20080902 Ver 1_More Info Received_20080711

Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
v [a p www.SandEC.com
o ECG
July 11, 2008
JUL 11 2008
UENR -WATER WAUTY Division of Water QuLpNDS AND STORNiWA?RBRANCFi
Attn: Cyndi Karoly/Ian McMillan
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
S&EC Project # 7185.WI I
DWQProject # 08-0902
Action ID #200801696
Re: Reply to the Division of Water Quality's 07/11/08 request for stream impact clarification
The Bluffs Phase 2
Chatham County, North Carolina
Dear Ms. Karoly and Mr. McMillan:
This letter is in response to your phone call on July 11, 2008 which requested a
clarification of the revised stream impacts for the above project.
In our July 3, 2008 correspondence, S&EC noted that the project reduced total permanent
impacts to important/perennial streams by 157 linear feet. This was in error; total
permanent impacts to important/perennial stream channels have been reduced by 167
linear feet. Additionally, S&EC erroneously noted that permanent impacts to
important/perennial streams for the project were 98 linear feet. The actual total of
important/perennial stream impacts for The Bluffs Phase 2 is 100 linear feet (please see
attached revised Stream Impact table).
Please also note that on page 7, Section VI, No. 7 (Isolated Waters) of our initial
application submittal, S&EC included the impact details of Road Crossing #3 in error.
Road Crossing #3 proposes impacts to Section 404/401 waters (i.e. that stream is not
isolated). Impacts #5 & #6 are the only proposed impacts to isolated waters for this
project.
During the phone call with Mr. Ian McMillan, it was noted that mitigation may still be
required by the NC DWQ if the isolated stream impacts combined with the
important/perennial stream impacts was greater than 150 linear feet.
It has been our experience based upon previous correspondence with the NC DWQ on
this issue that when notification of activities to, isolated streams is required per the IWGP
Charlotte Office: Greensboro Office:
248 LePhillip Court 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
100000 (i.e. permanent impacts to perennial, isolated stream channels exceeds 150 linear
feet) and when notification of activities to perennial/intermittent streams is required per
the General Certifications (i.e. permanent and/or temporary impacts to intermittent and/or
perennial streams exceeds 150 linear feet) and when total impacts to important/perennial
stream channels exceeds 150 linear feet, the NC DWQ can require at least 1:1 stream
mitigation for both the perennial, isolated stream channel impacts as well as the
important/perennial stream impacts (i.e. the mitigation is additive).
The above scenario is not the case with The Bluffs Phase 2. The total proposed
permanent impacts to important/perennial channels is now 100 linear feet (i.e. less than
150 linear feet) and there are no proposed permanent impacts to perennial, isolated
channels. For this particular project, notification to the NC DWQ under IWGP 100000
was not triggered; our inclusion of the permanent impacts to 64 linear feet of intermittent,
isolated stream channel was a courtesy only. Additionally, the NC DWQ cannot require
mitigation for impacts to isolated, intermittent stream channels unless the impacts occur
in watersheds classified as ORW, HQW, Tr, WS-I and WS-II; The Bluffs Phase 2 is
within a WS-IV; NSW watershed and therefore, DWQ cannot require mitigation for the
isolated, intermittent stream channel impacts.
As stated in our July 3, 2008 correspondence to the NC DWQ and the USAGE, the new
proposed permanent important/perennial stream impacts total 100 linear feet, which is
below the NC DWQ's 150 linear foot mitigation threshold. The USACE has determined
that no stream mitigation will be required on this property given the additional efforts to
minimize and avoid impacts.
Please feel free to call me if you require any further explanation.
Sincerely,
Nicole J. Thomson
Regulatory Specialist
Attachments: 5 copies of Response letter
5 copies revised stream impact table
cc: Ms. Lauren Witherspoon, DWQ Raleigh Regional Office
Mr. Monte Matthews, USACE Raleigh Regulatory Field Office
Mr. Robert Swain
Mr. Darden Swain
Ms. Cheryl Everette
The Bluffs Phase 2
Revised Stream Impact Table
July 11, 2008
S&EC Project # 7185MI I
tlwnp-i-t # MAW?
Average
Stream Impact
Perennial or Stream Impact
Area of Impact
Number Stream Name Type of Impact Intermittent? Width Length (acres)
(indicate on map) Before (linear feet)
Impact
Impact #1 (NWP 12) UT to Haw River Temporary Perennial 5' 40' 0.005
Bridge Crossing #1 (utility installation)
Impact #2 (NWP 12) UT to Haw River Temporary Perennial 5' 40' 0.005
Bridge Crossing #2 (utility installation)
Impact #3 (NWP 12) UT to Haw River Temporary Perennial S' 40' 0.005
Bridge Crossing #3 (utility installation)
Impact #4 ('NWP 29) UT to Haw River Temporary Perennial 5' 12' 0.001
Road Crossing #3 construction
Impact #4 (NWP 29)
to Haw River Permanent
Perennial
5 ,
100
0.011
Road Crossing #3 culvert
Impact #5 (NWP 29)
UT to Haw River Temporary Intermittent
5'
10'
0.001
Road Crossing #4 construction Isolated
Impact #5 (NWP 29)
UT to Haw River Permanent Intermittent
5'
64'
0.007
Road Crossing #4 (culvert) Isolated
t #7 (NWP 29)
i T y r
m
mpae
Hg
?
u
y
s
-
#4
ay Gre
1 r-
,vye I3T-4e-11ew-Rivef
?efien) . -
i#tent
Inte 3 18' 0,04
T
?
[7
?
?
i
p
p
j TY
1 to. .-w Rive- Permanent
r
lateffnittes
3-1
S8'
0-006
REVISED Impact #7
(rlwP 12)
UT to Haw River Temporary
Intermittent
2'
40
0.002
Driveway Crossing #I &#2 (utility installation)
1Fr?puat-r#8 (?iWl? 29) U.Tte,Haw Rive 4'-en? Perennial 3' 19- 0:001
DfiVeway Gfo39ing-Q (ee}}9tfaef}efi3
iftTeet 48{F F-
Dfiveway-CC-fessing-G ??- fl rx'aw Rk,er
r Pemanent
(eAveft) Perennial 3-'- 8-71 0-.896
_
.
REVISED Impact #8
(NWP 12)
UT to Haw River
?
em
Perennial
2'
40
0.002
Driveway Crossing #3 & #4 ns
allation
(utility )
impact 49 h.Tjr `IP nnN
Priye? to '(7',,,?.... {)

to Haw "X »- J

T?..?ff?}fit'i?
" Y27f? 4! y ? 0.00 i
.,t?y? ?, T`T ?, .??]
29)
'
? ?
e
Z}} paGt"t1"J
?TY
?"?l UjT- to Haw Rk,e- ?],,??
?
(eulveft) Perennia 4z Y-om'. 070"
REVISED Impact #9
(N 12)
UT to Haw River Temporary
Perennial
2,
40
0.002
Driveway Cro sing #5 & #6 (utility installation)
Te pe Peremiial 4' 19- 0.00f
Driveway-Gressing #4 kee, t}6tiE
impaet#10 (N-UT 259") e Haw Rive
U-T-I
- Per-inanent perennial 4 68' 9:806
Dfiveway-Gfessing #4 .
t (-culvert-)
REVISED Impact #IO
(lawP 12)
UT to Haw River
Temporary
Intermittent
2'
20
0.001
Driveway Crossing #7 (utility installation)
impaet ++r,r r; ?T T.m n%
Df ivzw

945
UT t6 Haw RtVer
(fie*
i1E2r+3iti0Ht
i-
402

0.00
PAT 29)
i
t #11 Pefftianent
t"Pae
R te-l-Fitw-RiV@f Ii3teEtt3ittaftt 2' 7$' 8;993
I?f}V2tWf}y f'f199}n?? (0tikl'dei}

282 LF 0.024 ac.
REVISED Total Stream Impact (by length and acreage) Temp/ 164 Temp/0.018ac
LF Perm.* Perm.
*of the 164 linear feet of permanent stream impacts, only 100 linear feet is to important/perennial
streams