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HomeMy WebLinkAboutBlair 4794 DWR Add Info ResponseJune 16, 2023 NC Department of Environmental Quality Attn: Andrew Moore 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Re: Blair 4794 - N 15.03 Acres 2125 Highway 107 N Cashiers, NC 28717 Nationwide Permit 18 Verification Request SAW-2022-02039, DWR Project #20230516 Andrew Moore: Atlas Environmental is providing the following additional information on behalf of the applicant, DD of Cashiers LLC, based on your email request dated June 06, 2023. 1. If not already done so, the Division recommends the owners contact the North Carolina Dam Safety Program to determine any requirements from that program for the proposed work. Josh Colley (josh.col ley deq.nc.gov) is the State Dam Safety Engineer. [15A NCAC O2H .O5O6(b)(3)]. Based on GIS data provided by the Dam Safety Program the site is not currently regulated. The dam height is approximately 16 feet from 3683 feet to 3699 feet in elevation and at full pond will impound less than 1 acre/foot of water. This dam should be classified as exempt under § 143-215.25A. However, based on your recommendation Atlas has been coordinating with Josh Colley and will be submitting a JD/Hazard determination. We will be working with Josh concurrently to pursuing the 401/404 as WRC has placed a trout moratorium on the work. Due to the currently unstable conditions from flow cutting around the existing culvert it is extremely important that the work be completed prior to the moratorium. The letter from WRC is included in this response. 2. The proposed spillway profile and cross section figures provided with the PCN do not have units depicted along the axes or a clear scale. Please revise those figures to include the units of measure along the axes. [15A NCAC O2H .O5O2(a)(9)] Please see the attached revised impact map with larger and clearer labels for the X- axis and Y-axis. 3. Please provide a construction sequence for the installation of the spillway and include details regarding whether the pond will be temporarily de -watered and how the work will be conducted such that there is no flowing water over the disturbed area. Please also include details that demonstrate adequate flow will Environmental, Inc. 338 S Sharon Amity #411, Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte ISAQ L / U-) IRONMENTAL be maintained in the receiving stream during construction to ensure maintenance of biological integrity. [15A NCAC 02H .0506(b)(1), (2), and (3)]. The pond will be de -watered during the construction of the spillway to prevent flowing water in the work area. The construction sequence has been provided by the contractor as follows: 1. Install temporary diversion measures along with BMP/Erosion Control elements. 2. Allow existing pool to drain while maintaining existing stream flow (Note: do not exceed existing stream flow). 3. Remove existing culvert and soil down to 12" above existing wet pool. 4. Proceed with armoring existing spillway (shelf) with boulders. Engineer to be present during this operation. 5. Proceed with bridge abutment work and bridge installation. 6. After bridge work is completed, finish armoring and restoration of existing conditions (vegetative cover). 7. After stabilizing existing conditions and establishment of vegetative cover, remove all BMP's and temporary diversion measures. 4. It appears, based on the proposed spillway profile, the intent of the project is to retain the pond full pool elevation at, or near, its existing elevation following construction. Please confirm or describe how the full pool elevation will change after installation of the spillway. [15A NCAC 02H .0506(b)(3)]. We confirm that following construction the full pond elevation is proposed to stay at the current height. Thank you for your attention to this additional information please let us know if you require anything else. Best regards, �4" dllhz VAV-' Jennifer L Robertson, President ]Robertson@atlasenvi.com ATLAS Environmental, Inc. 338 S Sharon Amity #411, Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 9 North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director June 15, 2023 Ms. Shannon Healy U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Blair 4794 UT Hurricane Creek, Jackson County Dear Ms. Davis, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to impact 78 ft of an unnamed tributary (UT) to Hurricane Creek in Jackson County. Our comments on this application are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Brook Trout are found in the vicinity of the project, and in -stream activities should be avoided between October 15 and April 15 to minimize impacts to trout reproduction. The project involves the removal of a culvert and replacement of the crossing with a ford. The channel is just downstream of a pond, and the stream/spillway would be lined with keyed in rock. Work would be done in the dry. We offer the following recommendations to minimize impacts to fish and wildlife resources: 1. Be vigilant with sediment and erosion control during site staging, construction, and cleanup. 2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last for years. 3. Instream activities should be avoided between October 15 and April 15 to minimize impacts to Brook Trout reproduction. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Blair 4794 Page 2 June 15, 2023 UT Hurricane, Jackson Co Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-4223 if you have any questions about these comments. Sincerely, za�A4--r� Andrea Leslie Mountain Region Coordinator, Habitat Conservation Program cc: Jennifer Robertson, Atlas Environmental Andrew Moore, NC Division of Water Resources Proposed Entrance Existina Entrance &W Footers to bridge spillway Rock and Boulder Chan nel/Saillwav N 0 A Profile of Spillway 3705.0 3705.0 3700.0 Existing Ground 3700,0 _ A- 0 3695,0 - M < (D 3695.0 Q < 3690.0 `F 3690,0 Proposed Spillway � 3685.0 A' 3685,0 3680.0 3680.0 0+1 �00 0+20.00 0+30.00 0+40.00 0+50.00 0+60,00 Q}I� Q0 Station Existing 40 LF culvert to be removed Impact S1 CH 100: — 78 LF, 0.005 Ac, 6.28 Cu/Yds ZHIC SCALE o ( pear ) 1 moa 20 rt Cross Section of Spillway Below Road Crossing ty .31 J � a Z z ❑ +' £CO QN E OU L Z d k V+ � o L 00 d ('') C- (Y) U M 0� Z � M OD O lzzt o � �U dz M C _ L LO OJ S £ Pq ---i Ou d U o U U = J +, L ML o) L M CDd Q d U � L \ Z d O L Oj +' d z L +' d Q Q D lL Q LR TS " = 20'