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Home My WebLink About20211471 Ver 1_USACE_Equinox Response Letter_1-29-21_202101290P44 EQUINOX balance through proper planning January 29, 2021 Action ID No.: SAW-2020-01761 David Brown, PG Regulatory Specialist/Geologist USACE Wilmington District -Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Dear Mr. Brown, I am writing on behalf of Chester and Karen Bartlett, owners and developers of the Bartlett Glen Cove residential development near Bryson City in Swain County, North Carolina, to officially respond to and submit the information for the requests the November 3, 2020 UA Letter, which are included below in red text for reference: 1. A detailed accounting of all grading, filling, flooding, and/or mechanized land clearing that has occurred in WoUS within the development since 2006. This accounting must disclose in detail: a. the length and/or area of WoUS affected by grading, filling, mechanized land clearing, and/or flooding; b. the date the work was conducted; c. the name and current address of the person(s) who conducted the work; d. the purpose of the work; and, e. an accounting of all historic (pre-2006) stream crossings within the development detailing the location, length and approximate year the crossing was installed. 2. A statement regarding your intention to resolve this matter either through full restoration of the impacted streams and wetlands or after -the -fact permitting, or a combination of permitting and restoration. Do note, activities conducted in areas outside of DAjurisdiction as well as unauthorized activities conducted within WoUS at the development do not imply that the Corps will necessarily approve impacts to WoUS noted above nor any future proposed impacts to WoUS within the development. We have developed the following responses in order to satisfy the Corps requests. 1. The following table provides a summary of relevant information regarding the impacts that were created relative to the Bartlett Glen Cove development, beginning in 2006 and extending through November 2020, when the UA was issued. The information should satisfy requests la- id in the 2020 UA letter, except for contractor information, which the Bartletts are still trying to track down from hard copy paper records. 37 Haywood Street, Suite ioo Asheville NC 28801 828.253.6856 www.equinoxenvironmental.com ApP44 EQUINOX balance through proper plannina Table 1: Summary of Unauthorized Impacts to WOTUS at the Bartlett Glen Cove Development Impact ID Impact Type Purpose Length (ft) or Area (ac) Material Specs Resource ID Years of Impact Development Phase IMP-1 Fill (pipe) Stream crossing 25 LF smooth plastic 18" UT-1 2008- 2012 Phase I IMP-2 Fill (earth) Construction access 0.07 ac Earth (fill dirt) n/a W-01 2008- 2012 Phase I IMP-3 Fill (pipe) Stream crossing 30 LF smooth plastic 18" UT-1.1 2008- 2012 Phase I IMP-4 Fill (pipe) Stream crossing 40 LF Corrugat ed metal 36" UT-2 2012- 2016 Phase 11 IMP-7 Fill (pipe) Stream crossing 65 LF smooth plastic 24" UT-3 2017- 2020 Phase III IMP-8 Fill (pipe) Stream crossing 65 LF smooth plastic 24" UT-3.2 2017- 2020 Phase III IMP-9 Fill (pipe) Stream crossing 40 LF smooth plastic 24" UT-3.1 2017- 2020 Phase III IMP-10 Fill (pipe) Stream crossing 35 LF smooth plastic 24" UT-3.1 2017- 2020 Phase III IMP-11 Fill (pipe) Stream crossing 35 LF smooth plastic 24" UT-3.1.2 2017- 2020 Phase III IMP-12 Fill (pipe) Stream crossing 70 LF smooth plastic 24" UT-4 2017- 2020 Phase III IMP-13 Fill (pipe) Stream crossing 50 LF smooth plastic 24" UT-4 2017- 2020 Phase III IMP-14 Fill (pipe) Stream crossing 80 LF smooth plastic 24" UT-4 2017- 2020 Phase III IMP-15 Fill (pipe) Stream crossing 40 LF smooth plastic 24" UT-3.1.2 2017- 2020 Phase III IMP-16 Fill (pipe) Stream crossing 75 LF smooth plastic 24" UT-4 2017- 2020 Phase III 650 LF Total Request le from the November 2020 UA Letter requires accounting of all preexisting stream crossings. Equinox utilized several tools to try and identify the locations of preexisting culverted crossings, including: common anecdotal information related to typical lengths of historic logging road crossings; historical and current aerial imagery; historic and current LiDAR DEMs and their resulting hillshade 37 Haywood Street, Suite ioo Asheville NC 28801 828.253.6856 www.equinoxenvironmental.com 0P44 EQUINOX balance through proper planning layers; and site investigations involving documentation of preexisting culverted crossings on logging road networks observed on directly -adjoining, undisturbed wooded properties. Equinox has developed the following table that lists the preexisting stream crossing locations and the assumed preexisting pipe lengths (based on observations of adjoining undisturbed logging roads): Table 2: Preexisting (pre -development) Stream Crossings at the Bartlett Glen Cove Development Impact ID Impact Type Purpose Preexisting Length (ft) Material Specs Resource ID IMP-1 Fill (pipe) Stream crossing (logging road ca. 1994) 25 LF smooth plastic 18" UT-1 IMP-9 Fill (pipe) Stream crossing (logging road ca. 1994) 25 LF smooth plastic 24" UT-3.1 IMP-10 Fill (pipe) Stream crossing (logging road ca. 1994) 25 LF smooth plastic 24" UT-3.1 IMP-11 Fill (pipe) Stream crossing (logging road ca. 1994) 25 LF smooth plastic 24" UT-3.1.2 IMP-15 Fill (pipe) Stream crossing (logging road ca. 1994) 25 LF smooth plastic 24" UT-3.1.2 IMP-13 Fill (pipe) Stream crossing (logging road ca. 1994) 25 LF smooth plastic 24" UT-4 150 LF Preexisting Considering the 150 LF of impacts that are determined to be preexisting and the 650 LF of impacts created by the development, the sum total impacts to WoUS at the Bartlett Glen Cove Development are calculated to be +/-500 LF. 2. The Bartletts understand that they are responsible for the unauthorized impacts detailed above, which are the result of their actions over time to establish and expand upon the Bartlett Glen Cove residential development. They are also remorseful for having created the impacts without being aware of the 401/404 and local permitting and planning processes that are normally undertaken for residential developments of a similar nature. They are eager to work with the according regulatory bodies to come into compliance with any and all regulations that have been forgone, but are unsure of the financial implications and how they can achieve compliance through a resolution with a potential fee of this magnitude. As such, the Bartletts have 37 Haywood Street, Suite too Asheville NC 28801 828.253.6856 www.equinoxenvironmental.com ApP44 EQUINOX balance through proper planning requested a formal meeting with the Corps and State representatives, set for February 12, 2021, in order to better understand process relevant to resolving the impacts via a combination of restoration and purchase of mitigation credits. We appreciate your consideration of the above information and look forward to working with you through this project to help achieve compliance and remediation, as needed, on behalf of the Bartletts. Sincerely, Owen Carson Botanist / Senior Ecologist 37 Haywood Street, Suite 100 Asheville, NC 28801 (828) 253-6856 extension 204 37 Haywood Street, Suite ioo Asheville NC 28801 828.253.6856 www.equinoxenvironmental.com ApP44 EQUINOX balance through proper planning cc: Mr. R. Andrew Murray U.S. Attorney Western District of North Carolina 227 West Trade Street, Suite 1650 Charlotte, North Carolina, 28202 Mr. Christopher Parker Soil Scientist U.S. Environmental Protection Agency - Region IV Enforcement and Compliance Assurance Division Surface Water and Groundwater Section 61 Forsyth Street SW Atlanta, Georgia 30303-8960 Mr. Andrew Moore North Carolina Department of Environmental Quality Division of Water Resources Swannanoa Regional Office 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 Ms. Andrea Leslie North Carolina Wildlife Resources Commission 645 Fish Hatchery Road Marion, North Carolina 28752 Mr. Bill Marr Director of Inspections Swain County P.O. Box 2321 Bryson City, North Carolina 28713 37 Haywood Street, Suite ioo Asheville NC 28801 828.253.6856 www.equinoxenvironmental.com