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Home My WebLink About20220436 Ver 1_PN Comments to USACE_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 Corps Action ID# SAW-2021-01521 DWR# 20220436 Cabarrus County Crystal Amschler U.S. Army Corps of Engineers Asheville Regulatory Field Office Delivered via email to: Crystal.C.Amschler@usace.army.mil Subject Project: Albemarle Rd Development Site Dear Ms. Amschler: On behalf of the NC Division of Water Resources, we respectfully request that you consider the following comments within your review of the 404 Individual Permit request for the above referenced project: 1. The Division recommends that to ensure consistency with other similar projects, an appropriate Alternatives Analysis be required for this project. 2. The Division is unable to complete a review of the project for compliance with 15A NCAC 02H .0506 at this time. The Division has requested additional technical information from the applicant and requests that the USACE also consider the attached letter during the review of the application. Thank you for your considering the Division's comments during your review of this Individual Permit. If you have any questions, please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov. D_E rdoNlr i UARo. wn oeparimnnt al Environment I quality Sincerely, DocuSigned by: Pa."W0 .0 —949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Unit 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 Corps Action ID# SAW-2021-01521 DWR# 20220436 Cabarrus County Page 2 of 2 Enclosure: Request for Additional Information Letter from DWR to Forestar Group Inc (DWR#20220436, dated August 10 2022) Electronic cc: Meagan Jolly, Wetlands & Waters Inc... DWR MRO DWR 401 & Buffer Permitting Branch file �pD_E ,,,,,,,A,0LINA Opperbrent of Environmental ovali\ Filename: 20220436 AlbemarleRdDevSite_Cabarrus-PN Comments to USACE.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 DocuSign 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. 1:1E NOF.ir I I:ARO.INA ornamman<m enW.aaa,aati (Wanly 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 oeM ofemro nnntai ay.r ly 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. �pD_E Opperbrent of Environmental ovali\ Sincerely, �DocuSigned by: /-a44.1 0 .0 -949D91BA53EF4E0... 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 �pD_E ,,,,,,,A,0LINA Opperbrent of Environmental ovali\ 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