Steven. L.Kichefski(a)usace.army.mil
Subject: Caldwell Depot
Karen, we have spoken with our unit supervisor regarding the issues for this development and their proposed culvert.
Based on those discussions and the current project boundary as accepted by the Corp of Engineers, the stormwater
requirement on the undeveloped side of the creek will be removed.
However there is still the issue of purpose and need and avoidance and minimization that must be resolved /clarified.
See below, comments from the Army Corps of Engineers regarding these issues as related to the proposed culvert for
Caldwell Depot. Until it is clear what Nationwide Permit will be issued for the proposed culvert we are at a standstill for
issuing our General Certification. The main issue it that no connecting road /street is planned and there is no timeline for
construction to address the issue of connecting (connectivity) to Bailey Rd. You also mentioned that the City may decide
to be the applicant which may also affect which Nationwide Permit that is applicable. Be advised that a stormwater
condition could apply to the new street.
Considering that a bottomless culvert was proposed (for various reasons) when the project received its initial permit, for
simplicity that may be the route that should be taken.
Alan Johnson and Michael Burkhard
Michael W. Burkhard - michael.burl<hard @ncdenr.gov
Senior Environmental Specialist
N C Department of Environment & Natural Resources
Division of Water Quality
610 E. Center Av., Suite 301
Mooresville, NC 28115
Phone [phone] Fax [phone]
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third parties unless the content is exempt by statue or other regulation.
Classification: UNCLASSIFIED
Caveats: NONE
Alan,
I have the same concerns about the proposed culvert. Since considering the application
incomplete I have received some information from CWS regarding the status of previous impacts
within Caldwell Station, but no information showing how this will provide the proposed
connectivity they are seeking. I agree that just building the culvert and stopping it on the
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other side of the creek does not seem to meet purpose and need for connectivity or avoidance
and minimization of aquatic resources. Until further information is provided that addresses
our concerns I am still considering this application incomplete. If you are given more
information about this project please keep me informed. I will be contacting CWS soon about
when the necessary information will be provided or withdrawing their application.
Regards,
Steve Kichefski
Regulatory Specialist
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)- 271 -7980 Ext. 234
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