20080537 Ver 1_More Info Received_20080425

ENGINEERING, INC.
April 24, 2008
Ms. Cyndi Karoly
Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Subj: Response to Request for More Information
Pre-Construction Notification (PCN) Application
Alpine Creek - DWQ Project # 08-0537
Avery County, North Carolina
Shield Project #1070166-01
Dear Ms. Karoly:
D8 - o~ 3'1
Shield Engineering, Inc. (Shield) has received your Request for More Information dated
April 7, 2008 for the above referenced project. As requested in your letter, Shield is
providing the following:
Comment l: Please provide a table describing length and diameter of the four existing
culvert impacts and photographic documentation of the four existing culvert impacts.
Response 1: A table has been included on Drawing 2 which lists the quantities, lengths and
diameters of the four culvert crossings. Also included with this submission are labeled
photographs of the areas where the crossings are proposed.
Comment 2: Please indicate proposed lot layout as an overlay on the site plan.
Response 2: The lot layout is now shown in the plan view on Drawing 2.
Comment 3: Please provide cross section details showing the provisions for aquatic life
passage.
Response 3: Cross sections of the culverts have been revised to show that the proposed
invert elevations have been lowered to allow for natural creek-bottom material to "occupy"
approximately 20% of the pipe bottoms. A General Note indicating this has also been added
to Drawing 2.
Comment 4: Please provide a signed authorization letter for the applicant signature.
Response 4: The signature on the Application is that of Mr. Mark Adkins, an owner of
Landstar Development, LLC.
4301 Taggart Creek Road Telephone [phone]
Charlotte, NC 28208 www.shieldengineering.com
Fax [phone]
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Comment 5: Please locate all isolated- or non-isolated wetlands, streams, and other
waters of the State as overlays on the site plan.
Response 5: The wetlands and streams as delineated by ESI have been surveyed and are
shown on Drawings 1 and 2.
Comment 6: Several road crossings will be constructed with pipe slopes greater than 10
percent grade. We have concerns that outlet protection may be necessary. In addition,
construction of pipes at this grade can be difficult and temporary stream impacts may
occur. Please provide additional data showing outlet protection provisions (rip-rap
pads, constructed plunge pools, cross vanes, etc.). Please provide estimates for
temporary impacts needed for pipe installations.
Response 6: After speaking with Mr. Ian McMillan regarding this subject on April 18th,
2008, it was decided that rip rap could be placed in the perennial streams in order to help
eliminate the chance for erosion to occur below the proposed culverts. The rip rap has been
designed in accordance to the North Carolina Erosion Control Handbook. The calculations
for the rip rap design have been included with this submission. The profiles have been
revised to show this addition to the plan. A culvert narrative has been included on Drawing
2.
Comment 7: Finally, the plans show HDPE pipe to be installed. With large road fills
and steep slopes, we feel sturdier pipe material may be necessary (i.e., CMP, RCP).
Response 7: The drawings have been revised to show that proposed pipe material should be
CMP. It has been conveyed to us through the North Carolina Wildlife Resource Commission
that a corrugated pipe is preferred over asmooth-interior pipe.
Additional Comment: 2051inear feet of compensatory stream mitigation is required for
this project. Please provide a compensatory mitigation plan. The plan must conform to
the requirements of 15A NCAC 2H .0500 and must be appropriate to the type of
impacts proposed.
Additional Response: An additional 52 linear feet of creek disturbance is being proposed
with this project due to the added rip rap that was requested by your office. That brings the
total disturbance to 257'. This change has been depicted on Pages 8 and 9 of 13 of the PCN
and the revised sheets are included within the attached PCN. It is to be noted also that a
couple of the stream widths have been revised to better depict actual conditions in the field.
Furthermore, it is the desire for Landstar Development, LLC to designate the proper footage
of "Conservation Easement" along portions of the stream(s) within the property in order to
meet the requirements set forth under 15A NCAC 2H .0500. To this date, we have not
received any type of notification from the US Corps of Engineers regarding the permit that
~~ESI~IELD

was submitted to their agency, but we do understand that they also will have authority
regarding this matter.
Should you have any questions or require any additional information, please do not hesitate
to call us at [phone].
Respectfully,
SHIELD ENGINEERING, INC.
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David Weikle, E.LT. Keith A. Anthony, P
Project Engineer Chief Engineer
Enclosure
Cc: Bryan Hamby; Landstar Development, LLC
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OfflCe USe Only: Form Version March 05
USACE Action ID No. DWQ No. D8 - OS 3 7
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Pernlit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check ~~r,~ q ~ ~ -, , ~~ ;;~ •.,
II. Applicant Information
1. Owner/Applicant Information ;,
Name: Landstar Development, LLC '~~'E~~g~~~~ ~~?~~ *~•i'~'~~ r ,; r,~~~aC `'~
Mailing Address: 17505 West Catawba Avenue
Cornelius, NC 28031
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. AgentlConsultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Keith Anthony -Shield Engineering
Company Affiliation: Principal
Mailing Address: 3401 Taggart Creek Lane
Charlotte, NC 28208
Telephone Number:~704) 394-6913 Fax Number: [phone]
E-mail Address: Kanthonynshielden 1in~ eerin~.com
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Alpine Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax YIN): 182700566421
4. Location
County: Avery Nearest Town: Cranberry
Subdivision name (include phase/lot number): Alpine Creek
Directions to site (include road numbers/names, landmarks, etc.): From Spruce Pine, NC,
Travel approximately 21 mile north on SR 19E to site entrance (Sawdust Road) on the right
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.1247 °N 81.8759 °W
6. Property size (acres): 289.17
7. Name of nearest receiving body of water: Cranberry Creek
8. River Basin: Watauea
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The vast majority of the property is vacant wooded forest
The proposed entrance is actually an existint; gavel roadway (Sawdust Roadl that utilizes
existing culverts at shown creek crossings (See enclosed drawings) The surroundine
properties consist of privately-owned residential rolling forested lots
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: Approx.
28 private residential lots will be divided and sold. The infrastructure improvements include
roadway and entrance improvements as well as placement of electric utilities. The type of
equipment to be used will include dozers for clearing grading, and light r~~, dump
trucks for the delivery /transfer of material (mostly gravel for the roads), backhoe for
drainage channel construction etc.
11. Explain the purpose of the proposed work: To place culverts (varying in size) at four (4)
crossin~a in existing streams to facilitate proposed roadway crossings.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules.
An Erosion & Sedimentation Control Plan has been submitted and approved by the Avery
County Building Inspections Department. An Avery County Grading Permit (#351) has also
been issued.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 7 of 13

1. Provide a written description of the proposed impacts: The proposed impacts will
include the placement of a various-sized culverts in existing streams for the purpose of new road
crossings.
2. Individually list wetland impacts. "I~ypes of impacts include, but are not limited to
mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

N/A

Total Wetland Impact (acres) 0.0
3. List the total acreage (estimated) of all existing wetlands on the property: 0.9420
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profi]es showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma)
Stream Name
Type of Impact
Perennial o~
Intermittent. Average
Stream Width

Before Im act Impact
Length

(linear feet) Area of
Impact

(acres)
16 Cranberry Creek Culvert Perennial 1 1-feet 45 .Ol 14
I 1 Cranberry Creek Culvert Perennial 6-feet 73 .0101
7 Cranberry Creek Culvert Perennial 6-feet 58 .0080
5 Cranberry Creek Culvert Perennial l0-feet g I .0l 86

Total Stream Impact (by length and acreage) 257 .0481
Page 8 of 13

Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
till, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

(acres)

N/A

Total Open Water Impact (acres) 0.0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .0481
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.0
Total Stream Impact (linear feet): 257
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 9 of 13

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Of the almost 1.7 miles (8,930-feet of proposed and existing roadways, we designed the
alignment of the new road with special attention taken to the grade of the terrain along its
alignment as well as the impact on existing streams. Existing culverts were utilized in all of the
areas where the streams were crossed, thus helping to minimize stream disturbance. Also, the
location of our proposed Culvert #16 is currently a ford along an existing fire road. The
proposed culvert will ultimately help reduce destruction of the creek from crossing vehicles.
Also the location of the proposed roadway and crossings do not disturb any of the wetlands that
have been delineated on-site. This was done to not only help "minimize" wetlands destruction,
but avoid it altogether.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http:%/h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page l0 of 13

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements). or other (please
identify )? Yes ^ No
Page I 1 of 13

2. If ``yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) ~
2 1.5
Total
* zone I extends out 30 feet perpendicular from the top of the near bank of channel; lone 2 extends an
additional 201eet from the edge of zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The total Impervious Percentage after ultimate build-out is calculated to be about 4.6% (See
Included Cales). Temporary sediment traps and grass/matted-lined channels are being utilized to
help eliminate sedimentation at downstream locations to proposed disturbance. Individual lot
owners will be responsible for Erosion & Sedimentation controls if and when they commence to
building on their~urchased lots.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Individual private septic-systems for each lot N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
Page 12 of 13

XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httn://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
"~E.E 4~~+E~7
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/Z/o
Applicant/Agent's Signature Date A
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13