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Home My WebLink About20211281 Ver 1_DEQ and USACE COMMENTS Response_01-17-22_20220121 910.777.3908 • 1121 Military Cutoff Dr, Suite C #306, Wilmington, NC 28405 www.headwaterenvironmental.com v January 17, 2022 Delivered via Email to: Alan Johnson alan.johnson@ncdenr.gov Kyrsta Stygar Krystynka.b.stygar@usace.army.mil Reference: The Villages at Cramerton Mills Hamrick Road Cramerton, Gaston County, North Carolina Headwater Project # 202002 Dear Mr. Johnson and Ms. Stygar: Headwater Environmental, Inc. (Headwater) is providing a response to comments received via email by the North Carolina Division of Water Resources (DWR) and U.S. Army Corps of Engineers on December 20 and December 21, 2021, respectively about the proposed Villages at Cramerton Mills residential subdivision. DWR Comments “Please provide information, site plan(s), etc. to how this layout connects and compares to the previous approval. There are phase 1A, 1B, 1C. Cumulative impacts may trigger an individual permit.” • It is Headwater’s understanding that Amicus Partners, PLLC (Amicus) was not involved with the previous phases of development for the Villages at Cramerton Mills. Headwater requested a copy of previous site plans, but our client was not able to provide us a copy. After our PCN submittal, we are able to view publicly available data on the DEQ Laserfiche site. Attached are site plans that were included with the PCN application for the Villages at Cramerton Mills Phase 3 approved by the DWR on March 12, 2021. There appears to be discrepancy between linear feet of impacts listed on the February 24, 2021 ePCN application and the DWR Certification #20-1281 issued March 12, 2021. According to ePCN application submitted by WPEG on February 24, 2021, 77 linear feet (LF) of impacts for Impact S1 were permitted under SAW-2015-00562. A culvert extension of 55LF was installed for necessary stability of the crossing but was not permitted prior to construction. An additional extension of 28LF to the existing 132LF was requested in the application totaling 160LF of impacts for this road crossing. An additional 48LF of stream impacts was proposed for stream stabilization and access. A total of 208 linear feet of impacts were requested with the PCN application on October 26, 2020. The proposed permanent impacts associated with this phase (Phase 4) include 24 linear feet of a perennial stream and 0.14-acre of forested riparian wetland. See Table 1 for impact summary. Wetland Delineation Headwater Project 202002 January 17, 2022 2 Table 1. Villages at Cramerton Mills impact summary for various development phases. Reference/Action Action Date Impact Previous Permit (SAW-2015-00562) Road crossing #1 2015 77 LF unpermitted fill Slope stability unknown 55 LF First two actions totaled 132 LF of impacts PCN application, WEPG Road crossing 2/24/21 76 LF Second action brings cumulative total to 208 LF DEQ Permit 20-1281 3/12/21 208 LF PCN Application, Headwater Road crossing #2 11/18/21 24 LF Road crossing #2 11/18/21 0.14-acre wetland Cumulative impact total: 232 LF stream and 0.14-acre wetland “Also is it not possible to avoid the wetland as shown below?” • According to information received from Amicus Partners, PLLC (Amicus) who are designing the proposed project, the current roadway is based on several factors. The Town of Cramerton requires a minimum 250’ centerline radius for roads. The alley ways between the proposed residential lots are not classified as “roads”. The proposed road location was designed for neighborhood connectivity. Adding residential lots to the area in red would push the road east, further downstream and result in additional stream and wetland impacts. Placing the road between wetlands A and A2 would require either an engineered retaining wall or a sloped embankment on both sides of the road. Factoring in the 250-foot centerline radius requirement, this design does not avoid wetland or stream impacts. Based on the topography surrounding the lots in question, rerouting the current roadway would require a large amount of fill which would cost several hundred thousand dollars, placing the project beyond budget. Additionally, a perimeter retaining wall would be required around Wetland A2, further adding to the project cost. USACE Comments Wetland Delineation Headwater Project 202002 January 17, 2022 3 “Under your Mitigation request you have listed that wetland “A2” is a non-riparian wetland. Without credits available in the Catawba 03050102 HUC. I believe that this was done in error, as the wetland with the permanent impacts would fall under the “riparian wetland status”. Please reach out to NCDMS to determine if the available credits at 2:1 for the 0.14 acres of riparian wetland are available for purchase, and then provide that documentation to me. -a “riparian wetland” by definition is a wetland that is temporarily or permanently inundated and/or water-logged zones along the margins of streams and rivers. (as A2 appears to be a headwater wetland (seep) it fits this definition)” • Headwater has followed up with NCDMS to correct this error regarding wetland mitigation. Attached is the revised acceptance letter to include the riparian wetland. “I see that there is suitable and potential habitat for Dwarf-flowered heartleaf (Hexastylis Naniflora) and that the “Raleigh Field office” was contacted for concurrence. There is no additional letter. The Cramerton area is within the Asheville Service area for USFWS. Were there surveys conducted for this species? Can this be provided to me?” • Headwater completed the USFWS 9-step Self Certification process for the site and concluded that the proposed action is not likely to affect the listed species. Potential habitat for Hexastylis naniflora is limited to the slopes along Stream C on the northern portion of the site. The proposed development will not encroach down the hill. With the self-certification process, a courtesy copy of our findings is submitted the Raleigh office. The USFWS does not provide a formal response to this process unless they disagree with our findings. The area along Wetland A, A2, and Stream A is comprised of a young canopy and dense thicket of vines and brambles. Additionally, the past use of this area for pasture and agriculture has left the hillside disturbed. Relict fill piles and debris was observed in this area. Conditions observed at DP-1 (our JD submittal included photos) were observed throughout this area. Additional photos are included with this response. Habitat for H. naniflora is not present at this portion of the site. Headwater was not contracted to complete a species specific survey on site for Hexastylis naniflora. Additionally, Hexastylis naniflora was proposed for delisting by the USFWS on April 26, 2021 and the comment period ended on June 25, 2021. The delisting of this species as threatened or endangered appears imminent. “The adjacent property is a known historical surveyed district (Baltimore/ Historic district) before I initiate consultation (informal) I want to know if Headwater environmental reached out for a MANLAA call, based on viewshed or potential for other historical artifacts on site.” • Headwater did not reach out to SHPO regarding the Baltimore neighborhood. The is a large ravine on the northern portion of the site boarding the Baltimore neighborhood. A mature forest is present around the perimeter of Baltimore neighborhood and the northern portion of the site. The site is located over 350 away from the nearest Baltimore dwelling. Based on the local topography, dense vegetation, and site plans provided by Amicus, Headwater did not initiate a review with SHPO. There is no clear line from Baltimore Historic District sight to the proposed project. Moreover, existing residential development is already located north and west of the Baltimore neighborhood. Based on a review of historical resources during a Phase I Environmental Site Assessment completed by Headwater for the site on March 16, 2020, the site was historically used for agricultural and pastoral purposes associated with the Cramerton Dairy Farm from the 1910s Wetland Delineation Headwater Project 202002 January 17, 2022 4 through the 1940s. A building (likely a dwelling) was located on the northern portion of the site from at least the 1930s until the 1950s. Additional agricultural out buildings were located on the central portion of the site during the 1930s until the 1950s. The site became fallow and wooded in the 1950s until it was timbered in the early 2000s, then left fallow until present. Building remnants were observed on the central portion of the site. Headwater was not initially contracted to coordinate with SHPO regarding the potential for historic resources on site. CLOSING Headwater appreciates the opportunity to respond to comments for this project. If you have questions or need additional information, please contact us at (910) 777-3908. Respectfully submitted, Headwater Environmental, Inc. C. Paul Pascarosa Nick Creidler President Environmental Scientist Enclosure: Figures 7-15 prepared by R. Joe Harris & Associates, Inc., dated December 7, 2020 NCDMS Acceptance Letter, dated December 29, 2021 Site Photographs EXISTING 8" SANITARY SEW ER EXISTING 30' SANITARY SEWER EASEMENT DB AND PG UNKNOWN) RJH 803) 802-1799 Fax: (803) 802-08861186StonecrestBlvd. Tega Cay, SC 29708 PLAN VIEW - EXISTING CONDITION CRAMER MOUNTAIN ROAD 60' PUBLICR W HAMRICK ROAD 6 0 PUBL IC R WSOUTHFORK RIVERFUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15. 62 ACRES WETLAND $ 0.06 ACRE STREAM $ (pRPW)2,303 LF/ 0.21 ACRE WETLAND B 0.0 ACRE IMPACTED/ FILLED)WETLAND C 0.012 ACRE IMPACTED/ FILLED)WETLAND E 0.02 ACRE NO IMPACT)WETLAND Z 0.006 ACRE) STREAM B (pRPW)1,318 LF/ 0.12 ACRE STREAM C (pRPW)501 LF/ 0.03 ACRE EXISTING 30' SANITARY SEWER EASEMENT DB AND PG UNKNOWN) EXSIT. 42" CULVERT EXISTING SEWER LINE STREAM ' (pRPW)1,168LF/ 0.08 ACRE EXISTING SEWER LINE IMPACTED/FILLED) SHUPLWWHG CRAME R T O N MI L L S P A R K W A Y 60' R/W) EMORY LANE 50 R W MEYER S RI D G E R O A D 50' R/W LIV I LANE 60 R W AMICA COURT(60' R/W) MAC ALLEY 2 0'R W KEATS ALLE Y 20 RW GREEN STR E E T A GREEN STREE T B CRAMERTONMILLS PARKWAY(60' R/ W) 7 PKG. SPACES8PKG SPACES8 PKG SPACES 610 612 61 4 616 618 620622624626608607609611 610 612 61 4 616 618 620 622 62462 6 608 607 609 611 803) 802- 1799 Fax: (803) 802-08861186StonecrestBlvd. TegaCay, SC29708PLANVIEW - OVERALL SITE IMPACT #1&2 IMPACT # 2 PROPOSED ROAD CROSSING STREAM 65 LF HAMRICK ROAD60' PUBL IC R/W CRAMER M O U N T A I N R O A D 60' PUBLI C R W RJH IMPACT # 1 PROPOSED ROAD CROSSING EXIST. CULVERT TO BE EXTENDED FROM BOTH ENDS STREAM %) ± 200.46LF FUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15.62 ACRES PHASE A & B:THE IMPERVIOUS AREA FOR THE SINGLE FAMILY HOMES WAS BASED ON MAXIMUM FOOTPRINT OF 2, 100 SQUARE FEET FOR THE BUNGALOW LOTS,1,600 SQUARE FEET FOR THE COURTYARD COTTAGES,1,000 SQUARE FEET FOR THE PARKSIDE COTTAGES, AND 800 SQUARE FEET FOR THE VILLAGE COTTAGES.PHASE C: Min. Lot Width: 22FT Min. Lot Size: 1,415 SF No. of Lots: 70 (Proposed)Density: 4.22 Units per Acre Road Lengths: TOTAL - 1379 LF PHASE C IMPERVIOUS= 60. 75%AVARAGE IMPERVIOUS % FOR ALL SITE PHASES ( A+B+C)= 39.66% PHASE A & B IMPERVIOUS= 34 % WETLAND 12345678910111213141516171819202122232425262728293031323334353637383940414243444546474849505152535455565758596061626364656667686970RJH 803) 802-1799 Fax: (803) 802-08861186StonecrestBlvd. Tega Cay, SC 29708 IMPACT #1 PLAN VIEW - OVERALL SITE CRAM E R T O N MI L L S P A R K W A Y 60' R/W) FUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES IMPACT #1 PROPOSED ROAD CROSSING EXIST. CULVERT TO BE EXTENDED FROM BOTH ENDS STREAM %) ± 200.46LF EXIST. SEWER LINE 9 13 14 15 16 1718192021 56 57 58 59 ss RJH 803) 802-1799 Fax: (803) 802-08861186StonecrestBlvd. Tega Cay, SC 29708 PLAN VIEW - PROPOSED ROAD CROSSING IMPACT #1 TOP OF BANK 30' UPLAND SWIM BUFFER CENTER LINE OF STREAM HEAD WALL#1 TYP.) ±28.4LF PERMANENT IMPACT (TYP.) TYP.) INSTALLATION OF MATERIAL FOR BANK STABILIZATION WILL BE PLACED ABOVE OHWM (SEE FIG 14) CRAMERTON M ILLSPARKWAY 57 R W EXISTING SEWER TRUNK LINE WITH 30' EASEMENT EXISTING 42" CONCRETE CULVERT 132. 4LF CROSSING UNDER CRAMERTON MILLS PARKWAY INV IN.=625. 29'INV OUT=611. 91'STATION 1+36.65 IMPACT #1 PROPOSED ROAD CROSSING STREAM % 200.46LF TYP.) ±20LF PERMANENT IMPACT (TYP.)HEAD WALL#2 TYP.) INSTALLATION OF MATERIAL FOR BANK STABILIZATION WILL BE PLACED ABOVE ELEV: 618 620 630 640 650 660 0+00 1+00 2+00 3+00 1.00% 4.72% 1.00% PVI STA: 1+33.84 PVI ELEV: 643.75 K: 20.00 LVC: 74.41 BVCS: 0+96.64BVCE: 643. 38EVCS: 1+71.05EVCE: 645.50PVI STA: 2+65.77 PVI ELEV: 649.97 K: 20. 00 LVC: 114.38 BVCS: 2+08.57BVCE: 647.27EVCS: 3+ 22.96EVCE: 649.40HIGH PT. STA: 3+02.98 HIGH PT ELEV: 649.50 CB#335CB#325PROP. 15" RCP INV = 642.37±CB# 327 CB#32415" RCP 15" RCP PROFILE VIEW - CENTERLINE OF ROAD CROSSING IMPACT #1 42" CRAME R T O N MI L L S P A R K W A Y 60' R/W EMORY LANE 50 R W MEYER S RI D G E R O A D 50' R/W LIV I LANE 60 R W AMICA COURT(60' R/W) MAC ALLEY 2 0'R W KEATS ALLE Y 2 0 R WGREEN STR E ET A GREENSTREE TB CRAMERTONMILLS PARKWAY( 60' R/W) 7 PKG SPACES8PKG SPACES8 PKG SPACES662664610 612 61 4 616618 620 622 62 4626 60 8 60 7 609611666610612614 616 618 62 0 622 62 4626 60 8 60 7 609 611 803) 802-1799 Fax: ( 803) 802- 08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - STORM CONTROL MEASURES ( SCMs) IMPACT # 1& 2 IMPACT # 2 PROPOSEDROADCROSSINGSTREAM '65LFHAMRIC K ROAD 60 P U B L I C R W CRAMER M O U N T A I N R O A D 60' PUBLI C R W RJH IMPACT #1 PROPOSED ROAD CROSSING STREAM %) ±200. 46LF FUTURE PHASE 1C SST- 5 SST- 6 VILLAGES AT CRAMERTON MILLS PHASE 1B 9. 67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15. 62 ACRES SF #1 IN PHASE C SF #1 IN PHASE B WETLAND B 0. 0 ACRE IMPACTED/ EXISTING 8" SANITARY SEWE EXISTING 30' SANITARY SEWER EASEMENT DB AND PG UNKNOWN) FES24 JB- 47 FES-22 FES-23 DI-46 DI-49 DI-48 DI-52 DI-53 FES 15 FES16 FES17 FES 18 JB-34 CB 35 CB37JB36 DI-39 DI-38 DDI42 DI-43 DI-44 42"RCP 48" RCP RPPL2 RPPL3 DI-54 FES 26 ssss ss ssssssss ss ss ssss ssssss ssssssssssssss ssss ss ss ss ssssss ss ssssss ss ss DDI557 PKGSPACES8PKGSPACES8 PKGSPACES FES 2 0FES 19CB5 1A CB5 1 B662664 610 61261 4 616 618 620 62 2624626 608607609 611666 DI-50 DI-45DI- 41 DDI 4 0 610 61261 4 616 618 620 62 2624626608607 609611 MH30 1M H30 2MH3 03CB3 04CB3 05CB3 06CB308DDI3 09 CB31 0CB3 11CB3 12CB3 13 CB31 4C B31 5 CB3 1 6CB3 1 7CB3 1 8CB3 1 9CB3 2 0CB3 21CB3 22CB3 23 CB32 4C B32 5CB3 27CB3 2 8CB329CB3 30CB3 31CB3 3 2CB3 3 3CB3 3 4CB3 35CB3 36 CB33 7C B33 8 CB3 39CB3 40CB3 41 CB34 2C B34 3 FES3 00CB3 2 6 CB 3 0 7803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - STORM & SEWERS IMPACT #1& 2 IMPACT #2 PROPOSED ROAD CROSSING STREAM ') ± 65 LF H A M R I C K RO A D 60 P U BLICRWCRAMERMOUNT A INR O A D 60' PUBLI C R W RJH FUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15. 62 ACRES IMPACT # 1 PROPOSED ROAD CROSSING STREAM %) ±200. 46LF EXISTING SEWER LINE EXISTING SEWER LINE NOTE:PROPOSED STORM AND SEWERS ARE NOT IMPACTING ANY STREAM OR WETLAND PROPOSED SEWERS ARE CONNECTED TO THE TWO EXISTING SEWER LINES PROPOSED STORM ARE DRAINING RJH 803) 802-1799 Fax: (803) 802-08861186StonecrestBlvd. Tega Cay, SC 29708 15 December 29, 2021 Nicholas Parker Amicus Partners, PLLC 30 Union Street South, Suite B Concord, NC 28025 Expiration of Acceptance: 6/29/2022 Project: Villages at Cramerton Mills County: Gaston The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Catawba 03050102 Warm Stream 24 Catawba 03050102 Riparian Wetland 0.14 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Nick Creidler, agent SITE PHOTOS Headwater Project #202002 Photographs taken on February 19, 2020 Photograph 1. Upper reach of Wetland A2. Photograph 2. Miscellaneous solid waste within upper reach of Wetland A2. SITE PHOTOS Headwater Project #202002 Photographs taken on February 19, 2020 Photograph 3. Wetland A has a dense understory. Photograph 4. Stream A connecting Wetlands A and A2.