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HomeMy WebLinkAbout20220388 Ver 1_More Information Requested_20220708Strickland, Bev From: Cohn, Colleen M Sent: Friday, July 8, 2022 5:24 PM To: Michelle Savage-Measday, PWS Cc: George.L.Phillips@usace.army.mil; Mark Mayhew Subject: RE: [External] RE: Pines at Wake Crossing DWR#20220388 Hi Michelle, Thanks for speaking with me today. 1. As discussed, it appears that this project has Buffer Impacts that require a Major Variance for the Jordan Lake Buffer Rules, and the locally delegated authority (Town of Apex) will need to submit their findings to the NC Environmental Management Commission (EMC). The Major Variance process may result in changes to the requested wetland impacts. The next EMC meeting is in September. [15A NCAC 02B .0267(12)(e)] 2. My understanding is that the project is proposing to remove forested wetlands and replace with herbaceous. Is this correct? [15A NCAC 02H .502(c)] a. Will trees be replanted? b. Is any mitigation proposed? c. What seed mix will be planted? It is unclear if a riparian mix or a wetlands mix will be used. 3. Please provide additional information on maintaining streambank stability and stability of the road crossing. [15A NCAC 02H .0502(c)] 4. It appears that the proposed wetland impacts will include a sanitary sewer line. Is this a buried sanitary sewer line? How will the line be affected by the removal of the wetlands above it? [15A NCAC 02H .0502(c)] 5. Thank you for the additional information on sediment and erosion controls, but please elaborate on how the activity will not contribute to wetland standards, including but not limited to impacts on: water currents, erosion, or sediment patterns; natural water temperature variations; the chemical, nutrient, and dissolved oxygen regime of the wetland; the movement of aquatic fauna; the pH of the wetland; and water levels or elevations. Additionally, has a soil scientist evaluated the soils at the location? [15A NCAC 02B .0231] Thanks, Colleen Cohn Environmental Specialist II North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 380o Barrett Drive Raleigh, NC 27609 Office: 919-791-4258 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 From: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com> Sent: Thursday, June 9, 2022 5:26 PM To: Cohn, Colleen M <colleen.cohn@ncdenr.gov> Cc: George.L.Phillips@usace.army.mil; Mark Mayhew <mmayhew@eseconsultants.com> Subject: [External] RE: Pines at Wake Crossing DWR#20220388 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Colleen, Thank you for your comments. See below for responses. Thank you, Michelle MICHELLE SAVAGE-MEASDAY, PWS I Environmental Senior Project Manager T 919.861.9910 I D 919.861.9821 1 C 919.441.2437 5260 Greens Dairy Road I Raleigh I NC 127616 ECS SOUTHEAST, LLP www.ecslimited.com THE NEW ASTM PHASE I STANDARD IS HERE - Contact us to find out more. Instagram I Linkedln I Facebook I Twitter Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Cohn, Colleen M <colleen.cohn@ncdenr.gov> Sent: Friday, May 20, 2022 4:10 PM To: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com> Cc: George.L.Phillips@usace.army.mil Subject: [EXTERNAL] Pines at Wake Crossing DWR#20220388 Good afternoon, I am reviewing the above referenced project, and in order to complete the review, some additional information is required: 1) Please provide additional information on avoidance and minimization of wetlands impacts. Based on the included FEMA letter dated December 21, 2020, there are two other options available, including removing a culvert or adding a culvert. Option 1, removing the culvert, was stated as the best option. [15A NCAC 02H .0502(c)] The two other options were discussed at length with FEMA and subsequent to FEMA's letter of 21 December 2020 it was agreed Option 3 would be the best scenario to proceed with. As was explained to FEMA, Option 1, Remove existing culvert, is not a viable option given the safety issues it would create to the public and impact to first responders due to the creation of two dead-end roads. Removing the culvert would require removing and relaying the existing public utilities such as water, power and communications from under the roadway to UNDER the stream bed. Removing the culvert would disconnect the roadway stormwater management system and prevent stormwater from reaching the detention basin on the north side and hence from being treated prior to stream discharge. 2 Option 2, Add an additional culvert would disturb approximately the same amount of wetlands and buffer due to the need to regrade (lower) the flood fringe to direct water into and out of the culvert, add appropriate riprap and to provide construction access to the upstream and downstream areas. 2) Please provide additional information on how the proposed excavation of wetland will not cause a violation of water quality standards. [15A NCAC .0506(b)(2)] The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and control erosion during excavation activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. Refer to Sheet 5 of the impact exhibits for the grading and erosion control plan. Refer to Sheet 4 for the revegetation plan to stabilize the disturbed area. No excavation is proposed below the OHWM. See attached stream section showing limits of excavation and stream photos. 3) Please provide additional details on the buffer impacts. This area appears to be under the Town of Apex's jurisdiction, but it is unclear what item in the Table of Uses you are proposing the activities fall under. [15A NCAC .02B .0267] The Town of Apex has reviewed and will be issuing a variance for the riparian buffer impacts. Upon receipt of the variance, a copy will be sent to you. The variance is expected to be approved at the next Apex Board of Adjustment Meeting in June. Attached is the Town of Apex Staff Report on the variance request. If the variance request is granted by Apex, the applicant will then move to the NC EMC for approval for the Zone 1 impacts. 4) If the US Army Corps of Engineers requests any additional information, please provide the Division with a copy of your response to the USACE. [15A NCAC 02H .0502(c)] Will comply. Thanks, Colleen Cohn Environmental Specialist II North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 380o Barrett Drive Raleigh, NC 27609 Office: 919-791-4258 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 3