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HomeMy WebLinkAbout19960722 Ver 1_Complete File_1999091408/12/1999 20:47 8565855 I. m WAKE COUNTY ENGINEERING Department of Environmental Services Erosion, Flood and Stormwater Services (919) 856 -7449 PAX: (919) 856 -5855 PO Box 550, Raleigh, NC 27602 FAX COVER SHEET DATE: l3'y9 TO: FAX N[JM BM- NC LAMER OF PAGES (including, covcz): 3 FAX IS SENT PAGE 01 IF YOU AO NOT RECEIVE ALL PAGES CLEARLY, CALL BACK AS SOON AS POSSIBLE REIMA KS: Cjue q 7 %�6vby L��AS,.�yess7/s- 1�� pd eec r�,r... w �ftiG� /if e. �d ,4 �wr � *l f 5��6 nytttov I65Kds Cep`s6 5,0 o //^. A� ®// A111,1 WI r' Ceti K °k 05 �i% d � ` c%`s sr �at� �.✓ �Vik To protect and improve the quality of Wake County's environment and ensure a healthy future for its citizens through cooperation, education, management and enforcement - Printed on Nec"I&d Papor- 08/12/1999 20:47 8565855 ENGINEERING PAGE 02 WAKE COUNTY Department of Environmental Services Erosion, Flood and Stormwater Services (919) 856 -7449 FAX: (919) 856-5855 PO gox 550, Raleigh, NC 27602 08/13/99 Arland Community Development 3211 Bramer Drive, Suite F- Raleigh, N C 27602 Phone #: 9I9/872 -3525 Fax #: 9191 - ATIN: John Meyers RE: Letter of Disapproval Project Name, Eagle Ridge Stream, Relocation Submitted By: John R McAdams Co any Project #: 99 -0107 P O Box 14005 Date Received: 6 -28-99 Research Triangle Park Date Processing Initiated. 7 -14 -99 Phone #: 919/361 -5000 Fax #: 919/361 -2269 Disturbed Acres: 0 Watershed: Neuse 03 -04 -02 Submittal Eg Revision ❑ flan Review Fee: $0.00 band Disturbance Fee: Pending Dear Mr. Meyers: The Erosion and Sedimentation Control Plan submitted for the subject project has been reviewed by this office_ Based upon a thorough review of the submitted plans and supporting materials, we find the plan as submitted to be unacceptable and said plan is hereby disapproved by the authority grated to this office by North Carolina General Assembly through Chapter 392 of the Sessions Laws of North Carolina, 1973 (hereinafter refer as Erosion and Sedimentation Control Ordinance of Wake County). The reasons for disapproval of the submitted plan and any recommendations are listed and explained on the enclosed form which is incorporated as a part of this letter of disapproval. You may submit a Revised Erosion and Sedimentation Control Plan for approval covering those items as outlined on the enclosed form Under the authority of Erosion and Sedimentation Control Ordinance, this office has 1.5 days from the date of receipt to approve or disapprove your revised plan. However, if you wish to contest the disapproval of this plan, you must request an administrative hearing within 15 days of your receipt of this Letter of Disapproval. This request must be in the foram of a written demand, conforming to the requirements of A9glg Section 11(1) of the Ordinance. A copy of the petition must be served on this Division and to the Director of the Department of .Environmental Services. Reasons for Disapproval: First let me tell you that I was impressed with the detailed design packet submitued with your last submission and after reviewing the new calculations we can accept the use of temporary matting. There are still some issues that To protect and improve the quality of Wake County's environment and ensure a healthy future for its citizens through cooperation, education, management and enforcement — Printed on Recycled Paper- 08/12/1999 20:47 8565855 ENGINEERING PAGE 03 need to be addressed. There are some design elements that we are unwilling to accept and there are others that need to be spelled out in more detail. I want to make sure your design intentions are understood by the contractor. (1.) The design specifications for your channel relocation still show side slopes that are not acceptable (1.5:1). For all practical purposes this will be a grassed channel with temporary liner until the selected bank vegetation forms a stable root mass. We can accept no less than 2:1 side slopes even,with a vegetative cover of shrubs and vines. (2.) In the last review it was stated that the 2:1 side slopes would be allowed only if you show stable vegetation that was slope adapted. You have provided a list of plants to be used, which does not sufficiently describe the process. I will need to see a detailed planting plan, describing type of vegetation, spacing (density) of plants in each zone, and installation method to be used. I would like this broken down into zones (stream bottom, mean low water, mean water level and mean high water). There needs to be details and or instructions on how the planting will be installed in the matting in order not to undermine the integrity of the matting. I am especially concerned about what is refered to in the N.C. Sediment and Erosion Control Design Manual Section (6.72)(attached) as tho "reed bank zone" and how the installation of the type vegetation to be used (rushes,reed grasses, cattails, etc.) will affect the stablity of the temmpoary matting in the stream bottom. (3.) Another issue is the use of rye grass in the hydro seeding mixture. While rye grass does gerrainnate quickly it is too competative when mixed with other grasses and hurts more than it helps. Please remove rye grass from the mixture. (4.) I would still like a note on the plat} as follows NO'T'E; The water from the existing channel is not to be diverted into the new channel until vegetation in the new channel is stable and only at the direction of Wake County Environmental Engineer/Planner. Pending approval of a revised plan or a decision on an appeal, commencement or continuation of any land - disturbing activity associated with this project will constitute a violation of the Sedimentation and Erosion Control Ordinance of Wake County. Please feel free to contact this office at your convenience if you have any questions or if we can provide any assistance in resolving this matter. Sincerely, W. Jake or End ental Engineer/Planner I cc: Scott Mitchell, John R. McAdams Company, Designer John Dorney, NC Division of Water Quality TIE JOHN R WADAMS CO: LETTER OF TRANSMITTAL To: Mr. Todd St. John NC Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Date: 1W For 8 -16 -99 ** FEDERAL EXPRESS " Re: Eagle Ridge Stream Relocation Job No.: ACD -99000 I am sending you the following item(s): COPIES DATE NO. DESCRIPTION 1 8/13/99 2 Detailed Planting plan for Eagle Ridge Stream Reloc. These are transmitted as checked below: ❑ As requested ® For approval ❑ For review and comment ❑ For your use Remarks: Todd, here is the detailed planting plan for the Eagle Ridge Stream Relocation. I have sent copies of this planting plan to Jake Taylor with Wake County Environmental Services and John Holly with NC Division of Land Quality. If you have any questions, please call. Thanks, Copy to: Fritz Brunssen, P.E. Signed: Scott Mltchell,'E.I., S"S.I.T. CIVIL ENGINEERING • LAND PLANNING • LANDSCAPE ARCHITECTURE • SURVEYING PO Box 14005 • Research Triangle Park, NC 27709 • (919) 361 -5000 • fax(919)361-2269 wwwjohnrmcadams.com ern NCDENR DIVISION OF WATER QUALITY August 17, 1999 Memorandum To: John Dorney From: Todd St. John ) \ _ titRC� �1� � Q vLeE- Subject: Eagle Ridge Stream Relocation Wake County The proposed stream location plan has been approved by Wake County Environmental Services, according to my conversation with Jake Taylor yesterday. The approval is conditional upon the fact that the project perform correctly. In order for this Office to approve the relocation plan, it is recommended that the following information be provided: 1) A detailed landscaping plan should be provided that includes densities, locations and species of proposed vegetation. Also, the current plan does not provide adequate 50 foot forested buffers on either side of the relocated stream channel in several areas. The buffers and channel may also encroach upon railroad ROWS. Of particular concern is the stability of the reaches of the relocated channel that are located along the proposed fairway. Inadequate buffer vegetation (especially trees and other woody, deep- rooted vegetation) may result in unstable channel reaches. These sections of stream may require armoring (soft or hard) to ensure adequate stability. Also, the inadequately buffered reaches should not count as mitigation for the relocated channel. 2) A detailed biological and physical monitoring plan should be provided. 3) Adequate detail showing the "tie -in" of the relocated channel to the existing channel at the bottom of the reach should be provided. 4) Additional detail of the rootwad revetment plans should be shown to include accepted angle(s) of rootwad placement. ern NCDENR DIVISION OF WATER QUALITY August 17, 1999 Memorandum To: John Dorney From: Todd St. John t�l Subject: Eagle Ridge Stream Relocation Wake County The proposed stream location plan has been approved by Wake County Environmental Services, according to my conversation with Jake Taylor yesterday. The approval is conditional upon the fact that the project perform correctly. In order for this Office to approve the relocation plan, it is recommended that the following information be provided: 1) A detailed landscaping plan should be provided that includes densities, locations and species of proposed vegetation. Also, the current plan does not provide adequate 50 foot forested buffers on either side of the relocated stream channel in several areas. The buffers and channel may also encroach upon railroad ROWs. Of particular concern is the stability of the reaches of the relocated channel that are located along the proposed fairway. Inadequate buffer vegetation (especially trees and other woody, deep- rooted vegetation) may result in unstable channel reaches. These sections of stream may require armoring (soft or hard) to ensure adequate stability. Also, the inadequately buffered reaches should not count as mitigation for the relocated channel. 2) A detailed biological and physical monitoring plan should be provided. 3) Adequate detail showing the "tie -in" of the relocated channel to the existing channel at the bottom of the reach should be provided. 4) Additional detail of the rootwad revetment plans should be shown to include accepted angle(s) of rootwad placement. SPANGLER ENVIRONMENTAL, INC. 4 P.O. Box 387 Raleigh, NC 27602 -0387 August 20, 1999 Mr. John Dorney NCDENR- Division of Water Quality Wetlands /401 Group 4401 Reedy Creek Rd. Raleigh, NC 27607 RE: Notification of water withdrawal from Swift Creek Mr. Dorney: Telephone 919 -546 -0754 Fax 919 -546 -0757 As the authorized agent for Sandler at Old Stage, LLC, Spangler Environmental, Inc.(SEI) herein submits notification to your office of a minor surface water withdrawal from Swift Creek in the Neuse River Basin, Wake County for the purpose of establishing and maintaining the planned golf course landscaping and wetland and riparian mitigation vegetation in the Eagle Ridge Residential and Golf Course Development. The withdrawal will be temporary in nature and will not involve the placement of any permanent structures in Swift Creek or in close proximity to its banks. Pump Assemblage The intended pump is portable and will be stored on the Swift Creek bank during the next 24 months. It has the capacity to withdraw 1300 gpm (1.87 MGD), and will convey through a 6" diameter line for a distance of 1200 where it will be stored in a holding pond. There is no flow meter on the pump. Projected Water Needs Water from the Creek will be stored in the pond and pumped out to facilitate irrigation of the development and golf course. The pond will hold between 2 and 2.5 million gallons. The current estimated irrigation demands for the next two years are: mid August- October 1999 0.80 MGD November — February 2000 0.50 MGD March — July 0.80 MGD August — September 0.60 MGD October 0.35 MGD November 0.30 MGD December — February 2001 0.10 MGD March 0.30 MGD April 0.35 MGD May — June 0.40 MGD July 0.60 MGD The total storage of the pond is between 2.5 days of irrigation for "high need" months to 25 days during "low need" months. Environmental Sciences • Environmental Remediation • Planning • Expert Testimony Alternative water sources are being evaluated for use periods when pumping directly from Swift Creek cannot satisfy irrigation demands without exceeding low -flow parameters. The alternatives currently being explored include on -site groundwater wells (estimated 50 —150 gpm or 0.07 — 0.22 MGD), purchase of potable water from the Town of Garner (0.20 — 0.25 MGD during non - drought conditions), or the utilization of water from a private lake adjacent to the project site. Protection of Low -Flow Characteristics The average annual unit flow published by USGS in the Swift Creek basin is 1.1 cfs /mil of drainage area. Employing the drainage area measurement at the nearest USGS station, McCuller's Crossroads (period of data 1932, 1949 - 1953), the average flow is just under 40 MGD at the project site. The critical period of pumping is likely to be during high demand months that coincide with months that typically have lower stream flow characteristics. Employing USGS stream data from an old station at McCuller's Crossroads that is very close to the project site, the 7Q10 is 0.1 cfs (0.065 MGD). Since this figure is lower than the projected daily demand, a monitoring device will be installed to assist pump operators in determining low flow withdrawal limits. SEI personnel will install a staff gauge at an arbitrary elevation just downstream of the pump intake. Flow measurements will be taken and the stage recorded. The stage of the 7Q 10 flow of 0.1 cfs (from McCuller's Crossroad's data) will be calculated based on these field measurements, and the critical stage will be brightly marked on the gauge. If this stage is reached during a pumping event, the pump will be immediately shut off. The field calculations and staff gauge specifications will be forwarded to your office upon completion. Conclusion The temporary pumping of surface water from Swift Creek is necessary to meet the temporary irrigation demands of the development of the Eagle Ridge Residential and Golf Course Community. This can be accomplished without the construction of permanent structures in or along the creek and without exceeding low flow levels necessary to sustain aquatic habitat. A monitoring gauge will be placed just downsteam from the portable pump to allow the end user to shut off the pump when low flows are approached. Should you have any questions about the methodologies described or the nature of the system, please do not hesitate to call us (919) 546 -0754. Sincerely, Spangler Environmental, Inc. A. Spangler II President cc. Ken Bailey (Arland Community Development) Ken Jolly (US Army Corps of Engineers) ern NCDENR DIVISION OF WATER QUALITY September 8, 1999 Memorandum To: John Dorney From: Todd St. John Subject: Eagle Ridge Stream Restoration Wake County I received a planting plan for the subject stream restoration project. The planting plan appears to be sparse based on a 400 tree per acre amount; However, no densities were provided. I have been unable to locate the file for this project. I have attached a memo that I had prepared previously regarding the subject project. I am uncertain if the other items included in my previous memo have been addressed. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr:, Governor Bill Holman, Secretary Kerr T. Stevens, Director 00ft D E N R Division of Water Quality Environmental Sciences Branch & Wetlands /401 Unit Location: 4401 Reedy Creek Road Raleigh, N.C. 27607 Mailing Address: 1621 Mail Service Center Raleigh, N.C. 27699 FAX: (919) 733 -9959 1// V/�r FAX TO: I FAX NUMBER: SYb ­0 1751 FROM: PHONE: NO. OF PAGES INCLUDING THIS SHEET: I , - . -f-i-, , I n ---� 2, 1 If you receive this fax by mistake call: ESB (919) 733 -9960 or Wetlands (919) 733 -1786. * • i 09/14/1999 17:36 546 -0757 SPANGLER ENVIRONMENT UVIRONMUfrA4 INC. 224 Fayetteville Street Mall, Suite 400 PO Box 387 Telephone 919 -546 -0754 Raleigh, NC 27602 -0387 Fax 919 -546 -0757 FACST VOLE Date ZI-Vk. To .AVA/ AAeVfY Company Name Z) k/ a Project Number S& ; OS Za From V 1 Al sp±!!!� Fax 733 ?9477 PAGE 01 Total Number of Pages Including this Cover Sheet ♦ 0JVA1 : -7 !'GAM /tf" ACI lil/I7i� R/P a-C) 14 O WOVYI For Questions or Problems Regarding this Fax, Please Call Environmental Sciences - Environmental Remediation - Planning - Expert Testimony Ij 99/14/1999 17:36 546 -6757 SPANGLER ENVIRONMENT PAGE 02 SEP -14 -1999 TUE 01;51 PM FAX N0. P. 02 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr„ Governor Bill Holman, Secretary Kerr T. Stevens, Director Kenneth Bailey Sandler at Old Stage, LLC 448 Viking Drive Suite 225 Virginia Beach, VA 23451 Dear Mr. Bailey: 1 I'M% 000% OWL- NCDENR NORTH CAROILANA DEPARTMENT of r- WARONMENT AND NATURAL RrtOURCES September 14, 1999 Re: Certification Pursuant to Section 401 of the fedora.] Clean Water Act, Proposed Eagle Ridge Development and Golf course WQC Project # 960722 COE # 199920576 Wake Coup xs 0opy of Certification 14o, 3245 issued to Sandler at Old Stage, LLC dated If we ca)ubSWurther assistance, do not hesitate to contact us, Sincerely, Kerr T. Stevens AttacbmePts 960722.wgc cc: Wilmington District Corps of Fslgineers Corps of Engineers Raleigh Field office Raleigh DWQ Regional Office File Copy Central File", Jim Spangler; Spangler Environmental Scott Mitchell; John R. McAdams Company Division of Water Quality • Non - Discharge 13ranch Wetland&/401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone 919 - 733.1786 FAX # 733 -9959 An Equal opportunity Affirmative Action Employer • 50% recyeled/t 0% post consumer paper 09/14/1999 17:36 546 -0757 SPANGLER ENVIRONMENT PAGE 03 SEE -14 -1999 TUE 01:52 PM FAX N0, P. 03 NORTH C ;U-'rs lNA 401��1�I'!'y� CIFI • T>tpN THIS CFR'I'IRCA '' sued to confor mlty with there errs of Section 401 public laws 92-500 and 95 -217 Un o , e North Carolina Division of Water Quality (DWQ) Regulations in 1 500. It is issued to Sandler at Old Stage, LLC resulting in 0.36 of wets n0 1.,'771 feet of stream h p ct in Wake County pursuant to a revised application dated the day o ��� to c struct a golf course and residential development. K , ►999 ' 7bc application vides adequate assurance t the discharge of fill material into th�,waters of swift Creek con 'un a the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Thercrore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and FL 95 -217 if conducted in accordance with the application and conditions hereinafter set forth. This :approval is only valid for the purpose and design tbAt you submitted in your application, as described in the Public Notice. If you change ' et, you must notify us and send us a new application for a new certification, If the is sold, the new owner must be given a copy of the Certification and approval letter and is a by sponsibl for complying with all conditions. If total wetland fills for this project (now or in fu c no acre, compensatory mitigation may be required as described in 15A NCAC 2H . 506 (h (6) d (7). For this approval to be valid, you must follow the conditions listed below, In adds ' should got any other federal, state or local permits bofore you go ahead with your project including (but not limited to) Sediment. and Erosion control, Coastal Stormwater, Non - discharge and Water Supply watershed regulations. Condition(s) of Certification. 1. Appropriate sediment and eroCrth trol pr cores which equal or exceed those outlined in the most recent version of two to ither a "North Carolina Sediment and Erosion Control Pla3nning and Design Manual" N Carolina Surface Mining Manual" (available from the Division of Land ResourcEHNR Regional or Central Offices). The control practices shall be to prevent exceedanees of the appropriate turbidity water quality standard (50 NT s) ; 2. All sediment an erosi Control measures placed in wetlands or waters shall be removed mid the natural grade r-ftt6red after the Division of Land Resources has released the project; 3. Measures shrill be taken to prevent live or fresh concrete from coming into cgntact with waters of the state until the concrete has hardened; 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; 5. A final detailed physical and biological monitoring plan for the stream restoration shall be submitted for 1)WQ's written approval by November 15, 1999. This plan should include an amended mitigation plan (based on your August 3, 1999 'Tagle Ridge Stream Relocation .Plan" depicting; 09/14/1999 17:36 546 -0757 SPANGLER ENVIRONMENT PAGE 04 Ar -14-1 UyU 1 Uh U 1: be Fn FAX N0. P. 04 a) planting species and densities, b) more detail for the "tie -in" to the nawt°al channel at the bottom of the reach, c) the angle of the footwad revetments, and d) the "double- wing" deflectors changed to "single -wing deflectors or eliminated altogether. 6. The stream ,restoration" at L8, U62 and U63 shall be redesigned to mimic natural stream attern, and profile. This plan shall be submi o DWQ for written approve overnb4r 1$,19 7. Contribution to the NC Wetland Restoration Program for the inadequately buffer stream tustor-ation shall be provided on the enclosed form or a similar length of additional stream Mitigation will be nooded. This area includes the fill authorized in our November 4, 1998 approval (316 feet), golf crossings as well as areas within the railroad right -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. S. 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). 9. Water withdrawals from Swift Crock shall not result in less than the 7Q10 of 0.1 cis at the pump intake. DWQ 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. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes an sled with the Office of Administrativo Nearings, p,Q, Box 27447, Raleigh, NC, 2C36 8447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing an the modifications upon written request within sixty (60) days following receipt of tho Certification. Unless such demands arc made, this CertiCcation shall be final and binding_ This the le day of September 1999 l IVU;ION OF WATpA QUALITY Kerr T. Stevens WQC 0 3245 e estate of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Kenneth Bailey Sandler at Old Stage, LLC 448 Viking Drive Suite 225 Virginia Beach, VA 23452 Dear Mr. Bailey: 1 � NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 21, 1999 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Eagle Ridge Development and Golf Course WQC Project # 960722 COE # 199920576 Wake County Attached hereto is a copy of Certification No. 3245 issued to Sandler at Old Stage, LLC dated September 21, 1999. If we can be of further assistance, do not hesitate to contact us. Attachments 950722.wgc cc: Wilmington District Corps of Engineers Corps 'of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Jim Spangler; Spangler Environmental Scott Mitcheil; John R. McAdams Company -in rely rr . Stevens 1 I Division of Water Quality • Non - Discharge Branch Wetlands /401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone 919- 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10 %a post consumer paper M a NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION dated September 21, 1999 is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to Sandler at Old Stage, LLC resulting in 0.36 of wetland and 1,771 feet of stream impact in Wake County pursuant to a revised application dated the 26' day of January 13,1999 to construct a golf course and residential development. The application provides adequate assurance that the discharge of fill material into unnamed tributaries the waters of Swift Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of P1. 92-500 and PL 95 -217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. If you change your project, you must notify us and send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future exceed one acre, compensatory mitigation may be required as described in 15A NCAC ZH .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non - discharge and Water Supply watershed regulations. Condition(s) of Certification: Appropriate sediment and erosion control practices which equal or exceed those 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 Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released 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; 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; 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 your 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. 6. The stream "restoration" at L8, U62 and U63 shall be redesigned to mimic natural stream pattern, dimension and profile. This plan shall be submitted, by November 15, 1999 to DWQ for written approval by November 15, 1999. 7. Contribution to the NC Wetland Restoration Program for the inadequately buffer 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 in our November 4, 1998 approval (3 16 feet), golf crossings as well as areas within the railroad right -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. 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). 9. Water withdrawals from Swift Creek shall not result in less than the 7Q10 of 0.1 cfs at the pump .. intake. DWQ 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. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611 -7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. , WQC # 3245 This the 21' day of September 1999 DIVISION OF WATER QUALITY M I IV State of North- Carolina Department of Environment and Natural resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Kenneth Bailey Sandler at Old Stage, LLC 448 Viking Drive Suite 225 Virginia Beach, VA 23452 Dear Mr. Bailey: September 21, 1999 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Eagle Ridge Development and Golf Course WQC Project # 960722 COE # 199920576 Wake County Attached hereto is a copy of Certification No. 3245 issued to Sandler at Old Stage, LLC dated September 21, 1999. If we can be of further assistance, do not hesitate to contact us. Attachments 960722.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Jim Spangler; Spangler Environmental Scott Mitchell; John R. McAdams Company Pin ely. Stevens i Division of Water Quality • Non- Discharge Branch Wetlands /401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone 91 9- 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer • 50% recycled /10% post consumer paper 61 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION dated September 21, 1999 is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to Sandler at Old Stage, LLC resulting in 0.36 of wetland and 1,771 feet of stream impact in Wake County pursuant to a revised application dated the 26' day of January 13,1999 to construct a golf course and residential development. The application provides adequate assurance that the discharge of fill material into unnamed tributaries the waters of Swift Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. If you change your project, you must notify us and send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506.(h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non- discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. Appropriate sediment and erosion control practices which equal or exceed those 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 Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released 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; 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; 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 your 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. 6. The stream "restoration" at L8, U62 and U63 shall be redesigned to mimic natural stream pattern, dimension and profile. This plan shall be submitted, by November 15, 1999 to DWQ for written approval by November 15, 1999. 7. Contribution to the NC Wetland Restoration Program for the inadequately buffer 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 in our November 4, 1998 approval (316 feet), golf crossings as well as areas within the railroad right -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. 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). 9. Water withdrawals from Swift Creek shall not result in less than the 7Q10 of 0.1 cfs at the pump - intake. DWQ 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. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. WQC # 3245 This the 21' day, of September 1999 DIVISION OF WATER QUALITY 1 10 i. TBE JOHN K WADAMS COMP LETTER OF TRANSMITTAL To: Mr. John Dorney NC Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Re: Eagle Ridge Stream Relocation I am sending you the following item(s): Date: 10 -14 -99 Job No.: ACD -99000 QUALITA'T l l VF'JZ COPIES DATE NO. DESCRIPTION 1 8/13/99 2 Detailed Planting plan for Eagle Ridge Stream Reloc. 1 10/14/99 5 Revised Stream Relocation Plans 1 10/13/99 1 1 1 Responses to Sept. 21, 1999, 401 Certification 1 10/1/99 1 1 1 Inadequate Buffer Delineation Exhibit These are transmitted as checked below: ❑ As requested ❑ For your use ® For approval ❑ ❑ For review and comment ❑ Remarks: Mr. Dorney, here is the revised set of construction plans for the Eagle Ridge Stream Relocation (per DWQ's 9- 21 -99, 401 Certification). Also included is a letter of response to Conditions of Certification numbers 5 & 7. An exhibit is included to display areas that are inadequately buffered as referred to in the resDonse letter. Please call if you have anv auestions. Thanks. Copy to: Brian Surak, P.E. Signed: I., S.S.I.T. CIVIL ENGINEERING • LAND PLANNING • LANDSCAPE ARCHITECTURE • SURVEYING PO Box 14005 • Research Triangle Park, NIC 27709 • (919) 361 -5000 • fax (919) 361 -2269 www.johnrmcadams.com .lk�, THE JOHN R. McADAMS COMPANY, INC. October 13, 1999 Mr. John Dorney North Carolina DENR Raleigh Regional Office Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Re: Eagle Ridge Stream Relocation ACD -99000 WQC Project #960722 COE #199920576 Dear Mr. Dorney, This letter is in response to your September 21, 1999 North Carolina 401 Water Quality Certification for the Eagle Ridge Development and Golf Course. Several Conditions of Certification were listed as part of the permit. This letter addresses required amendments to the mitigation plan (condition #5) and areas of the proposed stream relocation that are inadequately buffered along the railroad right - of -way (condition #7). Condition #5 states that: , 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 your 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. CIVIL ENGINEERING • LAND PLANNING • LANDSCAPE ARCHITECTURE • SURVEYING PO Box 14005 • Research Triangle Park, NC 27709 • (919) 361 -5000 • fax(919)361-2269 www.johnrmcadams.com THE JOHN R. McADAMS COMPANY, INC. Mr. John Dorney October 13, 1999 Page Two The John R. McAdams Company is preparing the final mitigation plan, while the final detailed physical 4:er elagira4 mo ' for the stream restoration is being prepared by Environ mental Consultants. For convenience, each amendment to the mi er listed above. A) In early July, Mr. Ken Jolly of the US Army Corps of Engineers was contacted concerning suitable planting species and densities for the Eagle Ridge site stream buffers. Mr. Jolly recommended speaking with Mr. Owen Anderson of the NC Wildlife Resources Commission to obtain appropriate species and spacing suggestions, since no written Corps of Engineers guidelines exist. After talking with Mr. Owen Anderson, a detailed planting / landscaping plan (designed by Mr. Shawn Anderson of Basnight Land & Lawn) for the stream relocation site was submitted to DWQ (addressed to Mr. Todd St. John, P.E.) on August 16, 1999. This plan utilizes native, mass producing species recommended by Mr. Owen Anderson. Mastproducing trees were recommended due to their benefits to local wildlife versus simply planting live willow stakings. Mr. Owen Anderson recommended that Mr. Shawn Anderson utilize spacings that he (Shawn) felt were appropriate for the selected species, since Shawn is highly experienced in landscape design. The detailed planting plan, as submitted on August 16, 1999, Z directly implements all of Mr. Owen Anderson's recommendations, and is more than adequate to supply appropriate buffer materials due to the large size and type US of trees selected. B) More detail for the "tie -in" to the natural channel at the bottom of the reach is supplied with an additional plan sheet. The additional plan sheet focuses on the "tie -in" at a scale of 1 " =10'. As this sheet displays, the existing channel centerline makes approximately an 18 -foot radius bend before continuing to the next downstream bend. The proposed channel "tie -in" increases the bend radius to approximately 27 -feet; a 50% increase in bend radius as compared to the existing stream centerline bend radius. By increasing its radius, this stream bend will be more stable with the proposed channel in place than with existing conditions. �vbJ Sfi� QTd . -1 aO. S �w - C) The details for the stream relocation plan have been updated to indicate that rootwads are to be installed at an angle of 20 to 30 degrees from normal to the face of the stream bank, with the base of the rootwad facing upstream. __I �C Rj THE JOHN R. McADAMS COMPANY, INC. Mr. John Dorney October 13, 1999 Page Three D) As a result of a telephone conversation with Mr. Eric Fleek of the NCDWQ, all references to "double- wing" deflectors have been removed from the stream relocation plan. Channel constrictors were viewed as more appropriate for a stream of this size. Condition #7 states that: 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 in our November 4, 1998 approval (316 feet), golf crossings as well as areas within the railroad right -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. In order to calculate an equivalent length of inadequately buffered stream requiring payment into the NC Wetland Restoration Program, measurements indicating needed buffer area versus supplied buffer area, along with corresponding channel lengths, were taken along stream sections where less than 50 feet of forested buffer is supplied. Since the developer cannot assure the long- term maintenance of the existing forested vegetation within the railroad right -of- way, this portion of the existing forested buffer was not counted in the measurements. However, an average of 20 feet of canopy over the railroad right - of -way, supplied by existing mature trees on the Eagle Ridge property, was included in the measurements of supplied buffer, since the long -term maintenance of these trees can be assured. The average riparian buffer width in all areas that are less than 50 feet wide was calculated using the measurements mentioned above. There are 6 areas along the proposed stream where this occurs (analyzing each side of the stream separately). Since the measured centerline lengths only represent one side of the channel, all lengths were added and then divided by 2 in order to represent a true length of inadequately buffered stream. THE JOHN R McADAMS COMPANY, INC. Mr. John Dorney October 13, 1999 Page Four Facing downstream, section A represents the left side of the stream from approximately stakes 4 to 6. Section B represents the right side of the stream from approximately stakes 3 to 10. Section C represents the left side of the stream from approximately stakes 12 to 14. Section D represents the right side of the stream from approximately stakes 20 to 24. Section E represents the left side of the stream from approximately stakes 22 to 24. Section F represents the left side of the stream from approxim y stakes 26 to 28. 17� Section A: L =85ft; Buffer Nee ed= 5,530sf; Buffer Supplied= 1,872sf Section B: L =400ft; Buffer Needed= 18,253sf; Buffer Supplied= 10,887sf Section C: L =65ft; Buffer Needed= 4,972sf; Buffer Supplied= 3,633sf Section D: L =185ft; Buffer Needed= 9,374sf; Buffer Supplied= 7,775sf Section E: L =70ft; Buffer Needed= 4,997sf; Buffer Supplied= 3,906sf Section F: L =50ft; Buffer Needed= 4,662sf; Buffer Supplied= 3,063sf Total Length =855ft Total Length / 2= 427.5ft ,� 1 Total Buffer Area Needed to Supply 50 ft width= 47,788sf Total Buffer Area Supplied According to Plans= 31,136sf .n Average Buffer Width Where < 50ft Wide = 50ft x (31,136sf / 47,788sf) = 32.6ft Equivalent Length of Stream That Needs To Be Paid for Due to Inadequate Buffer Width = [ 1 - (31,136sf / 47,788sf) ] x 427.5ft = 149ft A plan delineating inadequately buffered stream lengths is included for your reference. These calculations and measurements were performed to give a fair accounting of inadequately buffered stream length. While 32.6 feet of buffer width will not provide as much nutrient removal as a full 50 foot buffer would, it rx removes considerably more nutrients than no buffer at all, therefore, its effects should be accounted for. The calculations performed above represent this fact. �655� �f 31� THE JOHN R. McADAMS COMPANY, INC. Mr. John Dorney October 13, 1999 Page Five If you have any questions or concerns about the responses to these conditions, please do not hesitate to call. Sincerely, THE JOHN R. McADAMS COMPANY, INC. Scott Mitchell, E.I., S.S.I.T. Associate Project Engineer C: Ken Jolly, US Army Corps of Engineers Ken Bailey, Arland Community Development Diana St. John, P.E., Arland Community Development Melanie Connelly, P.E., Arland Community Development Jim Spangler, Spangler Environmental Consultants Brian Surak, P.E., The John R. McAdams Company, Inc. Aft SPANEiLER ENVIRONMENTAL, INC. 224 FAYETTEALLE STREET MALL, SUITE 400 P.O. BOX 367 RALEIGH, NC 27602 -03$7 November 15, 1999 Mr. John Dorney NCDENR, Division of Water Quality PO Box 29535 Raleigh, NC 27626 EMAIL: JASPANCLERQAOL.COM TELEPHONE 919-546-0754 FAX 919-546-0757 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 permittee's response in italics. 1. Appropriate sediment and erosion control practices which equal or exceed those 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 Manual ". The control practices shall be utilized to prevent exceedances 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 Land 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. ENVIRONMENTAL SCIENCES • REMEDIATION • LAND PLANNING • EXPERT TESTIMONY ft SPANGLER ENVIRONMENTAL, INC. 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. If this situation were to become necessary in the future, the permittee submits to noting 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 stream 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 in our November 4, 1998 approval (316 feet), golf course crossings, as well as areas within the railroad right -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; ENVIRONMENTAL SCIENCES • REMEDIATION • LAND PLANNING • EXPERT TESTIMONY 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, 30 1999 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 50 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. DWQ 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 ENVIRONMENTAL SCIENCES • REI4IEDIATI ®N • LAND PLANNING • EXPERT TESTIMONY It SPANGLER ENVIRONMENTAL, Vol Af_ Eagle Ridge Stream Restoration Monitoring Plan e Introduction J The Eagle Ridge Development and Golf Course lies within the Swift Creek watershed, south of the Town of Garner in Wake County, North Carolina. The 534 acre property is south of Swift Creek and is bound on the east and west by Old Stage Road and the Norfolk Southern Railroad, respectively. The property can be found on the Garner Quadrangle map (USGS 1:24,000 scale) and Wake County Soil Survey sheet #85. A total of 1,472 feet of stream restoration will be undertaken on -site (see attached, revised plan). Currently a stretch of perennial stream adjacent to Norfolk Southern Railroad is channelized, incised, and unstable. This stream will be re- routed through the floodplain to restore the natural pattern, dimension, and profile. The banks will be stabilized and a forested riparian area will be restored along both banks where practicable. The primary goal in undertaking stream improvements on the Eagle Ridge site is to renew a natural sinuosity and stabilized channel structure to the straightened stretch of stream. This channelized area has under cut its banks in a number of places, leading to stream bank slumping and increased sediment transport downstream. These conditions have begun to migrate in an upstream direction. Without intervention, the stream incision would continue to spread upstream through the tributary system while increased sedimentation will continue downstream. In order to accomplish this restoration goal, the geomorphology of the present channel must be adjusted and a healthy riparian zone will have to be established around the new channel. A natural geomorphologic stream structure will stabilize the banks and equalize the sediment supply. This will prevent continued upstream migration of the stream incision. It will also increase the number of habitat niches that are available within the stream by recreating a riffle - pool sequence. Rosgen stream classification (Level I, II) was carried out on -site, above and below the degraded area, to determine the necessary geomorphologic characteristics of the restored area. The stream will need to portray E -5 characteristics. The slope should be very close to 0.002, sinuosity (stream length/valley length) should be close to 1.42, entrenchment ratio (width of the floodprone area at an elevation twice the maximum bankfull width/bankfull depth) should be approximately 2.2, and width/depth ratio (bankfull width/ mean bankfull depth) should be approximately 8.0. The substrate should be dominated by gravel and sand with lesser amounts of boulders, cobble, and silt. Pool to pool spacing should be 7 bankfull channel widths. ENVIRONMENTAL SCIENCES • REMEDIATION •LAND PLANNING • EXPERT TESTIMONY SPANGLER ENVIRONMENTAL., ; , Monitoring Activities The goals of the geomorphologic renewal are both measurable and attainable, and the success of the endeavor can be quantified on an annual basis. Monitoring the physical sediment transport and flow characteristics upstream, within, and downstream of the restoration will determine whether or not the new channel develops into a situation of dynamic equilibrium with conditions in all monitoring areas being comparable. Monitoring the species richness within the stream and in the riparian area will determine whether a sustainable ecologic community is succeeding after the impact of the restoration. Permanent monitoring sites have been installed approximately 200 linear feet above and below the restoration area. Three sample locations will be installed in the restoration area with re -rod or "headpins" as is commonly done in in- stream flow incremental methodology studies (see Dam Safety Act). In stream sampling will begin one year after the stream relocation to allow the area to initially equilibrate to the new flow conditions. Annual monitoring will be conducted during the Summer months for a minimum of two years. Data will be reported to the Division in written and tabular form, with accompanying maps, within two weeks of the sampling event. At each sampling location the following data will be collected: / • Channel dimension /, 7 t v0¢ • Sediment transport (turbidity grab sample) �e '� • Flow velocity (w/ Price Qr Pygmy meter) • Species richness (EPT S) 1 " ■ Biotic Index (BIEPT) �" The primary performance criteria for in- stream success will be the Ephemeroptera + Plecoptera Trichoptera species richness, and will be conducted under the Standard Operating Procedure (for) Biological Monitoring (NCDEHNR, 1997). Secondary success criteria shall be sediment" transport values within 25% from upstream to downstream monitoring stations. Three sampling locations of 50 feet in diameter will be installed within the restored riparian corridor after planting. Success of the plantings will be monitored yearly. Woody species success will be set at 85 % aerial coverage of the planted species for at least two consecutive years of the five year monitoring period. Understory (herbaceous and shrubs) species success will be determined by a minimum 85% aerial coverage of planted species over two consecutive years of the five year monitoring period. ENVIRONMENTAL SCIENCES * REMEDIATTON * LAND PLANNING a EXPERT TESTIMONY F ,; State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Kenneth Bailey Arland Community Development 448 Viking Drive, Suite 25 Virginia Beach, VA 23452 Dear Mr. Bailey: ki 1•• NC ENR NORTH CAROLINA DEPARTMENT OF. - ENVIRONMENT AND NATURAL RESOURCES November 18,11999 Re: Stream Restoration Plan Eagle Ridge Development DWQ #: 960722, COE #: 199920576 Wake County - DWQ staff has completed our review of the Eagle Ridge stream relocation plan submitted by Scott Mitchell of the John R. McAdams Company dated 13 October 1999. The following changes need to be made in the site plan for the golf course near the stream restoration site in order to have this effort count as the required restoration. We do not agree with Mr. Mitchell's calculations for varying buffer widths as presented in his 13 October 1999 letter. As presently designed, you will need to provide compensatory mitigation for 885 linear feet of stream restoration with less than 50 foot of protected, vegetated buffer and 316 linear feet of stream restoration from earlier impacts. However, we believe that the stream restoration plan and golf course in this area should be modified as below at least to partially address these shortcomings. A 30 foot wide wooded and 20 foot wide undisturbed vegetated (i.e., wooded or rough vegetation) will be needed in order to qualify as stream restoration. Also, this area will need to be protected from disturbance. Therefore, the golf course will need to be redesigned with a conservation easement at B, and D/E. Also the proposed creek alignment will need to be modified at C and F to provide this buffer. The stream at A, where the golf course crosses the channel, will not count as mitigation. If the above changes to the site plan are not made, then additional stream restoration will be needed to make up the difference. Finally, we recently received Mr. Linnenburger's letter of November 15, 1999 concerning stream restoration above the proposed pond. The restoration above the road is acceptable since the channel has been Wetlands /401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919- 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper F , i. straightened but the restoration below the road shows a sinuous channel, which does not need restoration and is thereby unacceptable. Please submit a revised stream restoration plan and golf course design that meets the above requirements. I can be reached at 919 - 733 -9646 if you have any questions. 'nerZDomeyZ) J n R. 1 cc: Ken Jolly; Raleigh Field Office US Army Corps of Engineers Central Files DWQ Raleigh Regional Office File copy Scott Mitchell; John R. McAdams Company 2 11/30/1999 17:28 546 -0757 SPA*,ER ENVIRONMENT ANfI R F"1g0N1 FJf rALL INC., 234 FALYETTRYILLE STRMT Mkljl,, SUrM 400 jAs ANGLER MI -0 ?54 CO P.O. BOX 3$7 RMMczH, NC $700"3$7 fA X 919 -54e -0757 November 30, 1999 - — --- — — - --- — � — ! — Post -it' Fax Note 7671 Mr. John Dorney Th JV" pivision of Water Quality Oo.,D* Q ER16Ett Wetlands/401 Group P.O. Box 29s35 }5� 12aleigh, NC 27626 F81"` }'33.4R �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 ofEce (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 • REMEDI*TION • LAND PLANNING • EXPERT TESTIMONY O 11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 02 CaL—F, R- FJMf 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. (Jame A. Spangler, H President cc. Ken Bailey (Arland) Melanie Connelly (Arland) Scott Mitchell (John R, McAdams) EWfLO►NMENTAL SCIENCES • REMEDIATION • LAND PLANNING • EXi' T TESMONX 11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 03 jUfiLFR f WIRONMMM., MCe 854 gALYETrEYRIE STRUT MALL. surm 400 P.O. BOX 367 RALEIGH, NC 57608-08$7 November 15,1999 Mr. John Dorney NCDENR, Division of Water Quality PC Box 29535 Raleigh, NC 27626 EMAIL- JASPANEiLER.l1ALOL.COM TEUUNOIRE 919- 546 -0754 FAX 919-546 -0757 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. ENYIRONME ALL SCIENCES • REM I*TION + LAIRD PLANNING • EXMT TEST MONY 11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 04 orARGM U 7[ IROYl M u\Cv 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; EWRONMENTAL SCIENCES • RIEM£DIATION a LAND PLAN=fi a EXPERT T1:STIMONY 11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 05 SPARG—LUR F"Tb^ nONMFMAlo INC. 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, 30 1999 for such a discussion, and will set a reasonable date for this submission of the above information at this time. S. 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 cis at the pump intake. DWQ 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 £eel 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 FIMRONMENTAL SCIENCES • 1iEMUTATION • LAND PLANNING * EXPERT Tla.SMONY