HomeMy WebLinkAbout20220436 Ver 1_More Info Requested_20220810DocuSign Envelope ID: 02C3F4D1-7163-47E5-A95A-2C184137DA8E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 10, 2022
DWR # 20220436
Cabarrus County
Forestar Group Inc
Attn: Mr. Robert C Price
481 Munn Road E., Ste 150
Fort Mill SC 29715
Delivered via email to: RobertPrice@forestar.com
Subject: REQUEST FOR ADDITIONAL INFORMATION
Albemarle Road Development Site
Dear Mr. Price:
On March 16, 2022, the Division of Water Resources (Division) received your application requesting a
401 Individual Water Quality Certification from the Division for the subject project. The Division
received additional information on April 25, 2022. On July 14, 2022 the Division was notified by the US
Army Corps of Engineers that the project would be required to secure a Standard (Individual) Section
404 Permit. The Division has amended the previous application and initiated a new review process
based on the updated federal permitting strategy. The Division has determined that your application is
incomplete and cannot be processed. The application is on -hold until all of the following information is
received:
1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result
of the Public Notice, please provide the Division with a copy of your response to the USACE.
2. In order to accurately document DWR mitigation requirements, please provide DWR Stream
Forms for all stream segments. Please include a map that clearly identifies all transition
locations within streams.
3. The Division understands that the majority of impacts labeled as "Future" are within future
phases of the development proposed for construction at a later date, however, it appears
that Future Perm Wetland Impact 13 and Future Perm. Impact R9 are within the current
proposed construction phase. Please clarify why these impacts are labeled as "future".
4. Future Permanent Impact R9, Future Perm Isolated Wetlands Impact 13 and Future Perm.
Wetland Impact C1000-1100 are not listed within the PCN Table of Impacts, please update
the tables accordingly. Please also make any corresponding updates to mitigation totals and
mitigation acceptance letters.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
DocuSign Envelope ID: 02C3F4D1-7163-47E5-A95A-2C184137DA8E
Albemarle Rd Development Site
DWR# 20220436
Request for Additional Information
Page 2 of 4
5. For all locations where multiple culverts are proposed, the plan sheets must clearly details
that low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall
be installed such that they receive only flows above bankfull. Please provide design details
that clearly show floodplain bench construction and/or sills at the inlet and outlet of the
culverts to ensure that the stream is not overwidened on either end of the culvert. Please
also provide a profile view all stormflow culverts.
6. The Division appreciates the modifications that have been proposed to the culvert design at
Stream Impact R3. The Division remains concerned about streambank stability during high
flow conditions and is unclear that streambank riprap will be sufficient given the alignment of
the culverts. Please provide engineering calculations to document velocity and appropriate
riprap sizing and installation. Please provide plan and provide construction details for the
enhanced riprap outlet apron. The details should clearly show how natural stream flow and
conditions will be maintained within a low flow channel within the enhanced riprap apron. It
is the Division's experience that when excessively wide riprap aprons are required for
velocity control and/or stability that natural stream function is not maintained and therefore
these impacts should be considered as permanent loss of stream.
7. For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not recommended, however the applicant must
document that all alternative options for flattening the slope have been investigated and
aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross -vanes, sills, baffles etc.). Please address this comment with regards to the culverts
proposed at Stream Impact R2.
8. You have provided additional information which indicates that culvert sizes are required for
drainage area and that smaller culverts are not feasible. In addition you have stated that
"the narrow OHWM at impact R8 is a result of entrenchment of the stream system". These
statements do not address the concern that stream function will be negatively impacted by
culverts which are substantially wider than the streams. The proposed design will create a
wider stream channel which will lower the depth of the channel and decrease flow, increase
temperature, increase sediment deposition and reduce aquatic passage. Please provide
culvert designs which manage the drainage area while maintaining existing stream function
above and below the culverts.
9. It appears that Stream Impact R1 may disconnect a very small portion of the tributary above
the crossing in such a way that it is likely to remove it's existing uses/functions. This would
constitute indirect impacts to this portion of stream for a loss of function. Please provide
updated plans that clearly show the impacts in relation to the stream start location and if
appropriate, please update the PCN to account for this length of stream as indirect impacts
or modify the crossing location and update the PCN and plan sheets accordingly.
10. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued
upon determining that the proposed activity will comply with state water quality standards
which includes designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the
NORTH CAROLINAD_E
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
DocuSign Envelope ID: 02C3F4D1-7163-47E5-A95A-2C184137DA8E
Albemarle Rd Development Site
DWR# 20220436
Request for Additional Information
Page 3 of 4
proposed activity will comply with water quality standards, the Division shall evaluate if the
proposed activity: (2) would cause or contribute to a violation of water quality standards; (3)
would result in secondary or cumulative impacts that cause or contribute to, or will cause or
contribute to, a violation of water quality standards;" In order for the Division to fully
evaluate potential hydrological impacts on some stream and wetland features within the
project limits, please provide the location of all outlet structures from the SCMs shown on
the proposed plan sheet. In order to avoid further requests for additional information upon
receipt of the response to this item, the Division strongly encourages that you carefully
evaluate the proposed site plan for locations where existing surface hydrology will be
redirected which would have the potential to remove or reduce the existing functions of a
stream and/or wetland. Based on the current proposed plan the Division believes there is
potential for indirect impacts to some features within the overall project limits.
11. Please provide a conceptual construction schedule for all impacts proposed within the
application. Please note that mitigation will be required for ALL impacts unless a mitigation
schedule is requested, reviewed and approved by the Division. Please note that any 401
issued by the Division will expire upon expiration of the 404 Permit.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any
questions or concerns.
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Sincerely,
�DocuSigned by:
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Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
DocuSign Envelope ID: 02C3F4D1-7163-47E5-A95A-2C184137DA8E
Electronic cc:
Albemarle Rd Development Site
DWR# 20220436
Request for Additional Information
Page 4 of 4
Meagan Jolly, Wetlands & Waters Inc.
Crystal Amschler, USACE Asheville Regulatory Field Office
DWR MRO
DWR 401 & Buffer Permitting Branch file
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Filename: 20220436 AbemarleRdDevSite Cabarrus Addinfo.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000