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Home My WebLink About20042019 Ver 4_More Info Received_20120917WN;t Wetland and Natural Resource Consultants, Inc. September 14, 2012 Ms. Crystal Amschler Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 -1343 RE: Anderson Creek South Development, Harnett County, North Carolina Action ID No. SAW - 2006 -41244 NC DWQ Project #0 4 -2019 Dear Ms. Amschler, SEP D 7 2012 D a-nd & AT� N All ��°��R Z► nw QU _ 1Y The purpose of this letter is to clarify our position for a request for modifications to the Department of Army permit, and its corresponding 401 Water Quality Certification for the Anderson Creek South Development located in Harnett County. This letter is intended to provide additional information requested in your August 14, 2012. Phased Miti atg ion: It is inconceivable that Anderson Creek Partners LP would pay the full NC Ecosystem Enhancement Program invoice of $1,171,982.75 when the current mitigation fees for the four necessary road crossings are just $27,414.79. The bulk of the mitigation need (Approximately $920,000.00) comes for the construction of the lake and, considering current economic conditions, it may be a number of years before it is constructed. Approval of a phased mitigation option would recognize the burden of upfront mitigation particularly when the bulk of the impacts will not be made for several years. Further economic uncertainty comes from the fact that The NC Ecosystem Enhancement Program refund policy states that the "EEP does not guarantee fund availability for any request." Further, the policy states that any request for refunds after nine months will only be considered if the permit is terminated or modified to require no mitigation. Full payment to the NCEEP cannot be completed prior to commencement of construction within jurisdictional waters due to economic and development uncertainties. The following is our current proposal for a four phase mitigation plan. Phase one mitigation is comprised of those proposed impacts that will occur within the next six months and will be paid either 30 days prior to the impact or by March 1, 2013. Phase two mitigation is comprised of those impacts that will occur within the next eight to twenty -four months and will be paid by September 1, 2014. Phase three mitigation is comprised of the impacts that will not occur for another three to five years and will be paid by September 1, 2017. Mitigation for the lake impacts (Phase four) will be paid 30 days after the NC Division of Land Resources issues an "Authorization to Construct" which is the approval of the design of the dam. Once designed, the lake will need to be constructed and inspected before the Division will issue an "Authorization to Impound ". Anderson Creek Partners, LP will coordinate the payments with the NC EEP according to the permitted acreages when reconciled with the final design acreage approved by the Corps. We will provide your WNR 170 Dew Drop Road office with a complete accounting of this information prior to making payment. Below is a tabular summary of the phases and fees associated with the project as of this date. Mitigation Phases: Mitigation Phase Impact Areas Impact Timeline Payment By Date Approximate Fee Phase 1 RI ,R2, R8 and R9 0-6 months March 1, 2013 $27,500.00 Phase 2 R4, R5, R6 and R7 8 -24 months Se tember 1, 2014 $90,500.00 Phase 3 R10 36-60 months September 1, 2017 $70,000.00 Phase 4 Lake 24-60 months after design approval $921,000.00 Mitigation Ledger (Fee to be determined when final designs are completed) Impact Identifier Acres of Wetland Mitigation (Fee at $64,0077 /ac Linear Feet of Stream Mitigation (Fee at $349 Total fee Mitigation Phase R -1 0.04 ac ($2,563.08) 30 If ($10,470.00) $13,033.08 1 R -2 0.07 ac $4,485.39 R -10 $4,485.39 1 R-4 0.09 ac ($5,766.93) 359 Linear Feet $5,766.93 2 R -5 0.16 ac ($10,252.32 ) 521f ($18,148.00) $28,400.32 2 R -6 0.07 ac $4,485.39 132 If $46,068.00 $50,553.39 2 R -7 0.09 ac ($5,766.93) $5,766.93 2 R -8 0.10 ac $6,407.70 $6,407.70 1 R -9 0.06 ac ($3,488.62) $3,488.62 1 R -10 0.30 ac ($19,223.10) 145 if ($50,605.00) $69,828.10 3 Lake 8.35 ac ($535,042.95 ) 1,106 If ($385,994.00) $921,036.95 4 Alternative Mitigation We understand that the August 14, 2012 letter does not specifically prohibit the use of site specific mitigation or a mitigation bank. Rather, we understand that we will need to request another modification should circumstances change. Roadway Impact Redistribution Modification The applicant requests a modification to redistribute approved impacts in order to add two additional crossings. The current approval is for seven road crossings that impact a total of 1.23 acres of wetlands and 462 linear feet of streams. As depicted in the table below, the proposed modification would add two crossings and reduce impacts to wetlands by over 0.25 acres and reduce stream impacts by 103 linear feet. Impact locations are depicted in the attached revised figure as R -9 and R -10. (This map appears to have been missing from some of the July 25, 2012 letters sent from this office.) Stream Impact Table Impact Identification Permitted Impact Map referenced in issued permit Proposed Redistribution Map reference is for this request R -1 203 (Map 1, Sht. 2 of 7) 30 (Map 1, Sht. 2) R -5 65 (Map 2, Sht. 3 of 7) 52 (Map 2, Sht. 3 R -6 194 (Map 3, Sht. 4 of 7) 132 (Map 3, Sht. 4) R -10 N/A 145 (Map 8, Sht. 8 Totals 462 Linear Feet 359 Linear Feet 1) Wetland Im act Table Impact Identification Permitted Impact Map referenced in issued permit Proposed Impact Map reference is for this request R -1 0.40 (Kap 1, Sht. 2 of 7 0.04 (Map 1, Sht. 2) R -2 0.10 (Map 1, Sht. 2 of 7 ) 0.07 (Map 1, Sht. 2) R-4 0.14 (Kap 2, Sht. 3 of 7 0.09 (Map 2, Sht. 3 R -5 0.17 (Map 2, Sht. 3 of 7 0.16 (Map 2, Sht. 3 R -6 0.16 (Map 3, Sht. 4 of 7 ) 0.07 (Map 3, Sht. 4 R -7 0.15 (Map 4, Sht. 5 of 7 0.09 (Map 4, Sht. 5) R -8 0.11 (Map 5, Sht. 6 of 7 0.10 (Map 5, Sht. 6 R -9 N/A 0.06 (Map 6, Sht. 7) R -10 N/A 0.30 (Map 8, Sht. 8 Total 113 Acres 0.98 Acres The additional road crossings are necessary to access high ground that is otherwise landlocked (R -9) and to provide safe ingress and egress for a large development pod (R -10). These crossings were overlooked during the initial permit process. Each of these crossings is along a new alignment at locations that do not have existing roadways. Both crossings are necessary to access high ground. Impact R9 is within a small development pad and is necessary to access high ground that is landlocked by a large wetland complex and existing golf facilities. Impact R10 is necessary for flow and circulation within a larger development area and will be required by local development regulations; local regulations prohibit cul -de -sacs greater than 1,000 feet. As authorized, the development would have a cul -de -sac approximately 3,000 feet long serving hundreds of lots. Obviously, this would be problematic in emergency situations. All roads within the Anderson Creek Club will be private. As such, the applicant sees no need to involve the NC Department of Transportation in this matter. In closing, please let me know if there is any additional information that I might be able to provide to expedite your review. If you have any questions or comments please feel free to call me at 336 / 406- 0906. at 336 / 406 -0906. Best regards, 00+?" Chris Huysman Mr. Ian McMillian Congresswoman Renee Ellmers NC DWQ Wetlands Unit US House of Representative 1650 Mail Service Center 1533 Longworth House Office Building Raleigh, NC 27699 -1650 Washington, DC 20515 -3302 Representative David Lewis 533 Legislative Office Building 300 N. Salisbury Street Raleigh, NC 27603 -5925 Mr. Scott Sauer, County Manager 102 East Front Street Lillington, NC 27546 Senator Kay Hagan 310 New Bern Avenue Raleigh, NC 27601 Ms. Jenny Hartsock C/O Kay Hagan 310 New Bern Avenue Raleigh, NC 27601 Governor James Holshouser 100 Market Square PO Box 1227 Pinehurst, NC 28370 Mr. Robbie Oldham Withers and Ravenel 111 MacKenan Drive Cary, NC 27511 Mr. Joseph Jefferies, Planning Services 102 East Front Street Lillington, NC 27546 Senator Richard Burr 217 Russell Senate Office Building Washington, DC 20510 Ms. Phyllis Owens, Director Harnett County Economic Development PO Box 1270 Lillington, NC 27546 • 1 IIIjII� �i �� IiIIII ��►�� j�a � 1 �Ij III �� %�� r �� ,a, ; � - • .fir �� r� � ■ I NO MINIM Rm R e w .1 nnnnn naaaanaannan ��ni�� F II 1l illllllll n II II 111111111 cj Y i i i i i i i mnmmn o_o 1`loo�ooO1Diy�wm -� °� 000000- a�$e'��o. -oo 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ^lm �m �8i02S•�nn b �, ��K¢C�N mm � ��. aavv op ((OOq F KCKKKC.i��N¢¢