19960722 Ver 1_Meeting Note_19991130

11/30/1999 17:28 546-0757
SPA*,ER ENVIRONMENT
ANfI R F"1g0N1 rALL INC.,
234 FALYETTRYILLR STET ,Ll., SUrM 400 ?O s 9 ?5i.ER*754 COIMI
P.O. BOX 3$7
RMMCxH, NC $700"3$7 FAX 919-54e-0757
November 30, 1999 - - --- - - ---- - ?-! -Post-it' Fax Note 7671 Mr. John Aorney ThJV " pivision of Water Quality Oo.,D*
. , Q %m?ER16Ett
Wetlands/401 Group P.O. Box 29s35 }5?
12aleigh, NC 27626 F81"` }'33.48 ?5}
VIA FASCIMILE
RE: Eagle Ridge Golf Course and Residential Development
Dear John:
Herein is a synopsis of the decisions that were reached during the November 30, 1999 meeting
regarding stream mitigation on the Eagle Ridge Golf Course and Residential Development site,
as mandated by the 401 Water Quality Certification dated September 29, 1999. Reference is also
made to the November 15, 1999 letter to you from our office (attached). Attending this meeting
were Ken Bailey and Melanie Connelly of Arland Community Development, Jim Spangler and
Scott Linnenburger of Spangler Environmental, Inc., and Scott Mitchell of The John R.
McAdams Company. At issue were conditions 6 and 7 of the 401 Certification.
Regarding condition 6:
In order to more accurately depict the reasons for requiring mitigation at U62 and U63,
the original contours of the stream will be removed from the restoration design drawing. These
contours have been significantly altered and, at this time, are nearly straight. Restoring a natural
pattern, dimension, and profile is necessary to comply with this condition. Drawings depicting
this situation are forthcoming. Additionally, it was agreed upon that the restoration at L8 does
not demand as sinuous a channel as is currently depicted. A drawing depicting a natural pattern,
dimension, and profile, but one that does not severely limit the buildable area in the adjacent lots
will be prepared.
Regarding condition 7-
456 feet of stream mitigation, based on 316 feet of mitigation outstanding from the November 4,
1998 approval and 140 feet of mitigation for culverted golf course crossings currently being
permitted, is required for compliance with this condition. Explicit in this condition is the need
for 50 foot wooded buffers on each side of any stream segment proposed as acceptable
mitigation.
The restored stream on the property is 1,472 feet in length. Inadequately buffered areas
(depicted as areas A-F in a design submitted by John R. McAdams Co. in October) are adjacent
ENVIRONMENTAL SCIENCES 0 REMEDI*TION • LAND PLANNING • EXPERT TESTIMONY
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MCaL-F, R- FJM tOMMAIv INC,
to a cumulative total of 700 feet of the total length of the restored steam. Therefore, 772 feet of
acceptable stream mitigation area with 50 foot wooded buffers on each side of the stream, and
contained within the Eagle Midge property, is provided by the on-site stream restoration
activities. This is an excess of 224 linear feet of restoration than is mandated by this condition.
We trust that this information suffices as a synopsis of our November 30, 1999 meeting's
decisions. When the above-mentioned drawings are completed, a package containing those plans
and another copy of this letter will be forwarded to the Wetlands/401 Unit to provide for
compliance with Conditions 6 and 7 of the 401 Certification for this project.
As agreed by the attendees, these items resolve all remaining outstanding issues for 401
Certification compliance, with the exception of Swift Creek withdrawal notification that is
anticipated sometime in 2000.
Again, thank you for your time and effort in resolving this complex situation.
Sincerely,
Spangler Environmental, Inc.
-C? ?
(Jame A. Spangler, H
President
cc. Ken Bailey (Arland)
Melanie Connelly (Arland)
Scott Mitchell (John R, McAdams)
ENY aO?NMENTAL SCIENCES • Ii EDIATTON • LAND PLANNING • EXIT TESMONX
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jUfiLFR f;,N IRONMMM., MC-
224 gALYETrEYRIE STRUT MALL. surm 400
P.O. BOX 367
RALEIGH, NC 57608-08$7
EMAIL- JASpi4NEiLEROALOL.COM
'BONE 919-546-0754
FAX [phone]
November 15,1999
Mr. John Dorney
NCDENR, Division of Water Quality
PC Box 29535
Raleigh, NC 27626
RE: Eagle Ridge Golf Course and Residential Development 401 Certification Conditions
Dear John:
In accordance with the parameters set forth in 401 Water Quality Certification No. 3245, issued
to Sandler at Old Stage, LLC on September 29, 1999 for the Eagle Ridge Golf Course and
Residential Development, we are pleased, as Sandler's authorized agent, to present final
documentation regarding the permittee's compliance under the Federal Clean Water Act. Below
is a reiteration of the 401 Certification Conditions in bold with the perimittee's response in italics.
1. Appropriate sediment and erosion control practices which equal or exceed these
outlined in the most recent version of two manuals, either the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Maonal". The control practices shall be utilized to
prevent eaceedances of the appropriate turbidity water quality standard (50
NTUs).
The permittee is currently working closely, and will continue to work closely with
the Division of Land Resources and Wake County officials to control all sediment
runoff from the site.
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Laud Resources
has released the project.
The permittee submits to removing any sediment and erosion control measures
placed in wetlands or waters and to restoring the natural grade of these areas after
the Division of Land .resources releases the project.
3. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the State until the concrete has hardened.
The permittee submits to allowing all fresh and live concrete to harden before it
comes into contact with waters of the State.
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4. Should waste or borrow sites be located in wetlands or other waters,
compensatory mitigation will be required since it is a direct impact
from this project.
The permittee does not plan on using wetlands or other waters for waste or
borrow sites. .f this situation were to become necessary in the future, the
permittee submits to notifying the Division of Water Quality Wetland/401 Group,
5. A final detailed physical and biological monitoring plan for the stream
restoration shall be submitted for DWQ's written approval by November 15,
1999. This plan should include an amended mitigation plan (based on an
August 3, 1999 "Eagle Ridge Stream Relocation Plan" depicting:
a.) planting species and densities,
b.) more detail for the "tie-in" to the natural channel at the bottom of
the reach,
c.) the angle of the rootwad revetments, and
d.) the "double-wing" deflectors changed to "single-wing" deflectors
or eliminated altogether;
This information has already been prepared for and delivered to the Division of
Water Quality on or before October 15, 1999-
6. The stream "restoration" at L8, U62, and U63 shall be redesigned to mimic
natural streams pattern, dimension, and profile. This plan should be submitted,
by November 15,1999, to DWQ for written approval by November 15,1999;
The permittee is submitting the information required for this condition as apart of
this package.
7. Contribution to the NC Wetland Restoration Program for the inadequately
buffered stream restoration shall be provided on the enclosed form or a similar
length of additional stream mitigation will be needed. This area includes the fill
authorized W our November 4, 1998 approval (316 feet), golf course crossings, as
well as areas within the railroad fright-of-way where, a 50 foot wide wooded
buffer cannot be assured. An accounting of this length must be provided to
DWQ by October 15, 1999 and payment received by November 15,1999;
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The permittee supplied this information prior to October 15, 1999. DWQ has
informed Spangler Environmental, Inc_ that it has additional questions that need to be
answered regarding this matter, is available to meet on November, 301999 for such
a discussion, and will set a reasonable date for this submission of the above
information at this time.
8. Deed notifications or similar mechanisms shall be placed on all lots with
remaining jurisdictional wetlands and waters or areas within 50 feet of all
streams and ponds to notify the state in order- to assure compliance for future
wetland and/or water impact. These mechanisms shall be put in place within 30
days of the date of this letter or the issuance of the 404 Permit (whichever is
later.)
The permittee is placing and will continue to place deed notifications on all lots with
jurisdictional wetlands, waters, and areas within S0 feet of streams and ponds.
9. Water withdrawals from Swift Creek shall not result in less than the 7Q10 of 0.1
cfs at the pump intake. D''WQ shall be copied at least two months before
operation with the plan and calibration calculations for the staff gauge to be
installed to protect this low flow. DWQ shall be notified when pumping begins
for irrigation purposes.
The permittee agrees to submit plan and calibration calculations two months prior to
pump operation and in notifying DWQ when pumping is initiated.
If you have questions concerning any of the enclosed information, please feel free to contact
Scott Linnenburger or Jim Spangler directly at 546-0754.
Sincerely,
Spangler Environmental, Inc.
Scott Linnenburger
Project Manager
cc. Ken Bailey (Arland)
Eric Alsmeyer (USACE)
Scott Mitchell (John R. McAdams)
enclosures
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