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Home My WebLink About20180765 Ver 5_More Information Received_20210415Staff Review Form Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* 6* Yes r No ID#* Version* 5 2018-0765 Is this project a public transportation project?* r Yes r No Reviewer List:* Sue Homewood:eads\slhomewood Select Reviewing Office:* Winston-Salem Regional Office - (336) 776-9800 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:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request ✓ Stream or Buffer Appeal Is this supplemental information that needs to be sent to the Corps?* ✓ Yes ( No Project Contact Information Name: R. Clement Riddle Who is submitting the inforrration? Email Address: clement@cwenv.com Project Information Existing ID #: 2018-0765 20170001 (no dashes) Project Name: High Hampton Redevelopment Is this a public transportation project? ✓ Yes 6* No Existing Version: 5 1 Is the project located within a NC DCM Area of Environmental Concern (AEC)? ✓ Yes r No r Unknown County (ies) Jackson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent CEC Response to 3.24.21 add -info 4.15.21.pdf 1.63MB Only pdf or krrz files are accepted. Describe the attachments or comments: Sign and Submit 17 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"); • I 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: C1eafei4r &Sde Submittal Date: Is filled in automatically. ClearWater Environmental Consultants, Inc. www.cwenv.com 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel April 15, 2021 Ms. Sue Homewood NC DWR, 401 & Buffer Permitting Unit 450 W. Hanes Mill Road, Suite 300 Winston Salem, North Carolina 27105 RE: High Hampton Redevelopment Project DWR Request for Additional Information Jackson County, North Carolina Action ID SAW-2017-02281; DWQ Project # 2018-0765 V.5 Dear Ms. Homewood, Please reference the letter dated March 24, 2021 sent by the NC Division of Water Resources (DWR) request for more information regarding the application submitted by ClearWater Environmental Consultants, Inc. (CEC), on behalf of High Hampton, LLC (Applicant) represented by Mr. Owen Schultz. The permit modification requested authorization for the after the fact impacts associated with the High Hampton Redevelopment Plan. Only comment #3 from DWR required additional information. DWR Comment #3 - With regards to additional impacts that have occurred at Hole 13, these impacts do not satisfy 15A NCAC 02H .0506(b)(1) “has avoided and minimized impacts to surface waters or wetlands…”. The information provided indicates that errors occurred during construction activities which would indicate that additional avoidance and minimization of impacts are feasible. Please provide a plan to restore this area to the approved impact limits. The applicant is providing the following information in support of the stream impact activities that occurred on Hole 13. After additional review, it is our opinion that the applicant installed the culvert as authorized for this location. When previously reviewing the as-built survey and stream impacts on Hole 13 for our March 5, 2021 response the applicant could not figure out why there was a deviation in the pipe lengths that did not correspond to the authorized permitted impacts. Since the culvert lengths and locations were recorded in November 2020 as requested for the as-built survey, DocuSign Envelope ID: B9B0283A-7619-49C9-888A-04D51AAA5A0E Ms. Sue Homewood April 15, 2021 Page 2 of 3 we erroneously concluded there must just be some error on the applicant’s part. Since that time, the applicant has spent much more time reviewing the construction activities on Golf Hole 13 and interviewed everyone associated with the construction of this hole. Our additional review looked at the original delineation, historical aerials, flown topo, drone photos from post construction, and LiDAR topo. Based on our review, it is our opinion, that the original stream GPS data at this location provided inaccurate stream location points for the stream below the existing (pre-renovation) culvert outlet under hole 13. CEC has overlaid the stream delineation and the most recent Lidar data (N.C. Dept of Public Safety – Emergency Management, 2017) on a new map (Figure 1; attached). This figure clearly shows that our GPS had a significant error in the stream location. Measuring as-built stream impacts using the CEC delineated GPS map, hole 13 appears to have impacted 92 linear feet of stream. Measuring as-built stream impacts using the more accurate LiDAR data, hole 13 appears to have impacted 66 linear feet. The LiDAR measurement indicates an additional 13 feet of unauthorized culvert. However, the existing pre-construction culvert was measured by GPS as being 156 linear feet long. The existing stream was nearly straight from the outlet to the property boundary. Based on the old culvert length and permitted stream impact length of 53 lf. the as-built survey was expected to show a culvert length of 209 linear feet. The actual culvert was measured in the field and is 212 feet long. This information indicates that the as-built culvert extends as much as 3 feet beyond the permitted culvert. The distance of 3 lf. is within the margin of error for the GPS measurement for the pre-existing culvert and it is possible that the new culvert was installed as authorized. The applicant does not propose any additional mitigation for Hole 13. In addition, the original golf course renovation plan included leaving the cart path on the right side of the fairway. This would have kept the cart path in the original pre- redevelopment location. However, an in the field adjustment was made by the designer to avoid/minimize risk from golfers approaching on the 11th hole and 12th tee box. Once the decision was made to move the cart path to the left side of the fairway all of the utilities (irrigation and electric) were also installed on the left and are installed over the culvert. Mitigation CEC has updated the stream and wetland mitigation table (revised April 12, 2021; attached) This table enumerates impacts and identifies a total of 53 linear feet of additional unauthorized stream impact throughout the project as identified in the December 23, 2020 and March 5, 2021 submittals. High Hampton proposes to mitigate for these additional impacts at a 2:1 ratio. We understate that DWR requires mitigation for the remaining 80 lf. section of stream between Holes 1 and 9 at a 1:1 ratio. DocuSign Envelope ID: B9B0283A-7619-49C9-888A-04D51AAA5A0E Ms. Sue Homewood April 15, 2021 Page 3 of 3 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, R. Clement Riddle, P.W.S. Principal ATTACHMENTS: Attachment A – Figure 1 – N.C. Dept. Of Public Safety – Emergency Management. Phase 5 QL1 LiDAR data 2017 Copy Furnished: NC Division of Water Resources, Asheville Regional Office – Kaylie Yankura US Army Corps of Engineers, Asheville Regulatory Field Office – David Brown DocuSign Envelope ID: B9B0283A-7619-49C9-888A-04D51AAA5A0E High Hampton - Holes 11, 12, and 13 145 7th Avenue W; Suite BHendersonville NC 28791 LiDAR - Stre am Im pact MapNC Dept. of Public Safety - Emergency Management Phase 5 QL1 LiDAR data (2017)Figure 1 Jackson County,North Carolina Project Boundary Delineated Stre am LengthImpact 4(GPS/AJD): 92 LF Ü 0 400 800200 Feet Culvert Delineated Stream Digitized Stream Channel - LiDAR Project Boundary Drawn by: TJK 4.14.21; CEC Project# 918 Estimated Channel LengthImpact 4(LiDAR): 66 LF End of Installed Culvert Table 1 and Table 2 provide an updated comprehensive list of proposed stream and wetland impacts for the project and As-Built impacts. 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 53 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 506 610 Total Stream Impacts (Road): 564 LF 373 LF 175 124 Total Stream Impacts 2,693 LF 1,209 LF 681 734 *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 53 linear feet of stream associated with the after-the fact permit request and at a 1:1 ratio for 80 linear feet of stream associated with sediment impact. A request for 133 linear feet of mitigation will be submitted to NC DMS.