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Home My WebLink About20140949 Ver 1_NCDWR Response Package_20141104 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (v) 704-527-1133 (fax) November 5, 2014 Mr. Alan Johnson Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Subject: Response to Request for Additional Information by NCDWR Saddlebrook Site Midland, North Carolina CWS Project No. 2013-3232 Dear Mr. Johnson: Thank you for your letter, dated October 9, 2014, requesting a response to comments made by your office, the North Carolina Division of Water Resources (NCDWR). A copy of your letter is attached for your reference. This letter is in response to your comments on the project. Comments are addressed in the same order that they were provided. There is a question as to potential cumulative impacts for the proposed site. Existing development has occurred under the name of Saddlebrook, which was observed entering the site. This needs to be resolved to determine total impacts and potential mitigation requirements for this project and possible future development at the site. In communication with our client regarding previous phases of the project, it was determined that the existing Saddlebrook residential neighborhood was built by a previous developer, which ultimately filed for bankruptcy. Furthermore, there is a separate and complete entrance to the subdivision off of Highway 601 which satisfies the separate and complete utility test.The current Saddlebrook project is related to the previous project in name only, and thus previous impacts are not considered cumulative with the current project. A post construction stormwater plan may be required for the site per condition #12 of General Certification 3890. Prior to issuance of the Certification, an approved plan is required. The post-construction stormwater plan is currently under design and will meet the requirements of condition #12 of General Certification 3890. Proposed Impacts need to be clarified Figure #5 (jurisdictional map): shows Wetland AA as 0.48 acre, Wetland BB as 0.41 acre, with total stream on site of 354 lf. · NORTH CAROLINA SOUTH CAROLINA WWW.CWS-INC.NET Saddlebrook Site November 5, 2014 Response to Request for Additional Information CWS Project No. 2013-3232 Based on field observations on October 7, 2014, with Mr. Steve Kichefski (US Army Corps of Engineers, USACE), Mr. William Elliot (USACE), and Mr. Alan Johnson (NCDWR), it was determined that Intermittent Stream A is a linear wetland (Figure 1, attached). New calculations based on this assessment amounts Wetland AA to be 0.555 acre in extent. Figure #7 (original proposed impacts): shows Wetland AA as 0.51 acre and Wetland BB as 0.039 acre, with 263 lf of stream impact (there is no indication of stream impact in the bottom southeast corner near the power tower). Based on verification of Wetland AA by USACE and NCDWR on October 7, 2014, new calculations of originally-proposed impacts to Wetland AA amount to 0.544 ac (0.011 ac avoided; Figure 2, attached). Figure #8 (revised impacts): shows Wetland AA as 0.421 acre and Wetland BB 0.039 acre, with 263 lf of stream impact and again no stream impact for the stream section in the bottom corner. Based on verification of Wetland AA by USACE and NCDWR on October 7, 2014, new calculations of revised impacts to Wetland AA amount to 0.487 acre (0.068 ac avoided; Figure 3, attached). None of the maps appear to account for the minor tributary located in the lower corner of the map(s) to the main feature running through the site. The power tower located in the southeastern area of the project limits is an existing structure. Therefore, this portion of Wetland AA will be avoided with no impacts. Please clarify where the wetland(s) begin and end as it related to the stream channel(s) and provide clarity as to the total wetland and stream(s) on site and the proposed impacts to the wetland/stream(s) at the site. Based on verification of Wetland AA by USACE and NCDWR on October 7, 2014, the total area of Wetland AA amounts to 0.555 ac. No jurisdictional streams are located on-site. Proposed on-site mitigation. There is strong concern whether long term functional uplift can be achieved through enhancement of the feature under consideration. The hydrology of the site is controlled by an offsite pond to which currently the developer has no control. Should the downstream pond be removed or altered it would have an adverse effect on the water level. Also, it the enhancement was to modify the wetland type. Finally, given the location of the site there appears to be some difficulties; Bethel Church Road is immediately adjacent to the south (which may be subject to widening due to development growth), a sewer easement along the eastern 2 Saddlebrook Site November 5, 2014 Response to Request for Additional Information CWS Project No. 2013-3232 The client has decided to submit a request for mitigation credits through the North Carolina Ecosystem Enhancement Program (NCEEP). The current North Carolina Ecosystem Enhancement Program fee schedule (http://portal.ncdenr.org/web/eep/fee- schedules) states that the cost of compensatory mitigation for Yadkin River Basin (HU #03040105) is $69,736 per acre. For the Saddlebrook project, impacts to 0.487 acres of riparian wetland will result in a mitigation cost of $34,868, based on rounding to the nearest 0.25 acre. Avoidance and minimization. With the exception of the wetland at the top (north) of the subdivision, please provide comments to clarify why the other wetland/stream feature could not be avoided or impacts minimized. This option was not considered as it is not economically feasible. Furthermore, since the current property owner purchased the property for the purpose of completing the development, this option would not meet any of the project goals. Therefore, the No-Build Alternative was eliminated from further consideration. In order to complete to project, impacts to Wetland AA are unavoidable. The location for these impacts is constrained by the existing road layout (Hill Pine Road, Saddlebrook Road, and Route 601), as well as the natural site topography and existing natural resources. Impacts were reduced through avoidance of wetlands originally planned to be impacted. Lot lines were shifted to avoid the highest value on-site wetland area and resulted in a reduction in buildable lots. Please do not hesitate to contact us at 704-408-1683, or through email at gregg@cws-inc.net should you have any additional questions or comments regarding this permit submittal. Sincerely, Gregg Antemann, PWS Erin Bradshaw Settevendemio Principle Scientist Project Wetland Scientist Attachments: Request for Additional Information Letter Figure 1. Jurisdictional Boundary Map Figure 2. Original Site Impacts Map Figure 3. Revised Site Impacts Map Cc: Scott Twiddy, Carolina Development Services, LLC Karen Higgins, Wetlands Unit William Elliot, Asheville COE 3 I Wetland AA 0.555 acre Legend Project limits Wetland AA Tax parcels Roads NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC. 3001500300Feet ON JANUARY 28, 2014. JURISDICTIONAL FEATURES WERE VERIFIED BY USACE ON OCTOBER 7, 2014. REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY CABARRUS COUNTY. I Impacted wetlands 0.544 acre Avoided wetlands 0.011 acre Legend Project limits Original impacted wetlands (0.544 ac) Original avoided wetlands (0.011 ac) Roads NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC. 3001500300Feet ON JANUARY 28, 2014. JURISDICTIONAL FEATURES WERE VERIFIED BY USACE ON OCTOBER 7, 2014. REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY CAROLINA DEVELOPMENT SERVICES, LLC, DATED 2014. I Avoided wetlands 0.068 acre Impacted wetlands 0.487 acre Legend Project limits Revised avoided wetland (0.068 ac) Revised impacted wetland (0.487 ac) Roads NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC. ON JANUARY 28, 2014. JURISDICTIONAL FEATURES WERE VERIFIED BY USACE ON OCTOBER 7, 2014. 4002000400Feet REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY CAROLINA DEVELOPMENT SERVICES, LLC, DATED 2014.