20050732 Ver 06_More Info Received_20070910

MEMO
Date: 10 September 2007
To: Monte Matthews
U. S. Army Corps of Engineers
Raleigh Field Office
From: Allison Weak/ey, Chair
Chatham County Environmental Review Board
Subject: 404 permit modification request by Newland Communities
(Briar Chapel), ACTION ID #: 200121252
Dear Mr. Matthews:
Thank you for the extension of the comment period on the proposed Briar Chapel 404
permit modification. Unfortunately, the 15-day extension (to September 10, 2007) does
not allow the Chatham County Environmental Review Board (ERB) enough time to meet
and discuss the request, as our next meeting is 27 September 2007. We would
appreciate an extension of the comment period through September 30, 2007 to allow for
full discussion by the Board.
In lieu of such an extension, please consider the following comments.
1. The ERB has drafted Riparian Buffer recommendations, at the request of the
Chatham County Board of Commissioners, which should be considered by the Army
Corps and NC Division of Water Quality (DWQ) in their evaluations of the proposed
modifications, especially the recommendations regarding road and utility crossings.
Please see the recommendations for Section 304 of the Chatham County Watershed
Protection Ordinance on the ERB website at
http://www.chathamnc.org/Index.aspx?page=778). Please pay particular attention to
the recommended requirements for stream crossings, which should be avoided and
designed to minimize intrusion into the riparian buffer.
2. It is our understanding that several stream crossings have been re-engineered and
additional impacts at these crossings are due to piping (culverting) streams. The ERB
Riparian Buffer recommendations require bridge crossings or open bottomed culverts
over perennial streams to reduce impacts. Piping (culverting) streams should be
avoided. If culverts are used, they must be sized to ensure that downstream bank and
bed scour does not occur during or following major storm events, and allow for safe
passage for wildlife.

3. One of the proposed modifications requested involves a change in location of a utility
crossing that does not follow a road. The ERB Riparian Buffer recommendations do not
allow utility crossings within riparian buffers of perennial streams unless no practicable
alternative exists. Where stream crossings are necessary, the preferred methodology
for crossings are (1) by attaching to bridges as permitted by NCDOT or private bridge
owner; or (2) by directional boring under the riparian buffer and perennial stream. When
crossing intermittent streams, initiation of construction of crossings is allowed only when
the intermittent streams are dry.
Utilities should be required to follow roads, and crossings of streams and wetlands
should be avoided and minimized.
5. The ERB Riparian Buffer recommendations prohibit bents or other support structures
for bridges within the bankfull area of perennial streams, except where necessary on the
Haw and Deep Rivers. The ERB also makes specific recommendations for restrictions
on fill within the floodplain, and recommends direct discharge of road or driveway ditch
drainage into riparian buffers be prohibited.
6. The cumulative impacts of the proposed modifications need to be addressed
7. Potential impacts to the federally-endangered Cape Fear shiner and other federal
species of concern need to be assessed, and US Fish and Wildlife Service, NC Natural
Heritage Program, and NC Wildlife Resources Commission (NC WRC) should be
consulted about potential impacts. The Army Corps should not be making calls on
impacts to the Cape Fear shiner and other federally tracked species without
consultation with these agencies.
8. The NC WRC made some good comments on the original 404 permit application.
Have these recommendations been incorporated into the original permit, or will they be
considered for the modified permit?
9. The modification application states that there are 61.4 acres of "adjacent" wetlands,
which we assume means adjacent to streams on site. Please consider requesting
preserved buffer areas be extended to the limit of the wetland boundary or the widths
stated in the permit, whichever is greater.
10. All preserved buffer areas should be included in a conservation easement donated
to a third-party, such as the County, State, or a local land trust. Deed restrictions or
covenants enforced by Homeowners' Associations are not sufficient for preservation in
perpetuity.
11. The proposed permit modification states only that the approved mitigation in the
existing permit is thought to be adequate. This is not the case where the wetland
mitigation is a calculated payment to the NC Ecosystem Enhancement Program (EEP).
2

The payment amount should be increased by the amount of the proposed increase in
impact.
Additionally, we request that the specific wetland mitigation site be identified by the EEP
prior to the occurrence of the proposed impact.
Mitigation should be required, and such mitigation should have to take place within the
same Hydrologic Unit (HU) in which the impacts occur. The previously approved permit
allowed mitigation in the Harper's Crossroads area, which is not part of the Haw River
watershed. This should not be allowed in the future.
12. Condition #11 placed on the original 401 certification issued in May 2006 by the NC
Division of Water Quality (DWQ) required water quality (physical, chemical and
biological) monitoring for at minimum the first 5 years of construction. Have these data
been submitted as required, and if so, are water quality standards being met? The ERB
would like to review these data.
Thank you for your consideration of these comments. The ERB asks that you strongly
consider the recommendations for Riparian Buffers (referenced above) to avoid or
mitigate impacts to water resources in Chatham County.
We also request that you notify our Board directly in the future regarding any 404 permit
requests or modifications for development projects in Chatham County.
Please contact me if you have any questions or would like additional information. We
look forward to hearing from you.
Sincerely,
Allison Weakley
Chair, Chatham County Environmental Review Board
919.942.9731
aeweakle~earthlink.net
CC: Charlie Horne, Chatham County Manager's Office
George Lucier, Vice-Chair, Chatham County Board of Commissioners
Kevin Whiteheart, Chatham County Attorney
Keith Megginson, Chatham County Planning Director
Chris Walker, Chair, Chatham County Planning Board
Cyndi Karoly, NC Division of Water Quality
Ian McMillan, NC Division of Water Quality
Ed Timoney, Newland Communities
3