20220972 Ver 1_More Info Received_20230105

Baker, Caroline D
From: Chris Huysman <[e-mail]>
Sent: Thursday, January 5, 2023 5:38 PM
To: Homewood, Sue; Dailey, Samantha J CIV USARMY CESAW (USA)
Subject: Re: [External] Ammons Property - 401 Comments Response
Attachments: 2023.01.05.Ammons Wetlands Impact Exhibit - Updated Sheets.pdf
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The purpose of this correspondence is to respond to an email request for additional information that we
received from the Division of Water Resources on December 28, 2022. The Division's request (and the
Division's definition of Intermittent Streams) are in bold and italics and our response immediately follows in
standard text.
In both instances (Reference to streams associated with impacts S10 and S13.), the
drainage area is very small and within the footprint of the project and proposed to be
developed. It appears that the majority of the drainage areas in each case will be
rerouted to the SCMs which are at the lowest point of the streams. As these are
intermittent streams, surface flow is essential to maintaining their existing
functions/uses. Can you provide more detailed designs for the development in this area
which shows the proposed grading and stormwater collection system? If your opinion is
that there will still be some surface flow provided to these streams after development,
then I would need to see a plan that clearly shows the impervious surface drainage
system going to the SCM and what pervious surfaces will still drain to the
channels. There would be a significant difference between a high density subdivision
that is mass graded such that entire lots drain to the stormwater collection system along
the creeks and a low density, development where natural grades are maintained and only
driveways and roadways are draining to the SCM.
For reference, the state's definitions for intermittent streams are:
From DWR Website:
Intermittent streams have a well-defined channel that contains water for only part of the
year (typically during winter and spring). The flow may be heavily supplemented by
stormwater. When dry, they typically lack the biological and hydrological characteristics
commonly associated with continuous conveyances of water. These features are
regulated by NC DWR and typically regulated by the U.S. Army Corps of Engineers.
From NCAC:
(24) "Intermittent stream" means a well-defined channel that contains water for only part
of the year, typically during winter and spring when the aquatic bed is below the perched
or seasonal high water table. The flow may be supplemented by stormwater runoff. An
intermittent stream often lacks the biological and hydrological characteristics commonly
associated with the continuous conveyance of water.

Our opinion is that the streams will remain subject to jurisdiction under the Clean Water Act, and that the Class
C surface water standards will be maintained, and that the subject channels will maintain their intermittent
characteristics based on the attached redesign, regulatory definition, and environmental conditions.
Design Considerations
The site plan has been redesigned to have stormwater control measures located at the heads of the subject
drainage areas. SCM's will treat only impervious areas associated with roads, roof tops and driveways. The
redesign was accomplished by splitting basin capacity and adding additional basins.
Regulatory Definition:
The NCAC definition of an intermittent stream channel specifies that the "...aquatic bed is below the perched
or seasonal high water table." And that "The flow may be supplemented by stormwater runoff'. The only
absolute requirement is that the aquatic bed is below the seasonal high water table. Stomwater runoff may
supplement the flow but is not required to be present in intermittent streams.
Environmental Conditions:
The approved state stream buffer determination dataforms and photographs clearly show that the subject
channels are well defined and have numerous indicators of an ordinary high water mark and will be captured
as jurisdictional streams under the CWA.
Both of the channels are located within areas that are mapped as Helana series soils and the NRCS Official
Soils Description range of characteristics include a seasonal high water table that is 18 to 30 inches below the
surface of the land during the winter and spring months of January through April (See attached OSD). The
presence of soil based indicators of the seasonal high water table were identified in the subject streams and it
is therefore reasonable to assume that they will flow intermittently because the channels are at or below the
seasonal high water table.
In its current state, stormwater flow to the drainages is assessed to be moderate due to a combination of the
soils drainage characteristics and slope. Our assessment is that stormwater runoff from the current proposed
development plan, without modification or more detail, will continue to contribute flow to the streams.
The subject streams will maintain their Class C water quality standards regardless of decreases or increases in
flow. As we understand it, the perennial and intermittent designations are intended to be used for determining
mitigation requirements.
Conclusion:
Post construction, the stream channels will be jurisdictional streams that meet the definition of an intermittent
stream.
On Wed, Dec 28, 2022 at 8:13 AM Homewood, Sue <[e-mail]> wrote:
Chris,
Can you expand upon the following highlighted responses:
14. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which includes
pil

designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in
rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply with water quality
standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation
of water quality standards; (3)would result in secondary or cumulative impacts that cause or contribute
to, or will cause or contribute to, a violation of water quality standards;" Based on the information
provided with the application, the Division believes there is potential for indirect impacts to the following
features within the overall project limits:
a. The large wetland adjacent to a SCM in the vicinity of impacts S2 & S3;
b. The wetland and stream adjacent to and below impact R2;
c. The stream above S10;
d. The stream above S13
The Divisions belief that there is a potential for indirect impacts is speculative and is a matter of enforcement. That said,
we provide the following comments:
a. The SCM basin is situated in high ground and its bottom elevation is above the groundwater table and the adjacent
wetland. Based on the lack of a regulated tributary entering it, the existing wetland hydrology is primarily groundwater
driven with minor contributions from overland flow. The SCM areas have been preliminarily evaluated and there is no
groundwater within the separation distance between the bottom of the SCM and the high-water table that is required by
state law. This separation supports our position that there is no potential for a quantifiable indirect impact. The project
engineer has reevaluated the outlet for the proposed structure and has relocated it as far upstream as possible to address
the Division's concern of a potential impact.
b. The wetland and stream complex extend upstream beyond the project area along the natural valley. The drainage area
at the proposed crossing is greater than 20 acres and there will be no indirect impact upstream or downstream of crossing
R2.
c. The intermittent stream upstream of impact S 10 will not be impacted by the proposed work. The seasonally
groundwater driven system within an approximately seven acres drainage area will remain intact as flows from the
adjacent open space and pervious surfaces will maintain intermittent flows.
d. The intermittent stream upstream of impact S13 will not be impacted by the proposed work. The seasonally
groundwater driven system within an approximately six acres drainage area will remain intact as flows from the adjacent
open space and pervious surfaces will maintain intermittent flows. The stream and wetland system is groundwater driven
and the hydrology will not be impacted.
In both instances, the drainage area is very small and within the footprint of the project and proposed to be
developed. It appears that the majority of the drainage areas in each case will be rerouted to the SCMs which are at
the lowest point of the streams. As these are intermittent streams, surface flow is essential to maintaining their
existing functions/uses. Can you provide more detailed designs for the development in this area which shows the
proposed grading and stormwater collection system? If your opinion is that there will still be some surface flow
provided to these streams after development, then I would need to see a plan that clearly shows the impervious
surface drainage system going to the SCM and what pervious surfaces will still drain to the channels. There would be a
significant difference between a high density subdivision that is mass graded such that entire lots drain to the
stormwater collection system along the creeks and a low density development where natural grades are maintained
and only driveways and roadways are draining to the SCM.

FYI, I have very little time left to finalize my review so please respond as soon as possible.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Chris Huysman <[e-mail]>
Sent: Monday, November 28, 2022 3:22 PM
To: Homewood, Sue <[e-mail]>; Perry Isner <[e-mail]>; Dailey,
Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Subject: [External] Ammons Property - 401 Comments Response
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Sue -
Please see below for a partial response to your September 2, 2022 letter requesting additional information for the
processing of the 401 Water Quality Certification for the Ammons Property (residential development). Reference is also
made to email correspondence on September 29, 2022, November 6, 2022 and November 9, 2022. For ease of review,
we have included the requested information in this correspondence; it is indented and in bold.
The project engineer is making revisions to the drawings and running additional calculations in support of the requested
impacts. These revisions and calculations will be forwarded as soon as practicable; potentially by the end of this week.
We will be drafting a separate response to the US Army Corps of Engineers to respond to their requests for additional
information on October 24, 2022; we will be sending you a copy of the correspondence.

1. A review of the project cannot be completed until the completion of a 30-day public notice as issued by
the US Army Corps of Engineers. If the U.S. Army Corps of Engineers requests a response to any
comments received as a result of the Public Notice, please provide the Division with a copy of your
response to the USACE.
We understand the Division's statement and that more comments may be forthcoming.
2. Please provide evidence of USACE verifications of the wetland and steams as shown on the overall plan
sheet.
On September 29, 2022 we forwarded a copy of the May 4, 2022 email delineation concurrence from Lyle
Phillips. Wetlands are depicted in green, perennial streams are depicted with a dash and three dots, and intermittent
streams are depicted with a dash and one dot.
3. In order to adequately assess DWR stream mitigation requirements for the proposed project, please
provide indication of intermittent/perennial stream determinations for all stream features and provide
DWR stream forms to support the determinations.
The approved delineation, when cross referenced with the approved March 4, 2022 stream buffer determination, shows
the intermittent and perennial stream determinations for all stream features using DWR stream forms with the exception
of the Little River and the large tributary along the southern boundary. Both of these systems are perennial per the
attached stream forms.
4. The proposed overall plan sheet does not appear to match the buffer determination issued by DWR
March 4, 2022:
a. Stream H does not appear on the proposed plan sheet;
b. Please verify that the start points of Streams AA and Z have been accurately surveyed and shown on
the plan sheets as they appear shorter than shown on the DWR buffer approval map;
c. Stream A above the confluence of Stream F, as shown on the approved map from buffer determination
letter (shown below circled in blue) does not appear on the proposed plan sheet.
Wetlands and Waters staff and DWR staff resolved the potential discrepancies between the submitted plan sheets and the
approved buffer determination as per below.
a. Feature H was determined to extend approximately 15 feet from Stream A. The feature will be depicted on all
forthcoming maps and impact will be assigned accordingly. The feature is entirely in the first 30 feet of the Neuse River
Buffer and buffer limits will be adjusted accordingly.
b. The start points for all streams were field located using high accuracy GPS. Maps included in the DWR approval are
distorted.
c. This feature was reviewed during the field evaluation and it was determined that much of it is not subject to the Neuse
River Buffer Rules. Stream forms were completed along this feature and were included in the request and should be part
of the record. It is worthy to note that the soil survey depicts more stream segments and longer stream lengths than are
actually present on the ground.

5. The application states that proposed project will require permanent and temporary impacts to Waters
of the US and Waters of the State, however the impact information provided does not clearly indicate
which impacts are proposed as permanent and which are proposed as temporary. Please provide a
detailed breakdown of temporary and permanent impacts for each proposed impact area.
The forthcoming revised plans depict both permanent and temporary impacts in graphics and tabular form; they have
been updated since the public notice. Overall, impacts have been reduced under the current site plan.
6. Please provide proposed impact drawings that include grading limits for roadways so that culvert
lengths and buffer impact areas can be sufficiently reviewed. In addition, it appears that buffer impacts
are not proposed outside of the culvert/road fill, however it is the Division's experience that dewatering
activities and installation of riprap aprons require additional buffer clearing. Please ensure that all buffer
impacts are appropriately indicated on the plans.
The applicant and their engineers are confident that a qualified contractor can conduct the work shown on the
forthcoming revised drawings. Conceptual drawings will be provided for crossing R3 as the final design and sizing of
the box culvert is approximately 3 years out.
7. It appears that buffers that are shown on the impact sheets may have been determined from the existing
stream centerline. Pursuant to 15A NCAC 02B .0714(8)(a) the Zone 1 buffer begins at the most landward
limit of top of bank. Please provide clarification or updated impact sheets and an updated impact table
accordingly.
Some of the buffer widths had been based on the stream centerline but many had been determined using high resolution
GIS Lidar to determine the top of bank. The forthcoming revised impact drawings utilize a combination of field data and
GIS Lidar to determine the top of bank.
8. The application states that the applicant determined that avoidance of the general fill for residential lot
construction was not practicable. Please provide specific details as to how this evaluation was
determined. Given the size of the development it is not clear that the loss of a small percentage of lots
would render the project financially unviable. A detailed analysis should be provided for each impact
area individually, as well as the total to avoid both impact areas. Please note that any financial evaluation
provided should include the cost of mitigation for the proposed wetland impacts. Please provide
conceptual plan sheets with impacts areas and estimated amounts for On -site Alternatives 1 and 2,
The financial impact of avoiding general fill is approximately 2.7 million dollars based on data provided by the
developer. Please reference our forthcoming correspondence with the US Army Corps of Engineers for a more complete
analysis. The analysis includes the costs of mitigation.
9. The profile of Culvert Impact R1 and R3 do not indicate that the culverts will be buried at the inlet and
outlet to ensure aquatic passage. Please clarify why or provide a revised profile drawing for the impact.
The forthcoming revised impact drawings will show the culverts buried at the invert and outlet to ensure aquatic
passage. Note that impact R3 is at a rock out crop.

10. The inlet alignment of the culvert at impact R3 appears to be at an extreme angle with the natural
channel. The Division has significant concerns about the proposed alignment causing the upstream
channel to become unstable. Please realign the culvert or otherwise address impacts that would be
expected to occur upstream of the current alignment.
The project engineer is not concerned that the upstream channel will become anymore unstable and will seal the
drawings at the time of the construction. The crossing is located proximate to a natural rock outcrop and the existing
upstream conditions are incised approximately 4 to 5 feet. The proposed culvert will be acting as grade control that
replicates the existing conditions.
11. The riprap apron proposed at Impact R3 is extensive. It is the Division's experience that when
excessively long riprap aprons are required for velocity control and/or stability that natural stream
function is not maintained and therefore these impacts should be considered as permanent loss of stream
and included in mitigation amounts. Please revise the application materials accordingly.
The project engineer has determined that rip rap is necessary to stabilize the channel based on sound engineering
principles for the drainage area. The forthcoming plan sheet includes supporting calculations to meet erosion control
requirements. All rip rap will be underlain with geosynthetic fabric and be pressed into the channel bed. Appropriately
constructed dissipaters are not considered a loss under the applicable definitions of the US Army Corps of Engineers
regulations.
12. Please specify the width of the sewerline construction corridor and the width of the proposed
permanent maintenance corridor for all sewerline impact areas. For any areas with a construction
corridor greater than 40 feet or a permanent maintenance corridor greater than 30 feet please provide
justification for the proposed widths.
The applicant has committed to boring sewer crossings S4 and S6 to reduce impacts to wetlands and streams. All sewer
construction corridors are 40 feet wide but for impact S5 which will have a construction corridor that is 45 feet
wide. The extra width on S5 to allow for the collocation of a gravity line and a forcemain line in one crossing impact
location. All maintenance corridors are 30 feet wide. City of Raleigh and NC DWR rules dictate that the sewers pass 3
feet under the channel bed and this results in significantly deep construction based on the length of the outfall. Deep
construction results in wider construction corridors particularly where soils are saturated and that is why the applicant
proposes the maximum 40 foot width construction corridor.
13. Impact S2 is a proposed sewerline crossing that does not appear to connect to anything. Please
provide additional information as to the purpose of this crossing location.
The site plans included in the public notice depicted the proposed build out for the project. Impact S2 is required to
serve residential units. All impacts are necessary to meet the applicant's objectives.
14. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which includes

designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in
rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply with water quality
standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation
of water quality standards; (3)would result in secondary or cumulative impacts that cause or contribute
to, or will cause or contribute to, a violation of water quality standards;" Based on the information
provided with the application, the Division believes there is potential for indirect impacts to the following
features within the overall project limits:
a. The large wetland adjacent to a SCM in the vicinity of impacts S2 & S3;
b. The wetland and stream adjacent to and below impact R2;
c. The stream above S10;
d. The stream above S13
The Divisions belief that there is a potential for indirect impacts is speculative and is a matter of enforcement. That said,
we provide the following comments:
a. The SCM basin is situated in high ground and its bottom elevation is above the groundwater table and the adjacent
wetland. Based on the lack of a regulated tributary entering it, the existing wetland hydrology is primarily groundwater
driven with minor contributions from overland flow. The SCM areas have been preliminarily evaluated and there is no
groundwater within the separation distance between the bottom of the SCM and the high-water table that is required by
state law. This separation supports our position that there is no potential for a quantifiable indirect impact. The project
engineer has reevaluated the outlet for the proposed structure and has relocated it as far upstream as possible to address
the Division's concern of a potential impact.
b. The wetland and stream complex extend upstream beyond the project area along the natural valley. The drainage area
at the proposed crossing is greater than 20 acres and there will be no indirect impact upstream or downstream of crossing
R2.
c. The intermittent stream upstream of impact S 10 will not be impacted by the proposed work. The seasonally
groundwater driven system within an approximately seven acres drainage area will remain intact as flows from the
adjacent open space and pervious surfaces will maintain intermittent flows.
d. The intermittent stream upstream of impact S13 will not be impacted by the proposed work. The seasonally
groundwater driven system within an approximately six acres drainage area will remain intact as flows from the adjacent
open space and pervious surfaces will maintain intermittent flows. The stream and wetland system is groundwater driven
and the hydrology will not be impacted.
Chris Huysman
336.406.0906
170 Dew Drop Road
Sparta, NC 28675

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wetlands-waters.com
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Thank you for your cooperation and consideration.
Chris Huysman
336.406.0906
170 Dew Drop Road
Sparta, NC 28675
[e-mail]
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wetlands-waters.com
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ROADWAY IMPACTS
IMPACT#
ZONE 1
ZONE 2
WETLAND
STREAM
RIP RAP
TEMPORARY PUMP-
AROUND
TEMPORARY
WETLAND IMPACTS
S. F.
I AC.
S. F.
AC.
S.F.
AC.
L. F.
S.
F.
L. F.
S. F.
L. F.
S. F.
S.F
AC.
R1
13,021
0.30
7,628
0.18
2,398
0.06
191
764
60
1080
59
4747
0
0.00
R2
0
0.00
0
0.00
9,746
0.22
0
0
45
540 *
0
0.00
R3
16,041
0.37
8,926
0.211
7,098
0.16
237
2366
85
3060
50
43291
2,176
0.05
TOTAL
29,062
0.67
16,554
0.38
19,242
0.44
428
3131
190
4680
109
90761
2,176
0.05
SEWER
IMPACTS
IMPACT#
ZONE 1
ZONE 2
WETLAND
STREAM
RIP RAP
TEMPORARY PUMP-
AROUND
TEMPORARY
WETLAND IMPACTS
S. F.
I AC.
S. F.
AC.
S. F.
AC.
L. F.
S.
F.
L. F.
S. F.
L.F.
S. F.
S.F
AC.
S 1
01
0.00
0
0.00
1,043
0.02
0
0
0
0
0
0 0
0.00
S2
2,929
0.07
1,778
0.04
2,177
0.05
46
228
0
0
0
0 761
0.02
S3
0
0.00
0
0.00
489
0.01
0
0
0
0
0
0 0
0.00
S4
0
0.00
0
0.00
0
0.00
0
0
0
0
0
0 0
0.00
S5
0
0.00
01
0.00
5,057
0.12
0
0
0 1
0
0
01 1,248
0.03
S6
0
0.00
0
0.00
0
0.00
0
0
0
0
0
0 0
0.00
S7
1 0
0.00
0
0.00
3,487
0.08
0
0
0
0
0
0 292
0.01
S8
0
0.00
0
0.00
8,549
0.20
0
0
0
0
0
0 2,540
0.06
S9
0
0.00
0
0.00
6,254
0.14
0
0
0
0
0
0 2,254
0.05
S10
2,907
0.07
1,817
2725.66
0
0.00
45
182
0
0
0
0 0
0.00
S11
0
0.00
01
0.00
7,557
0.17
0
0
0
0
0
0 2,487
0.06
S12
01
0.00
0
0.00
212
0.001
0
0
0
0
0
0 159
0.00
S13
2,8511
0.07
1,636
0.04
0
0.00
411
164
0 1
0
0
0 0
0.00
TOTAL
8,6871
0.20
5,231
2725.74
34,825
0.801
1321
574
0 1
0
0
0 9,741
0.22
G E N
E R A L I MPACTS
IMPACT#
ZONE 1
ZONE2
WETLAND
STREAM
RIP RAP
TEMPORARY PUMP-
AROUND
TEMPORARY
WETLAND IMPACTS
S.F.
I AC.
S.F.
AC.
S.F.
AC.
L.F.
S.F.
LF.
S.F.
L.F.
S.F.
S.F
AC.
G 1
0
0.00
0
0.00
25,260
0.58
0
0
0
0
0.00
G2
0
0.00
0
0.00
14,533
0.33
0
0
0
0
0.00
TOTAL
0
0.00
0
0.001
39,793
0.9111
0
0
0
0
0
0 0
0.00
GRANDTOTAL
37,749
0.87
21,785
2726.121
93,860
2-161
560
3704
190
4680
109.37
9075.97
11,917
Q27
*
Rip Rap outlet protection placed in the wetlands is considered a permanent wetland fill and will be mitigated.
v,NjgK M&CREED
1730 Varsity Drive, Suite 500
Raleigh, North Carolina 27606
O: 919.233.8091 F: 919.233.8031
Impact Table
Date:
Jan 5, 2023
Ammons Property

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IMPACT PROFILE G1
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EXISTING WETLAND AREA TO ..WEILAND..... S ...... STORM WA TER
BE PROTECTED ............... BMP
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/ / ►�������� IMPACT S1
PROPOSED GRA OTY
SEWER OUTFALL
PROPOSED CITY OF RALEIGH----I
SANITARY SEWER EASEMENT
NlqKIM&CREED Wetland Impact Map Scale: 1"=60'
1730 Varsity Drive, Suite 500 Impact G1 & S1 0 30 60
Raleigh, North Carolina 27606 Date:
0: 919.233.8091 F: 919.233.8031 Ammons Property Jan 5, 2023

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310
305
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300
300
PROPOSED
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PROPOSED UND£RDRAIN
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1730 Varsity Drive, Suite 500
Raleigh, North Carolina 27606
0:919.233.8091 F:919.233.8031
Wetland Impact Profile
Impact G1
Ammons Property
Scale: 1"=80'
0 40 80
Date:
Jan 5, 2023

I I �
PROPOSED
STORM WATERBMP
_
PROPOSED GRAOTY
/ SEWER OUTFALL
EXISTING WETLAND AREA TO
PROPOSED CITY OF RALEIGH
BE PROTECTED
SANITARY SEWER EASEMENT
_ _ . .... . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . TEMPORARY .
`� . . . . / WETLAND IMPACT
�. . . . . . IMPACT S11 . . . . . . . . . . . . . . . .
TEMPORARY 5' . . EXISTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WETLANDS . . . .
CONSTRUCTION EASEMENT _
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. . . . . . . .�. BUFFER ZONE 2 (TYP)
.................. ... i
v / • •� / • • • • • 30' NEUSE RIVER RIPARIAN
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EXISTING STREAM .
i CENTERLINE
v,MCIQM&CREED
Wetland Impact Map Scale: 1"=50'
1730 Varsity Drive, Suite 500 Impact S11 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Jan 5, 2023 17Ri